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HomeMy WebLinkAboutResolution - 4180 - Contract - Pharr & Company - HCD Office Renovation - 06_24_1993Resolution No. 4180 June 24, 1993 Item #14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Pharr and Company for the renovation of the Housing and Community Development Office, 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: �, a a,-L et y o on, City Secretary APPROVED AS TO CONTENT: Victor Kilmv, Purchasing Manager APPROVED AS TO FORM: Q is G. Vandiver; First AssI sta City Attorney DGV:j:/FaAR&CQ.RES D1-Agenda/June 15, 1993 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 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 PHARR AND COMPANY of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #12598 - COMMUNITY DEVELOPMENT OFFICE RENOVATION - IN THE AMOUNT OF $19,679.00 and all extra work a in connection therewith, underthe 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 deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) By: MAYOR P ji ARR AND COMPANY By: TITLE: COMPLETE ADDRESS: P.O. BOX 2791 LUBBOCK, TEXAS 79408 35 14M CITY OF LUBBOCK SPECIFICATIONS FOR COMMUNITY DEVELOPMENT OFFICE RENOVATIONS BID # 12598 6y 1 CITY OF LUBBOCK Lubbock, Texas"{ 4"41�o r RESOLUTION � r- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: i THAT the Mayor of the City of Lubbock BE and is hereby authorized and l directed to execute for and on behalf of the City of Lubbock a Contract by and l between the City of Lubbock and Pharr and Company for the renovation of the Housing and Community Development Office, 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 day of 1993. ATTEST: Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: �t ctor mPurchasingManager APPROVED AS TO FORM: Donald Vandiver, First Assistant City Attorney DGV:je/PHAR= AES DI-Agenda/June 15, 1993 CITY OF LUBBOCK SPECIFICATIONS for TITLE: COMMUNITY DEVELOPMENT OFFICE RENOVATION ADDRESS: MUNICIPAL BUILDING - 13th Street LUBBOCK, TEXAS BID NUMBER: 12598 PROJECT NUMBER: 3113-592612-0001 CONTRACT PREPARED BY: Purchasing Department -1- 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................................................0............0.... ............................14 5. PERFORMANCE BOND.................................................................. ........................17 b. CERTIFICATE OF INSURANCE............................................................. .....................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., ... oo.o .... o..o..00000sos000s00000sosoos0000000soosos00000 ..........................45 -2 r.. A `1 • t NOTICE TO BIDDERS l 7 ,I I NOTICE TO BIDDERS BID # 12598 t Sealed bids addressed to RON SHUFFIELD, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, r►. until 2:00 o'clock D.m. on the 2nd day of June. 1993, 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: COMMUNITY DEVELOPMENT OFFICE RENOVATION After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer 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 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 24th clay of June. 1993, at Municipal Bldg.,1625 ' 13th Street, Personnel conference room #108, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price [ exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of g l or superior, as the rating of the bond company is a factor that will be considered in determination of the Lowest responsible bidder. if the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a 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 regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. rk 1� 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, color, sex, disability, or national origin in consideration for an award. There will be a pre -bid conference on 26th day of May. 1993, at 10:00 o'clock a.m., Personnel Conference Room 108, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. CITY OF LUBBOC RON SHUFFIELD SENIOR BUYER ADVERTISEMENT FOR BIDS BID # 12598 Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department,, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 2nd day of June. 1993, 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: COMMUNITY DEVELOPMENT OFFICE RENOVATION After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer 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, disability, or national origin in consideration for an award. There will be a prebid conference on 266th day of May. 1993, at 10:00 o'clock a.m., Personnel Conference Room 0108, Municipal Building, 1625 13th Street, Lubbock, TX. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at Least 48 hours in advance of the meeting. CITY LUBBO 7 Ron Shuffield i` Senior Buyer :I' CERTIFICATION IN COMPLIANCE WITH SECTION 109 OF PUB. L. 100-202 REGARDING RESTRICTIONS ON THE AWARD OF CERTAIN CONTRACTS AND SUBCONTRACTS TO FOREIGN COUNTRIES (a) Definitions. The definitions pertaining to this provision are those that are set forth in the clause entitled "Restrictions on Public Works Projects." (b) Certification. -Except as provided in paragraph (c) of this provision, by submission of its bid or proposal, the bidder certifies that it - (1) Is not a Contractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR) (see paragraph (h) of this provision); (2) Has not or will not enter into any subcontract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; and (3) Will not provide any product of a country included on the list of foreign countries that discriminate against U.S. firms published by the USTR. (c) Inability to certify. A bidder unable to certify in accordance with paragraph (b) of this provision shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification. (d) Applicability of 18 U.S.C. 1001. The certification in paragraph (b) of this provision concerns a matter within the jurisdiction of an agency of the United States, and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, U.S.C. 1001. (e) Notice. The bidder shall provide immediate written notice to the Contracting Officer if, at any time before the contract award, the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (f) Restrictions on contract award. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban Development, no contract will be awarded to a bidder (1) who is owned or controlled by a citizen or national of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, (2) whose subcon- tractors are owned or controlled by citizens or nationals of a t 0- foreign country on the USTR list, or (3) who incorporates any product of a foreign country on the USTR list in the public works project. (g) Recordkeeping. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (b) of this provision. The knowledge and information of a bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (h) USTR list. The USTR published an initial list in the Federal .Register on December 30, 1987 (53 FR 49244), which identified one country - Japan. The USTR can add countries to the list,.and remove countries from it, in accordance with section 109(c) of Pub. L. 100-202. (Seal if Bidder is a Corporation) ATTEST: Secr ary Jackie Miller Pharr Construction Co., Inc. dba Pharr & Contr or By: J m R. har President r++ INFORMATION FOR BIDDERS PW f 4. Telegraphic Modification d Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegra- phic communication should not reveal the bid price but should provide the addition or subtraction or other modi- fication so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the tele- graphic modification. ... 5. Qualifications of Bidder The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such informa- tion and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted. Bidder must be acceptable to the Owner after verification by the HUD Area Office of the bidder's current eligibility status. 6. Bid Security Each bid must be accompanied by cash, certified check of the bidder or a bid bond duly executed by the bidder and issued by a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the Contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. - 2 - 9 relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. 10. 'Performance Bond and Payment Bond (Contract.in Excess of $25,000) The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes, in the amount of 100% of the total Contract price, in the event said Contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on the forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is - further agreed that this Contract shall be in 'effect until such bonds are so furnished. Said statutory bonds should be issued by a Company carrying a current Best Rating of P or superior, as the rating of the bond company is a factor that will be considered in determination the lowest responsible bidder. 11. Power of Attorney Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 12. Notice of Special Conditions Attention is particularly called to those parts of the Contract Documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. 13. Laws and Regulations The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. 14. Obligation of Bidder At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to - 4 - r F i r be thoroughly familiar with the plans and Contract Documents as defined in the General Conditions. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from -any obligation in respect of his bid. - If Plans and Specifications are too bulky or cumbersome to be physically bound to the Contract Documents, they are to be considered incorporated by reference into the aforemen- tioned Contract Documents. 15. Texas State Sales Tax This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 16. Materials and Workmanship The intent of these Contract Documents is that only mate- rials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the construction site will not relieve the Contractor of full responsibility for complying with this provision. The specifications for materials and methods set forth. in the Contract Documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 17. Protection of the Work The Contractor shall be responsible for the care, preser- vation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, acces- sories, facilities and all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid or not paid for such work, until the date the City issues its certificate of completion to the - 5 - Contractor. The City reserves the right, after the bids have been opened and before the Contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder,.showing completed — — jobs of a similar nature to the one covered by the proposed Contract and all work in progress, with bond amounts and percentage of work completed. (b) A sworn statement of the current financial condition of the bidder. (c) An equipment schedule. 18. Protection of Subsurface Lines and Structures It shall be the Contractor's responsibility to prosecute the work contemplated by the Contract Documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines,' utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contem- plated by these Contract Documents. The City of Lubbock agrees that it will furnish Contractor with information as to the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities, -aforemen- tioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this Contract shall be repaired immediately by the Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 19. Contractor's Representative The successful bidder shall be required to have a respon- sible 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. - 6 - l .. 1 20. Provisions Concerning Escalator Clauses Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. e P F� 1� t� r 1 1 l BID PROPOSAL - BID FOR LUMP SUM PRICE rs f BID PROPOSAL BID FOR LUMP -SUM CONTRACTS PLACE : Municipal Building, 13th Street, Lubbock, Texas DATE : June 2, 1993 PROJECT NO.: 3113-592612-0001 Proposal of Pharr Construction Co., Inc. d/b/a Pharr & Company (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 Community Development Office Renovations Bid #12598 Project #3113-592612-0001 having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents k and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is to be a part, is as follows: MATERIALS: Eleven Thousand Eight Hundred Seven & 40/1QC$ 11, 807.40 ) SERVICES: Seven Thousand Eight Hundred Seventy-one &($ 7,871.60 ) 100 TOTAL BID: Nineteen Thousand Six Hundred Seventy-nine & no/10 19,679.00 ) 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 0 () consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $0.00 () for each consecutive calendar -15- L,. 7 r F day in excess of the project, all as more contract documents. time set forth hereinabove for completion of the fully set forth in the general conditions of the Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for period of thirty (30) calendar days after the spheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specification! and contract documents pertaining to the work covered by this bid, ar he further agrees to commence work on or before the date specified it the written notice to proceed, and to substantially complete the wor) on which he has bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for N/A Dollars ($ N/A ) or a Proposal Bond in the sum of 5Z of total amount hid Dollars ($ 5% ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check of bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed X Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pharr Construction Co., Inc. (Seal if Bidder is a Corporation) A Secrepary Jackie Miller -16- � r UNITED STATE FIDEL1 tiN r UARANTY COMPANY M � j ', • 4I BID BOND BONDNUMBER .... ... »......... _.... ................... .............. ...................... _....... KNOW ALL MEN BY THESE PRESENTS: THAT ............ Pbarr Construction Company, Inc. dba Pharr & c= pan.Y ......�» _._...» ._........» .. » » .. _ _. of......................... .I,bk �_T. ».. _ .. .._ _.. »».....»_.. »......_ ... .... .:.». ........... ».......... _ .... ....... _� ... _ . , as Principal. , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto. » . _ .» w„» _ ..........� ....... .. Lubbock as Obligee, in the full and just sum of....FZYE .PkEi$ f1F �..HI!] BY..ERILIPAJ.r�-Mm » �- •» »•-»» »» - .... _»»» . .»_ . » »»..» ....... .».._..... ».. » . »... » .. _.».. .» .... .....�.. ...w ..»..» .. 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. WHEREAS. the said Principal is herewith submitting its proposal Community Development Office Renovation Project #3113-592612-0001 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 d the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference In money between 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 be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered ..... ...June 2.f...1993.... » (Date) ...... ........ t:� .. . .. Pharr Construction Company, Inc. dba Pharr & Company . ...... . .. ..... immy R. P rr, President TED STATES FIDELITY AND GUARANTY COMPANY Zan /............ ........... .........»................ . . Laura Espinoza Attorney -in -fact r PAYMENT BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas under V.A.C.S. Art. 5160) THE STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That we (1) • , (2) of , hereinafter called Principal, and 3 of State of , hereinafter called the Surety, are held firmly bound unto 4) of , hereinafter called Owner, and unto all persons, firms and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ($ ) Dollars in lawful money of the United States, to be paid in , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6) dated the day of , 19 , a copy of which is hereto attached and made a part hereof, for the construc- tion of: NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 19599 effective April 27, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 4229 Sec. 1, effective June 2, 19699 supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. This bond is made and entered into solely for the protection of all claimants supplying labor and materials in the prosecution ►,� of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in 7 Article 5160, Revised Civil Statutes of Texas, 19259 as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1, effective June 2, 1969. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in County, Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change,;extension of time, alteration or addition to the terms:of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications..__ PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder. who.se claim_ may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the day of , 19 Principal ATTEST: BY: Principal Secretary (SEAL) Witness as to Principal Address ATTEST: Surety Secretary (SEAL) Witness as to Surety Address Address Surety BY: (Address) NOTE: If Contractor is Part- nership, all partners should execute bond. r` These footnotes refer to the numbers in the body of Contract ' above: r" t. Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (3) Correct name of Surety PM (2) A Corporation, a Part- (4) Correct name of Owner nership or an Individual, (5) County and State as the case may be (6) Owner l ITA ei dl� t. I i! i i r r r r PERFORMANCE BOND is J �I ri f^ r 7 r .19 UNITED STATES FIDELITY AND GUARANTY COMPANY N u 139310 JL POWER OF ATTORNEY s NO. 105716 KNOW ALL MEN BY THESE PRESENTS: That UNTIED 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 Donal Boley, Steve Deal, Laura Espinoza, Ruth Anderson, Amy R. Brown, Chris Simpson and Ginger Delzell of the City of W Chita F��� S • State of TT S its true and lawful Attorney(s}in-Fact, each in their separate capacity if more t�aa one is came3 ove, to sign its name as siir , and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance ofcontracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Wbereof, 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 Senior Vice President and Assistant Secretary, this 4th day of December , A.D. 19 92 . UNITED STATES FIDELITY AND GUARANTY COMPANY 4 aeoroxan (Signed) By. ..�.... 1898 ., Senior Vice President (Signed) By........ .G.!... .............. -��,, . ........... lAssistant Secretary STATE OF MARYLAND) 40 �t SS: BALTIMORE CITY On this 4 th day of December D,,tsg2 , before me per (( Senior Vice President of the UNITED STATES FIDELITY ARANTY COMPANY Secretary of said Company, with both of whom 1 am {y cquainted, who being j�te eral, Lamendola and Paul ms were rc: the said UNITED STATES FIDELITY AN COMPANY, tEcy "ration described in each knew the seal of said corporation; that t al affixed to said P A was such cgipQ of said corporation, and that they signed their names thereto b 1' a as Senior Vice Prcsitc—c My Commissionexpires the llth dayin M r c h A. ii0� 4 Robert J. Lamendola Paul D. ms ,Assistant ,y duly sworn, at they, the said Robert J . pective � or Vice President and the Assistant Secretary of a w executed the foregoing Power of Attorney; that they e al, that it was so affixed by order of the Board of Directors d Assistant Secretary, respectively, of the Company. 5• �Ov NOTARY PUBLIC This Power of Attorney is granted under and t�yrity of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septem . 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I. Paul D. Sims , an Assistant Secretary ofthe UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. 1, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of t 9NITE STATES FIDELITY AND GUARANTY COMPANY on this 2nd day Of June , 19 9 3 Lvi� loge Assistant Secretary FS 3 (10-92) CERTIFICATE OF INSURANCE z,4ACHI'." DATE (MM/DD/YY) Wi .^ ��w, �,�-,..�� "�,. .a=.. �-�'�, .M.. � _ � 07/02/93 PRODUCER �F� HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BOley Featherston Insurance POLICIES BELOW. P. O. Drawer 10 COMPANIES AFFORDING COVERAGE Wichita Falls TX 76307 COMPANY A LETTER TRINITY UNIVERSAL INSURANCE CO _.. _,... „,,........ COMPANY B E INSURED ER LETTER TRINITY UNIVERSAL OF KANSAS C LETTER LETT TEXAS WORKERS COMPENSATION PHARR CONSTRUCTION COMPANY INC., COMPANY ' DBA PHARR & COMPANY LETTER NORTHBROOK_PROPERTY &„CASUALTY P 0 BOX 2791 COMPANY E LUBBOCK TX 79408 I LETTER TUTUT7.o 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. ......... _...r.._......,__,_........_....__.._........,.._......_.--------- _..__...._ ........_.._ ------ ......................._._.....w------ ....,....._�,_�.....,...r.._._._.,...,...,........._W..,......._..,,_.._..,.,.,..�..._�..,.....,,...,,._..........,.__.....w..........,-.._.._.._....__......_.. CO j '; POLICY EFFECTIVEpOLICY EXPIRATIOI,r LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDNY) DATE (MMIDDNY) ; LIMITS GENERAL LIABILITY GENERAL AGGREGATE $2,_0.. 00, 000 X COMMERCIAL GENERAL LIABILITY TXP9827710 08/ 15/92 08/ 15/9.3, PRODUCTS COMPIOP AGG 910000, 000� r .; s - CLAIMS MADE X i OCCUR.; I [PERSONAL 6 ADV.INJURY . $1 , 000, 000 X;OWNER'S aCONTRACTOR'S PROT: 07IO2/93 07/02/94 EACH OCCURRENCE a1:000,000— FIRE DAMAGE (Any one fire) a50 E 000 _.. ........... __... __. _.... _ .......,..,...._._...,_ MED. EXPENSE (Any one person) $5 000 AUTOMOBILE LIABILITY COMBINED SINGLE a ANY AUTO B. X TCA9827711 LIMIT 08/15/92 08/15/93 �_ i10001000 ALL OWNED AUTOS ....... ......__._. ___...._. I BODILY INJURY a SCHEDULED AUTOS (Per person) X ; HIRED AUTOS �. BODILY INJURY a X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE a EXCESS LIABILITY EACH OCCURRENCE a A_ X UMBRELLA FORM U09827712 OB/15/92 08/15/93 AGGREGATE a I (100000. µ OTHER THAN UMBRELLA FORM.,"R Y x WORKER'S COMPENSATION :, STATUTORY LIMITS C ISSUED DIRECTLY 08/15/92 08/15/93 EACH ACCIDENT :6500.000. AND „ DISEASEPOLICY LIMB a5Q0, EMPLOYERS' LIABILITY BY THE COMPANY DISEASE —EACH EMPLOYEE S50Q, QQQ. OTHER U BUIILDERS RISK 72327572 10/15/92 08/15/93, 750,000 JOBSITE REFJf; I INt FORK ]. , 500, 000 OCCUR DEIcPl f. IOILQE gP`�gRIWCUgoq�tlb"ff CrLUPP ICE RENOVATION OWNERS PROTECTIVE LIMITS: 1, 000, 000 AGGREGATE/500, 000 OCCURRENECE �FICATE IIQLpER43ANCELLATION' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF LUBBOCK ;. MAIL 3[L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P O BOX 2000 LUBBOCK TX 79457 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND_UPON THE COMPANY, ITS AG TS OR REPRESENTATIVES. AUTHORIZED REPRESENT ' """ BOLEY FEAT 'A CE 1CORD 25-S (7/90) ; , ®AGGRO CORPORATION 1990` CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: Type of Lubbock, Texas Project: THIS IS TO CERTIFY TEAT (Name and Address of Insured) is, at the date of this certificate, in- sured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workmen's Compensation Owner's Protec- Per Person $ tive or Contin- Per Occurrence $ gent Liability -------------------------------------------------------------------------------------------------------------------- Property Damage $ Contractor's Per Person $ Protective or Per Occurrence $ Contingent Property Damage $ Liability -----------------------------------------------•-------------------------------------------------------------------- Per Person $ Automobile Per Occurrence $ -------------------------------------------------------------------------------------------------------------------- Property Damage $ Comprehensive General Liability $ -------------------------------------------------------------------------------------------------------------------- Umbrella Liability $ The foregoing Policies (do) (do not) cover all sub -contractors. Locations Covered DESCRIPTION of Operations Covered The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE OWNER. (Name of Insurer) By: Tltle HUD CERTIFICATIONS SECTION 3/STATEMENT OF WORK FORCE NEEDS (IN EXCESS OF $109000) y e. r L r F F U.S. Department of Housing and Urban Development Supplement to the Public and General Conditions of the Indian Housing COntrect for Construction Article 1 — Labor Standards Applicability and so advise HUD or Its designee or will notify HUD or its The Project or Program to which the construction work covered designee within the 30-day period that additional time is by this contract pertains is being assisted by the United States necesssary. (Approved by the Office of Management and Budget of America and the following Federal Labor Standards Provisions under OMB Control Number 1215.0140.) art: included In this Contract or related instrument pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 In the construction or development of the project), will be paid uncon- ditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis - Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi• sions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such tebamrs and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determina- tion (including any additional classification and wage rates con- formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and ac- cessible place where it can be easily seen by the workers. (Ilia) Any class of laborers or mechanics which Is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classifica- tion and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested Is not performed by a classification in the wage deter- mination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their represen- tatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommenda- tion of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (Including fringe benefits where ap- propriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work Is performed in the classification. (Ill) Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (lv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages re- quired by the contract. In the event of failure to pay any laborer or mechanic, inlcuding any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by th+ contract, HUD or its designee may, after written notice to the con- tractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, ad- vance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contrac- tor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937. or under the HUD 52554 (1-67) HB 7417.1 h 7417.1 REV-1 qualified applicants will receive consideration for employment struction work: Provided, that if, the applicant so participating is a without regard to race, color, religion, sex, or natlonAl origin. ' State or local government, tho above equal opportunity clause le l :..., _ C. The Contractor will send to each labor union or ►: not applicable to any agency, instrumentality or subdivision of such represen- tative of workers with which it has a collective bargaining agree- government which does not participate in work on or under the mentor other contract or understanding a notice to be provided contract. +• -.1+ �.r r.r''' ^??M advising the said labor union or workers representatives of the L The applicant agrees that it will assist and cooperate actively Contractor's commitments hereunder, and shall post copies of with the administering agency and the Secretary of Labor in obtain. the notice in conspicuous places available to employees and ap. ing the compliance of contractors and subcontractors with the plicants for employment. equal opportunity clause and the rules, regulations, and relevant ' D. The Contractor will comply with all provisions of Executive " orders of the Secretary of Labor, that it will furnish the administer.' Order 11246 of September 24, 1965 and of the rules, regulations, ing agency and the Secretary of Labor such information as they and relevant orders of the Secretary of Labor. may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the ' E. The Contractor will all information and reports re- ' agency's primary responsibility for securing compliance.. -''- °"..=•j uired r 1124 of September 24, and Executive Order of Labor, r- rules, regulations, and orders of the Secretary of Labor, or pur- r eg orders J. The applicant further agrees that It will refrain from entering in - suant thereto, and will permit access to its books, records, and to any contract or contract modification subject to Executive Order accounts by the Secretary of Labor for purposes of investigation 11246 of September 24. 1965, with a contractor debarred from, or to ascertain compliance with such rules, regulations, and orders. who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive F. In the event of the Contractor's noncompliance with the ''+, order and will carry out such sanctions and penalties for violation 1: nondiscrimination clauses of this contract or with any of the of the equal opportunity clause as may be imposed upon contrac• i::: said rules, regulations, or orders, this contract may be canceled, tors and subcontractors by the administering agency or the -` terminated, or suspended In whole or in part and the Contractor t Secretary of Labor pursuant to Part 11, Subpart D of the Executive - may be declared ineligible for further government contracts or order. in addition, the applicant agrees that if it fails or refuses to federally assisted construction contracts in accordance with pro- comply with these undertakings, the administering agency may take cedures authorized in Executive Order 11246 of September 24, any or all of the following` actions: Cancel, terminate, or suspend in 1965. and such other sanctions may be imposed and remedies Whole or In part this grant (contract, loan, insurance, guarantee); Invoked as provided in Executive Order 11246 of September 24, refrain from extending any further assistance to the applicant under 1965, or by rule, regulations or order of the Secretary of Labor, the program with respect to which the failure or refund occurred Or as otherwise provided by law, until satisfactory assurance of future compliance has been received . G. The Contractor will Include the portion of the sentence im• from such applicant; and refer the case to the Department of mediately preceding paragraph A and the provisions of Justice for appropriate legal proceedings. paragraphs A through G in every subcontract or purchase order - unless exempted by rules, regulations, or orders of the Secretary , of Labor Issued pursuant to Section 204 of Executive Order Article S — Equal Opportunity for Businesses and Lower Income Per` 11246 of September 24, 1965, so that such provisions will be .4 sons Located Within the Project Area binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase A. The work to be performed under this contract is on a project order as the Secretary of Housing and Urban Development or the assisted under a program providing direct Federal financial -' Secretary of Labor may direct as a means of enforcing such pro• assistance from the Department of Housing and Urban Develop - visions. including sanctions for noncompliance. Provided, . ment and is subject to the requirements of Section 3 of the Hous- however, that in the event the Contractor becomes involved in, ing and Urban Development Act of 1968, as amended, 12 U.S.C. or is threatened with, iltigation with a subcontractor or vendor as 1701u. Section 3 requires that to the greatest extent feasible oppor- a result of such direction by the Secretary of Housing and Urban tunities for training and employment be given lower income -4_.:. Development or the Secretary of Labor, the Contractor may re- .. residents of the unit of local govemrnent or the metropolitan area quest the United States to enter into such litigation to protect (or, nonmetropolitan county) as determined by the Secretary of ••i the interests of the United States. . ..... .;..... .: _ Housing and Urban Development in which the project is located , M. The applicant further agrees that it will be bound by the and contracts for work In connection with the project be awarded to above equal opportunity clause with respect to its own employ- business concerns which are located in, or owned in substantial •" - ment practices when it participates in federaly assisted con- . part by persons residing in the same metropolitan area (or ,__. - "'' `' it -]' ••,r- �f•.'t'.•,-•�•:' nonmetropolitan county) as the project. _ ' ... ,:o �7t1,r •.r�S `;` fi]!1 �i:i.'%j�:T • .!'.�-.'.: rs.•r:P O' !i!ti)ar-? 1L , ]T ;i:�'I �tf+• ' ? .'r'i;.~��+•;': 1 rr:?L'i ;a`•nu. ''1G,i�;?'i',L �° i'',... 7 �. + .v i• - i ^!^i } .�. 1 . /- ti•� v': i *" `ill` . + 1 r r<Q. i r.:S'il`• t ::•i'N+i, + 91 'r:i. +Trrtif �iai rya/ "J„•.i,:fitt .L o': r 1^ ,.• : ''t :'/:'- . virt n, ._ .,� } �:,,,:::;, • .,,V . y -c.r.: rlr:.* r„ � .? ii' -•r ;}:, 11 _ i � ,�.. � t � t :.i; . •i ? • R '� ,� .�:L'. j :;i!�,:t �W :, .i •' :n3ll^�•-+:. 7iia+.s u R,S�d :ta?:P,s `�� r.t .Ar.�' .�7•' ^� ./ +i) .jn.li. lit ••l �,,1�VL:..l .►t''yr' ��'i " i.r� _:,t•.'ti•.i. ! '•� ,:;•. , , '{-�.• �1 /• Yt1P) a- ,•(rl'tal 1 i 1S 1.T.i S s]r'1'jtr. ti ai1,i `I ( :•. .6+l.�t3q" // P. �, , � r. .. -}7 / _. i•re�!^ •{ :� ri .. t... �i.. �t..p�•�rr � sill'1 {pYf 4 r - �) t� • ';s r, r; : is _ .�,. • ., s . -' .. ... i. .. '.'? .,..!r �•, s. •�; . ~ - • :� r ,. ... ... • •. .. ..l ... .. ' it' !!, a. ^ ^}'s!.. �i'7't'1•:: i! '�',Jt.' .1. ,, Page 4 of 4 Pages -- -•---- _.-----__.,�~ r s CONTRACTOR INFORMATION �' TO: City of Lubbock DATE:_,'' E 1996 ,4 P.O. Box 2000 Lubbock, Texas 79457 PROJECT NUMBER CDWO: PROJECT NAME:r�/►�miln�iTy �j(,�ptn ,� i ©FFrC� n�ddATro r�: 1. The undersigned, having submitted a bid to the City of. 7 Lubbock for the construction of the above identified 4 project, certifies that: r- (a) The legal name and business address (including zip code) of the undersigned is: T fsP ,nm Piz ry P)n �,791 ,8or, T a8 , r .D. - y 2. The undersigned is: (a) A single proprietorship (list sole owner) (b) A partnership (list all partners) (c) A corporation (names of all principals and their titles) ... President: JIMMY E. P14,0PE Vice -President: _,Jn w� k _P84u, Secretary -Treasurer: _doot-'Ie 3.The Taxpayer Identification Number for the undersigned is (whichever is applicable): (a) Employer Identification Number (Federal Identification Number): 175-r� if IAA 5' (b) Social Security Number: 4. If awarded the bid for the aforementioned project, the undersigned agrees to forward to the City of Lubbock within — ten days after the execution of any subcontractor(s) a list of 'all subcontractors who will be employed on said project. This list will consist of the subcontractor's legal name and — business address. F},P—P, � CnmPANY Uontract or) Date— g y ;�!��' PRELIMINARY STATEMENT OF WORK FORCE NEEDS CONTRACTOR'S NAME Pip P , ADDRESS P.O. & X 17gI Ld ERSA I XAS ANTICIPATED OCCUPATIONAL CATEGORIES TO BE UTILIZED ANTICIPATED NUMBER OF NON -TRAINEE POSITIONS NATURE OF CONTRACT iinnJ� 00 AMOUNT OF CONTRACT_ * This form is to be completed by all contractors prior to signing any contract. ANTICIPATED NUMBER OF TRAINEE POSITIONS CONTRACT r r 7 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 6-24-93 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 PHARR AND COMPANY 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 wider the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: r; BID #12598 - COMMINITY DEVELOPMENT OFFICE RENOVATION - IN THE AMOUNT OF f14,679.00 and all extra work in connection therewith, underthe 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 deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents ha r executed year and day first above written. ATTEST: Slcre�tr 9!n APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: Cori to Secretary 4gree-ant-frtrtbhc k, Lubbock -County, Texas in the F Ltm�OjC2TE S ( R) MAYOR PHARR AND COMPANY ADDRESS: P.O. Box 2791 LUBBOCK, TEXAS 79408 if 35 GENERAL CONDITIONS OF THE AGREEMENT n INDEX TO GENERAL CONDITIONS t 1. Owner r, 2. Contractor 3. Owner's Representative and Architect or Consulting Engineer j 4. Contract Documents i 5. Interpretation of Specifications or Drawings r 6. Subcontractor 7. Assignment 8. Written Notice 9. Work 10. Substantially Completed 11. Layout of Work 12. Keeping of Plans and Specifications Accessible r, 13. Right of Entry and Inspection 14. Lines and Grades 15. Architect's Authority and Duty 16. Superintendence and Inspections 17. Contractor's Duty and Superintendence 18. Contractor's Understanding 19. Character of Workmen 20. Construction Plant 21. Sanitation 22. Observation and Testing 23. Defects and Their Remedies 24. Changes and Alterations 25. Extra Work I'I 26. Discrepancies .and Omissions 27. Right of Owner to Modify Methods and Equipment 28. Protection Against Accident to Employees and the -Public 29. Contractor's Insurance: Scope of Insurance and Special Hazards 30. Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies — 31. Protection Against Royalties or Patent Invention 32. Lays and Ordinances 33. Time for Completion and Liquidated Damages 34. Time and Order of Completion 35. Extension of Time 36. Hindrance and Delays 37. Quantities and Measurements 38. Protection of Adjoining Property 39. Price for Work 40. Construction Schedule & Periodic Estimates 41. Payments to Contractor 42. Payrolls and Basic Payroll Records of Contractor and Subcontractor 43. Minimum Wages 44. Posting Wage Determination Decisions and Authorized Wage Deductions - 45. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decisions 46. Specific Coverage of Certain Types of Work by Employees 47. Underpayments of Wages or Salaries - 48. Anticipated Costs of Fringe Benefits 49. Fringe Benefits not Expressed as Hourly Wage Rates I i. i 4 50. Overtime Compensation Required by Contract Work Hours and .. Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) 51. Employment of Apprentices/Trainees a. 52. Employment of Certain Persons Prohibited 53. Regulations Pursuant to So -Called "Anti -Kickback Act" 54. Complaints, Proceedings or Testimony by Employees 55. Claims and Disputes Pertaining to Wage Rates 56. Questions Concerning Certain Federal Statutes and Regu- lations i 57. Final Completion and Acceptance 58. Final Payment 59. Correction of Work Before Final Payment for Work 60. Correction of Work After Final Payment 61. Payment Withheld 62. Delayed Payment 63. Time of Filing Claims 64. Arbitration 65. Abandonment by Contractor 66. Abandonment by Owner �I 67. Losses from Natural Causes 68. Independent Contractor 69. Cleaning Up 70. Contractor's Right to Terminate 71. Right of the Owner to Terminate Contract 72. Breach of Foregoing Federal Labor Standards Provisions 73. Interest or Member of or Delegate to Congress lJ 74. Other Prohibited Interests h" i i 75. Special Equal Opportunity Provisions 76. Certification ofCompliancewith Air and Water Acts 77. Special Conditions Pertaining to Hazards Safety Standards and Accident Prevention 78. Nondiscrimination against the handicapped (Sec. 504) I GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word "Owner" " or the expression Party of the F •rst,P.art'!.,..or.."•Fi_rs.t Aariy':.,...ar_e_.use_d.in ..this...Conttract, .they shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word "Contractor", or the expression "Party of the Second Part", or "Second Party", are used, they shall be understood to mean the person, persons, co -partnership or corporation, to -wit: PHARR AND COMPANY who has agreed to perform the work embraced in this Contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER a. Whenever the term Owner's Representative is used in this Contract, it shall.be understood as referring to the Community Development Administrator of the City of Lubbock, or to such other representative, supervisor or inspector as may be authorized by said Owner to act as Owner's Representative under this Agreement. Owner's Representative may designate engineers, " supervisors or inspectors who will act for Owner under the direction of Owner's Representative, but such engineers, super- visors or inspectors shall not directly supervise the Contractor or men acting in behalf of the Contractor. The Owner's Represen- tative shall have authority to approve change orders involving a decrease or increase in cost of Five Thousand ($5,000..00) Dollars or less. b. Owner has designated _ ^ SANDY OGLETREE, COMMUNITY DEVELOPMENT ADMINISTRATOR to perform the duties of Architect or Consulting Engineer on the project to be constructed pursuant to this Contract. The Architect or Consulting Engineer will administer this Contract during construction and until final payment is due or until the Owner's Representative terminates, modifies or limits the duties which are the responsibility of the Architect as hereinafter set forth, in which case the Owner's Representative or his appointed agent shall perform any duties so terminated, limited or modi- fied. The word "Architect" when used in this agreement shall mean either Architect or Consultin Engineer. 4. CONTRACT DOCUMENTS The Contracts Documents shall consist of the Notice to Bidders, Information for Bidders, Bid Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agree- r 7 ment, Exhibits A and B to the General Conditions, Special Conditions of the Agreement (if any), Specifications, Drawings, Insurance Certificate and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders, as well as all Addenda issued prior to the execution of the Signed Agreement, and all Modifications, such as Change Orders, written interpretations and written orders for minor changes in the work which are issued by the Architect as hereinafter authorized. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of -the work. The Contract Documents are complemen- tary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and reasonably inferable therefrom -as being.necessery to produce the intended results. r In the event Special Conditions are contained herein as part of the Contract Documents and.said_Special..Conditions conflict. — with any of the General Conditions contained in this Contract, then in such event the Special Conditions shall control. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor. 5. INTERPRETATION OF SPECIFICATIONS DR DRAWINGS 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 nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said p Specifications or Drawings shall be decided by the Architect, and said work shall be done in accordance with his interpretations of R� the meaning of the words, terms or clauses defining the charac- ter of the work. 6. SUBCONTRACTOR ' I. A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the work at the site. t� The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award any work to any subcontractor without prior written approval of the Owner's Representative, ' which approval will not be given until the Contractor submits to - 2 - i the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of.his subcontractors, and of persons — either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be w inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to r the work of the subcontractors and to give the Contractor the same power to terminate any subcontract that the Owner may ,. exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Contract shall create any con- tractual relation between any subcontractor and the Owner or the ` Architect, and said subcontractor will look exclusively to the Contractor for any payments due subcontractor. 7. ASSIGNMENT The Contractor agrees that he will retain personal and will give his personal attention to the fulfillment control of this Contract. The Contractor further agrees that assignment of any portion or feature of the work or materials required in the performance of this contract shall not relieve him from his full obligations to the Owner, as provided by this Contractual Agreement. 8. 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. All directions, instructions or notices required or autho- rized to be given under these Contract Documents from the Owner, Owner's Representative or Architect to the Contractor shall be in writing. Lj 9. WORK The work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. j, Unless otherwise stipulated, the Contractor shall provide and pay for all materials,supplies, machinery, equipment, tools, superintendence, labor, insurance" and all water, light, power, fuel, transportation.and all other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfac- tory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meanings shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with the Contract Documents or any other information or instructions conveyed to the Contractor. 10. SUBSTANTIALLY COMPLETED - The term "Substantially Completed" means that the structure or project contemplated by the Contract Documents,has been made suitable for use or occupancy, or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 11 .LAYOUT OF WORK Except as specifically provided herein, the Contractor shall be responsible for laying out all work and'shall accomplish this work in a manner acceptable to the Architect. The, Architect will check the Contractor's layout of all major structures and any other layout work done by the Contractor at the Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating allworkin accordance with the Plans and Specifications. 12. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with (1) nnP copies of all Drawings, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job. site. 13. RIGHT OF ENTRY AND INSPECTION The Architect shall at all times have access to the work wherever it is in preparation and progress. The Architect will make periodic visits to the site at intervals appropriate to the state of construction to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Con- tract Documents. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity - 4 - PW of the work. Furthermore, the Architect will not have control or charge of and will not be responsible for the construction means, !~ methods, techniques, sequences or procedures, or the safety t 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 r„ keep the Owner informed of the progress of the work and will G endeavor to protect the Owner against defects and deficiencies in the work of the Contractor. The authorized representative and agents of the Owner shall be permitted to inspect all work, material, payrolls, records of personnel, invoices of materials and other relevant data and records. The Owner reserves the right to perform work related to the project with his own forces, and to award separate contracts in connection with other portions of the project or other work on the site of the Contract. If the Contractor claims that delay or additional costs are involved because of such action by the Owner, he shall make such claim as provided elsewhere in the Contract Documents. F14. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these Contract Documents or the completion of the work contemplated by these Contract Documents. Whenever necessary, the Contractor shall suspend his work in order to permit the Owner's Representative to comply with this require- ment, but such suspension will be as brief as practical and the Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines'and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Con- tractor, and in case of careless destruction or removal by him, his subcontractors or their employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at the Contrac- tor's expense. 15. ARCHITECT'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Contract that the Architect shall review all work included herein. F11 - 5 - The Architect will review and approve or take other appro- priate action upon the Contractor's submittals, such as Shop _ Drawings, Product Data and Samples, but only for conformance with the design concept of the work and with the information given in the Contract Documents. The Architect will have authority to order minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be ef- fected by written order, and shall be binding on the -Owner and the Contractor. The Contractor shall carry out such written _ orders promptly. The Architect has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Architect has the authority to reject work which does not conform to the Contract Documents. In order to prevent delays and disputes and to discourage litigation, it is further agreed that the Architect shall, in all cases, determine the amounts and.quantities of the several kinds of work which are to be paid for under this Contract. Based on the Architect's observations and an evaluation of the Contrac- tor's Applications for Payment, the Architect will determine the amounts owing to the Contractor and will issue Certificates for Payment in accordance with the provisions of this Agreement. 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 Architect'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 under the Contract; provided, however, that should the Architect render any decision or give any direction which, in the opinion of the Owner's Representative, is not in accordance with the meaning and intent of this Contract, the Owner's Represen- tative shall notify the Architect and the Contractor of his objection, and the Architect shall direct the Contractor to modify or remedy such work to meet the requirements of the Owner's Representative. Should the Contractor object to any decision or given direction which, in his opinion, is not in accordance with the meaning and intent of this Contract, the Contractor 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 question 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 directions of the Architect as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted through arbitration, as hereinafter provided. - 6 - The Owner's reasonable time wner s Representative shall, within a re s , render and deliver to both the Architect and the Contractor a written decision on all written objections filed by the Con- tractor. Should the Owner's Representative fail to make such a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against -the Contractor. �- r 16. SUPERINTENDENCE AND INSPECTIONS It is agreed by the Contractor that the Owner's Represen- tative 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 performed or being performed under this Agreement, and to see that said materials are fur- nished and the work is done in accordance with the specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or r inspectors for the proper inspection and examination of the work. 17. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and.all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner, Owner's Representatives or Architect will not be responsible for the acts or omissions of the Contractor or any of his agents or employees or any other persons performing any of the work. The Contractor shall be responsible to the Owner for the acts and omissions of his employees, subcontractors and their agents and employees and other persons performing any of the work under a contract with the Contractor. 18. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and i� location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to r and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the - 7 - 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 affect or modify any of the terms or obligations herein contained. 19. CHARACTER OF WORKERS To do the work required by this Contract, the Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required by the said Con- tract, and,he further agrees that whenever the Owner's Represen- tative shall inform him in writing that any worker or workers doing the work are, in his opinion, incompetent, unfaithful or disorderly, such worker or workers shall be discharged from the work and shall not again be employed to do.the work without written consent of the Owner's Representative. 20. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary for the prosecution and com- pletion of this Contract where it is not otherwise specifically provided that the Owner shall furnish same, and it is also understood that the Owner shall not be held responsible for the care, preservation, conservation or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of workers 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 structures shall at all times be main- tained in a manner satisfactory to the Owner's Representative. 21. SANITATION Necessary sanitary conveniences for the use of laborers on the.work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by a subordinate super- visor appointed by the Owner's Representative. The Contractor shall strictly enforce the use of such facilities. 22. OBSERVATION AND TESTING The Owner's Representative or the Architect shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observations and tests which may be contemplated by Owner's Representative or Architect and shall give ample notice as to the time each part of the work will be ready for such observations and tests. Owner's Representative or - 8 - f Architect may reject anywork found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such G errors, and regardless of whether either Owner's Representative or Architect has previously accepted the work through oversight �- or otherwise. If any work which is required to be inspected, tested or approved, is covered up without written approval or s consent of the Owner's Representative or Architect, it must, if requested by the Owner's Representative or Architect, be un- covered for observation and testing at the 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's Representative or Architect to make observations of such work or require testing of said work, then in such event, Owner's Repre- sentative or Architect may require Contractor to furnish Owner's Representative or Architect certificates of inspection, testing or approval made by persons competent to perform such tasks at 17 the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as maybe required by law or the Contract Documents. If any work which is required to be inspected, tested or approved, is covered up without written approval or consent of the Owner's Reprsentative or Architect, it must, if requested by the Owner's Representative or Architect, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner's Representative or Architect, nor inspections, tests or approvals made by Owner's Representative or Architect or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the Contract Docu- ments. 23. DEFECTS AND THEIR REMEDIES It is agreed that if the work or any part thereof or ` any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner's Repre- sentative or Architect as unsuitable or not in conformity with w; plans, specifications and Contract Documents, the Contractor shall, after receipt of written notice thereof from the Owner's r Representative or Architect, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this Contract. It is further agreed that any remedial action contemplated as hereinabove set forth sha.11 be at the Contractor's expense. The Contractor shall promptly correct any work rejected by the Owner's Representative or Architect as defective or as failing to conform to the Contract Documents,' whether observed before or after substantial completion and whether.or not fabricated, installed or completed, and shall correct any work found to be defective or nonconforming within a period of one- year from the date of substantial completion of the Contract, or within such longer period of time as may be prescribed by law or — by the terms of any applicable special warranty required by the Contract Documents. The provisions of this Section apply to work done by subcontractors as well as to work done by direct em- ployees of the Contractor. The Contractor shall bear all costs of correcting such rejected work, including compensation for the Architect's additional services made necessary thereby. If the Contractor fails to correct defective work as required, or persistently fails to carry out the work in accor- dance with the Contract Documents, the Owner's Representative, by a written order signed personally or, by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the work', or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents, and fails within seven days after receipt of written notice from the Owner's Representa- tive or other agent to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice, and without prejudice to any other remedy he may have, make good such deficiencies. In such case, an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contrac- tor shall pay the difference to the Owner. If, within one year after the date of substantial completion of the work or designated portion thereof, or within one year after acceptance by the Owner of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the - 10 - t i Owner to do so unless the Owner has previously given the Con- tractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the defect. 24. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this Contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, r such increase shall be paid according to the quantity actually done and at the unit price established for such work under this Contract; otherwise, such additional work shall be paid for as provided under extra work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned. 25. EXTRA WORK The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or Contract Documents and not covered by the 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 Architect when presented with a written work order signed by the Owner's Representative, subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (150) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and labor- ers, and 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's Repre- sentative or Architect, or by them agreed to. Owner's Represen- tative 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 Represen- tative or Architect may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon or specified, the prices for the use of machinery and equipment shall be determined by using 100o, 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 (150) of the actual field cost to be paid to the Con- tractor shall cover and compensate him for his profit, overhead, general superintendence, and field office expense,and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such extra work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by the Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra I ork for which he should receive compensation'or an adjustment in the construction time, he shall make a written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making a written request for a written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under - 12 - t Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as herein below f provided. 26. 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 price 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 the Architect. If the Contractor finds any discrepancies or omissions in these plans, specifications or Contract Documents, he should notify the Architect and obtain a clarification before the bids are received, and if no such request is received by the Architect prior to the opening of bids, then it shall be consi- dered 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 specifi- cations. It is further understood that any request for clari- fication must be submitted no later than five days prior to the opening of bids. - 27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If, at any time, the methods or equipment used by the Con- tractor are found to be inadequate to secure the quality of work with the rate of progress required under this Contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, t-o such an extent as to give reasonable assurance of compliance with the schedule of progress. 28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shalltake out and procure a policy or policies of Worker's Compensation Insurance with an insurance �i company licensed to transact business in the State of Texas, which policy or policies shall comply with the Worker's Com- pensation 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 i; federal, state or municipal laws or regulations. The Contractor, - 13 - his sureties and insurance carriers shall defend, indemnify end save harmless the Owner, all of its officers, the Architect and their agents and employees from all damages, losses, or expenses and from all suits, actions or claims of any character whatsoever brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in execution and supervision of said Contract, and the project which is the subject matter of this Contract, including the failure of Contractor or any,subcontrac- tor 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, its officers; the Architect or any of their agents or employees, including attorney.'s fees. In any and all claims against the Owner, any officer of the Owner, the Architect or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the indemnification obligation under this Section shall not be limited in any by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Worker's Compensa- tion acts, disability benefit acts or other.employee benefit acts. The obligations of the Contractor under this Section shall not extend to the liability of the Architect, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. The safety precautions taken shall be the sole responsi- bility of the Contractor, in his sole discretion as an Indepen- dent Contractor. Inclusion of this section in the Agreement, as well as any notice which may be given by the Owner, the Owner's Representative or the Architect concerning omission under this section as the work progresses, are intended as reminders to the Contractor of his duty, and shall not be construed as any assumption of duty to supervise safety precautions taken by either the Contractor or any of his subcontractors. 29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS The Contractor shall not commence work under this Contract until he has obtained all insurance as required herein. The Contractor shall provide insurance for the adequate protection of the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Con- tract, whether such operations be by the insured or by anyone .directly or indirectly employed by him and, also, against any of - 14 - the special hazards which may be encountered in the performance of this Contract, as enumerated in the Supplemental General Conditions. The Contractor shall procure and carry, at his sole cost and expense throughout the life of this Contract, insurance protec- tion as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the r- State of Texas and shall cover all operations in connection with this Contract, whether performed by the Contractor or a subcon- tractor, or separate policies shall be provided covering the operation of each subcontractor. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. (A) Worker's Compensation and Employer's Liability Insurance. �- As required by State statute covering all employees employed on a work whether employed by the Contractor or any subcontractor on the job. (8) 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 an additional insured and the amount of such policy shall be as follows: $ 500,000 for bodily injuries, including accidental death, to any one person, but limited to $ 500,000 per occurrence, and $ 100,000 for property damage. The Contractor shall obtain a Contractor's Protective (Contingent) Liability Insurance policy and the amount of a; said policy shall be as follows: In an amount not less than $ 3009000 for bodily injuries, including accidental death, to any one person, but not less than $ 500,000_ per occurrence and in the amount of not less than 3009000 for property damage. Said policy shall 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) j� - 15 - The City is to be named as an additional insured on this policy for this specific job, anda copy of the endorsement doing so is to be attached to the Certificate of Insurance. In addition to the insurance required above, the — Department of Housing and Urban Development requires that all contracts in excess of'$100,000.00 provide Builders Risk _ Insurance (Fire and Extended coverage). Until the project is completed and accepted by the Owner, said Owner or Contractor (at the Owner's option, as indicated in the Supplemental General Conditions, Form HUD-4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor and Subcontractors, as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his i obligation to complete, according to plans and specifica- tions, the project covered by the Contract, and the Con- tractor and his Surety shall be obligated to full perfor- mance of the Contractor's undertaking. (C) Automobile Insurance The Contractor shall procure a Comprehensive Automobile Liability Insurance Policy providing coverage to include all owned and non -owned cars, including Employer's Non -ownership Liability and Hired and Non -owned Vehicles as follows: In an amount not less that $ `250,000 for injuries, .including accidental death, to any one person, but not less than $ 500,000 per occurrence, and in the amount of not less than $ 100,000 for property damage. (D) Proof of Coverage Before work on this Contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval three (3) certificates of insurance covering each insurance policy carried and offered as evidence of compli- ance 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. - 16 - (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certi- ficate. (4) The expiration date of the policy and the limit or -- -limits of liability thereunder'on the date borne by such certificate. (5) A statement that the insurance of the type afforded by .the policy applies to all of the operations of whatever character which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the Contract. F (6) A provision that the policy may be cancelled only by mailing written notice to the named insured at the address shown in the bid specifications, stating when, not less than ten (10) days thereafter, cancellation -of such policy shall be effective. (7) A provision that written notice shall be given to the Owner ten (10) days prior to any change in or cancel- lation of the policies shown on the certificate. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS9 LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AN The Contractor agrees that he will indemnify and save the Owner, its officers, the Architect and their agents and employees harmless from all claims growing out of any demands of subcon- tractors, laborers, workmen, mechanics, materialmen and fur- nishers 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 obliga- tions of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebt- edness shall remain unpaid, withhold from the unpaid portion of this Contract, a sum equal to the amount of such unpaid indebt- edness, or may apply the sum so withheld to discharge any such indebtedness. - 17 - 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these Contract Documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations which in any manner affect 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 Architect and Owner's Representative in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. 33. 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 the time for completion of the work as specified in the Contract are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed." - 18 - The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner that the time for the completion of the work described herein is a reasonable time for the comple- tion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in the locality. If the said Contractor shall 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 a part of the consideration for the awarding of this Contract, to pay to the Owner the amount specified in the Bid Proposal, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain, and T, said amount shall be permanently retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence for each and every portion of this Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where, under the Contract, additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contrac- tor's reasons for the time extension are acceptable to the Owner. Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in comple- tion of the work is due: (a) To any preference, priority or allocation order duly issued by the Government. (b) To any unforeseeable cause beyond the control and �I without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restric- tions, strikes, freight embargoes or severe weather; and (c) To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections (a) or (b) of this section. 'Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant'a further period of time prior to the date of final settlement of the Contract, notify the Owner's Representative, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of the Owner's decision in the matter. TIME AND ORDER OF COMPLETION It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order or precedence,_ and in such manner.as shall be most conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this Contract, the plans and specifications, and within the time of completion designated in the 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 construction work done under this Contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative or Architect, sche- dules which shall show the order in which the Contractor pro- poses to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 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 section 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, the Architect, 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 extension of time,`submitting therewith all written justifica- tions as may be required by the Owner's Representative for such an extension. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by - 20 - i the Contractor, supported by all requested documentation shall then submit such written request to the City Council of,the City of Lubbock for its consideration. Should the Contractor disagree with the action of the City Council, such disagreement shall be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing this 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 hin- drances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be.made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this Contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event such expense, as in the judgment of the Owner's Representative 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, drawings 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 approximations and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this Contract may differ somewhat from these estimates, and that where the basis for payment under this Contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way en- countered and which may be injured or damaged by any process of construction to be undertaken under this Agreement, and he shall be liable for any and all claims for such injury or 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 'I 1 - 21 - G to any injury to any adjacent or growing out of the performance of indemnity shall not apply to any of the existence or character of 39. PRICE FOR WORK adjoining property arising or this Contract, but such claim of any kind arising out the work. _ In consideration of furnishing all necessary labor, equip- ment and material and the completion of all work by the Contrac- tor, and on the delivery of all materials embraced in this `Contract in full conformity with the specifications and stipu- lations herein contained, the Owner agrees'to pay the Contractor the price set forth in�the proposal attached hereto, which has been made apart of this Contract, and the Contractor hereby agrees to receive such price in full for furnishing all labor, equipment and material required for the aforesaid work, and 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, drawings, Contract Documents and requirements of the Architect and the Owner's Representative. 40. CONSTRUCTION SCHEDULE & PERIODIC Es(IMATES Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the Owner's Representative and to the Architect an estimated construction progress schedule in a form satisfac- tory to the Owner's Representative and Architect, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Docu- ments and the anticipated amount of'each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. At least fifteen days before the date for each progress payment established in Section 41 of these General Conditions, the Contractor shall submit to the Architect an itemized Appli- cation -for Payment, notarized if -required, supported by such data substantiating the Contractor's right to payment as the Owner or the Architect may require, and reflecting retainage, if any, as provided elsewhere in the Contract Documents. Unless otherwise provided in the Contract Documents, payments will be made on account of materials or equipment not incorporated in the work but delivered and suitably stored at the site. - 22 - The Contractor warrants that title to all work, materials and equipment covered by an application for payment will pass to the Owner either by incorporation in the construction.or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or — encumbrances, hereinafter referred to as "liens", and that no work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing work at the site or furnishing materials and equipment for the project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. t The Architect will, within seven days after the receipt of p,, the Contractor's Application for Payment, either issue a Certi- ficate for Payment to the Owner, with a copy to the Contractor, for such amount as the Architect determines is properly due, or E notify the Contractor in writing of his reasons for withholding a ` Certificate. The issuance of a Certificate for Payment will constitute a representation by the- Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work for conformance with the Contract Documents upon Substantial Comple- tion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment in the amount certified. However, by issuing a Certificate for Payment, the Architect shall not thereby bedeemed to represent that he has made exhaus- tive or continuous on -site inspections to check the quality or quantity of the work, or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Sum. 41. PAYMENTS TO CONTRACTOR After the Architect has issued a Certificate for Payment, and not later than the 25th day of each calendar month, the Owner • shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract, the Owner shall retain five percent (5A) of the amount of each estimate until final completion and acceptance of all work covered by this Contract: - 23 - Provided, that the Contractor shall submit his estimate not later than the first day of the month; Provided, further, that the _ ,Owner at any time after fifty percent 50%) of the work has been completed,�if it finds that satisfactory progress is being made, may make any of the remaining progress payments in full; Pro- vided, further, that on completion and acceptance of each separate building, public work or other division of the Con- tract, on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made, or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all the terms of the Contract. Owner's Right To Withhold Certain Amounts and Make Applica- tion Thereof: The'Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, mate- .rialmen and furnishers of machinery and parts thereof, equip - power tools and all supplies, including commissary, incurred in the furtherance of the performance of the Contract. The Contractor shall, at the Owner's request, furnish satisfac- tory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either directly pay unpaid bills of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to. impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner.to_the Contractor, and the .Owner shall not be liable to the Contractor for any such payments made in good faith. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the project by the Owner, shall constitute an acceptance of any work not in accordance with the Contract Documents. - 24 - r The Contractor shall promptly pay each subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such subcontractor's work, the amount to which said subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of such subcontractor's work. The Contractor shall, by an appropriate agreement with each subcontractor, require each subcontractor to make payments to his sub -subcontractors in similar manner. 42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The Contractor and each subcontractor shall prepare their payrolls on forms satisfactory to and in accordance with in- structions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public .. Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies �. of payrolls of all subcontractors. Each such payroll shall contain the "weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years there- after. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classifica- tion, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon -Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make their employment records with respect to persons employed by them upon the work covered by this Contract available for inspection by authorized �.• representatives of the Secretary of Housing and Urban Develop- ment, the Local Public Agency or Public Body and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. - 25 - 43. MINIMUM WAGES (See Exhibit B: In excess of $29000) All laborers and mechanics employed upon the work ;covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction -or rebate on any account (except such payroll deductions as are made mandatory by law.and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is included in Exhibit 8) regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer"provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)(2) of the Davis -Bacon Act on behalf.of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds or programs, but covering the particular weekly period, are deemed to be con- structively made or incurred during such weekly period. 44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be, employed upon the work covered by this Contract, and a statement showing all deductions, if any, in,accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed onto be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 45. EMPLOYMENT OF LABORERS OR MECHANIC WAGE DETERMINATION DECISIONS NOT LISTED IN AFORESAID Any class of laborers or mechanics which,is not listed in the wage determination decisions and which is to be employed under the Contract will be classified or reclassified conform- ably to ,the wage determination by the. Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, 26 - i United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassi- fication of a particular class of laborers and mechanics to be used, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transportation of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the Projector Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 47. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body, in addition to such other _ rights as may be afforded it under this Contract, shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due, or on their behalf to plans, funds or programs for any type of'fringe benefit prescribed in the applicable determination. 48. ANTICIPATED COSTS OF FRINGE BENEFITS R, If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably antici- pated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decisions of the Secretary of Labor, which are apart of this Contract: Provided, the Secretary of Labor has found, upon the written request of the ,.. Contractor, that the applicable standards of the Davis -Bacon Act GI' have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for meeting the obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits - 27 - being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first'payroll filed by the _ Contractor subsequent to receipt of the findings. .....4.9...»tRIMGE..BE NEF.ITS..XOT ..£XPRESS.ED...AS ..HOURLY _WALE RATES The Local Public Agency or Public Body shall require, whenever the minimum rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as.an_hourly wage rate, and the Contractor is obligated to pay the cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. 50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 STAT. 357-360: TITLE 40 U.S.C., SECTIONS 327-332 (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which they are employed on such work to work in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times their basic rate of.pay for all hours worked in excess of 40 hours in such work week. (b) Violation: Liability for unpaid wages and.liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this Section, the Contractor and any subcon- tractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in paragraph (a) in thesumof $10 for each calendar day on which such employee was required or permitted to .work in excess of the standard work week of 40 hours without payment of the overtime wages `required by the clause set forth in paragraph (a). (c) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be withheld from any moneys payable on account of work,performed by the Contractor or any subcontractor such sums as may administratively be - 28 - F" i determined'to be necessary to satisfy any liabilities of such r" Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b) of this Section. f" (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b) and (c) of this Section and also a clause requiring the subcon- tractors to include these clauses in any lower tier subcontract which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. r., 51. EMPLOYMENT OF APPRENTICES/TRAINEES (a) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprentice- ship program registered with the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate who is not a trainee as defined in paragraph (b) of this Section, or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The Contractor or subcontractor will be required to furnish to the contracting officer, or a representative of the Wage -Hour Division of the U.S. Department of Labor, written evidence of the registration of d, his program and apprentices, as well as the appropriate ratios and wage rates (expressed in percentages of the journeymen hourly rates), for the area of construction prior to using any appren- tice on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) Trainees. Except as provided in 29 CFR 5.150 trainees, will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower Administration, Bureau of Appren- ticeship and Training. The ratio of trainees to.journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program • for his level of progress. Any employee listed on the payroll at - 29 - a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less then the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The Contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the U.S.'Department of Labor written evidence�of the certification of his program, the registration of the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the appli- cable predetermined rate for the work performed until an accept- able program is approved. (c) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" The 'Contractor shall comply with the applicable regulations (See Exhibit A, attached and herein incorpo- rated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kick- back Act" of June 13, 1934 (46 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967; 62 Stat. 740: Title 18 U.S.C., Section 874 and Title 40 U.S.C., Section 276c) and any amendments or modi- fications thereof, and shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances and exemptions from the requirements thereof. 54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract,are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable to his employer under this Contract. - 30 - r j 4- 55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to clas- sifications of laborers and mechanics employed upon tFie work covered by this Contract shall be promptly reported by the Contractor; in writing, to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti - Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts or (e) the labbr standards pro- visions of any other pertinent Federal statute, shall be re- ferred, through the Local Public Agency or Public Body and the Secretary of Housing,and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation, which shall be authori- tative and may be relied upon for the purposes of this Contract. 57. FINAL COMPLETION AND ACCEPTANCE When the Contractor considers that the work, or a designated portion thereof which is acceptable to the Owner, is substan- tially complete as defined, the Contractor shall prepare for submission to the Architect a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all ,i work in accordance with the Contract Documents. �. Within thirty-one (31) days after the Contractor has given the Architect written notice that the work has been completed or substantially completed, the Architect and the Owner's Represen- tative shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Architect will then prepare a Certificate of Substantial Completion, which shall establish the Date of Substantial Completion, and shall fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract Documents shall commence on �- the Date of Substantial Completion of the Work or designated portion thereof, unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Comple- tion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. - 31 - Upon Substantial Completion.of the Work or designated portion thereof, and upon application by the Contractor and certification by the Architect, the Owner shall within ten 0 0) days issue a certificate of acceptance of the work to the Contractor. °-- 58. FINAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance, and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when he finds the work acceptable under the Contract Documents, and the Contract fully performed, he will prepare a Final Statement of the value of all work performed and materials furnished under the terms of the Agreement and promptly issue a finalCertificatefor Payment, stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the work has been completed in accordance with the terms and conditions of the Contract Docu- ments, and that the entire balance found due the Contractor and noted in said final Certificate, is due and payable. The Architect's final Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor's being entitled to final payment, as set forth, have been fulfilled. Upon receipt of the Architect's Certificate of Completion, the Owner's Representative shall, if such Certificate is satis- factory, submit same to the Owner, who shall pay to the Contrac- tor on or before the 31st day after the date of the 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 said Agreement; 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 requiredinthe special conditions (if any) of this Contract or in the specifications made a part of this Contract. 59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK The Contractor shall promptly remove from the Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the Contract, whether actually incorporated in the work or not, and the Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the Contract. The Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If the Contractor does not remove and replace any such condemned - 32 r E: 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. 60. 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 result- ing therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 61. PAYMENT WITHHELD The Architect may decline to certify payment, and may r, withhold his Certificate in whole or in part, to the extent reasonably necessary to protect the Owner if, in his opinion, he is unable to make representations to the Owner as provided. If the Architect is unable to make representations to the Owner as provided, and to certify payment in the amount of the Applica- tion, he will notify the Contractor. If the Contract or the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such representations to the Owner. The Architect may also decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment 9 o previously issued, or the Owner may withhold or nullify the whole or part of any Certificate of Payment, to such extent as may be necessary to protect the Owner from loss because of: 1. defective work not remedied, 2. third party claims filed or reasonable evidence indicating probable filing of such claims, 3. failure of the Contractor to make payments properly to subcontractors, or for labor, materials or equipment, 4. reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum, .- 5. damage to the Owner or another contractor, 6. reasonable evidence that the work will not be completed within the Contract time, is 7. persistent failure to carry out the work in accordance with the Contract Documents, or 33 - 8. failure to comply withcontractual obligations to meet all federal requirements concerning labor standards. 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 the above grounds. 62. DELAYED PAYMENT If within seven days after receipt of the Contractor's Application-for,Payment,.the Architect does not issue a Certi- ficate -for Payment or notify the Contractor that he is unable to 'make representations to the Owner, as provided in Section 40 herein, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents any amount certified by the Architect or awarded by arbitration, or any sum due to the Contractor which is not in dispute, then the Owner shall pay the Contractor, in addition to the sums shown as due by such statement or Certificate, interest thereon at the rate of zero percent per annum, unless otherwise specified, from the date due,,as provided under partial payments and final payments heretofore set forth in this Contract, until such sums are fully paid, which shall fully liquidate any injury to the Contractor growing,out of such delay in payment. 63. 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 Architect has given any directions, orders or instructions to which the Contractor desires to take exception. The Owner's Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. Incase 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 the Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar`to any claim by either party, except where noted otherwise in the Contract Documents. 64. 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 select a third arbiter within ten (10) days, he shall be chosen by the District Judge, 72nd District of Texas. Each 34 - 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 decision 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 shall appoint such arbiter. Should either 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 shall 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 arbiters, and it is hereby agreed that each party shall have the right of appeal, and all proceedings shall be according to and governed by the Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON- DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are autho- rized to award the party whose contention is sustained 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 arbiters 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 writing and shall not be open to objection on account of the form of proceedings or award. b5. 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's Representative or Architect, or if the Contractor fails to comply with the orders of the Architect, when such orders are consistent with this Contract, 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 r' 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 t, shall be allowed as provided for under Section 25 of this r - 35 - Contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the,work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, mate- rials'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 become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this Contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum would have been payable under this Contract, if the,same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required bylaw, at least twice in a newspaper having a general circulation in the county where the work is located, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this Contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion end acceptance, as provided in Section 57 hereinabove set forth, shall be issued. A complete itemized statement of the Contract accounts, cer,tified by the Owner's Representative as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereon the Contractor or his Surety or the Owner, as the case may be, shall pay the balance due, as reflected by said statement, within sixty days after the date of certificate of completion. - 36 - ` In the event the statement of accounts shows that the cost to complete the work is less than that which would have r, r 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 7 be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. r, Should the cost to complete the work exceed the contract I price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials r or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety r- at the respective addresses designated in this Contract; { provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other ,., giving of such notice, such property shall be held at the risk of the Contractor and his Surety, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release to the proper owners any machinery, equipment, tools, materials or supplies which remain on the job site and belong to persons other than the Contractor of his Surety. 1� f 66. 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 equip- ment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Architect 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 attached proposal, the value of all partially completed work at a fair and equitable price, i' and the amount of all Extra Mork 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 E Contractor to carry the whole work to completion, and which cannot be utilized. The Architect shall then make a final statement of the balance due the Contractor by deducting from the r above estimate all previous payments by the Owner and all other {; sums that may be retained by the Owner under the terms of this r� 1 - 37 Agreement, and shall certify,same to the Owner's Representative. If the Owner's Representative finds the statement to be satis- factory, he shall submit,it to the Owner, who shall pay to the Contractor on or,before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor under the terms of this Agree- ment. 67. 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 circum- stances and the prosecution of the same, or from unusual obstruc- tions 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. 68. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor, with full, complete and exclusive power and authority to direct, supervise and control his own employees and to determine the method for performance of the work covered by this Contract. The fact that the Owner's Representative or Architect shall have the right to observe Contractor's work during its performance and to carryout the other prerogatives which are expressly reserved to and vested in the Owner, Owner's Representative or Architect hereunder, is not intended to and shall not at any time change or affect the status of the Ccntractor as an independent contractor with respect to the Owner, Owner's Representative, Architect or the Contractor's own employees, or to any other person, firm or corporation. 69. CLEANING UP The Contractor shal•1 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 broom clean or its equivalent. The work shall be left in good order and condition. In case of dispute, the Owner may remove the"debris and charge the cost to the Contractor. 70. CONTRACTOR'S RIGHT TO TERMINATE The Contractor shall have the right to terminate the Contract at any time when circumstances beyond the Contractor's control occur, thru no fault of the Contractor, which prohibit -the completion of the Agreement as contemplated by the parties at the time of execution. Should the Contractor choose to terminate this Agreement, he shall accrue no rights to full -payment hereunder and shall receive only a pro rats payment for work actually performed, the amount of such payment to be assessed by 38 - r the Owner. Should the Contractor choose not to terminate, even r though cause exists under this provision, liquidated damages as set forth herein shall in no way be affected. 71. RIGHT OF THE OWNER TO TERMINATE CONTRACT In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of the Owner's intention to terminate the Contract, such notices to contain the reasons for such intention, and unless within ten .. (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any '^ such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract: Provided, however, that if the Surety does not commence performance thereof within then (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work r such materials, appliance and plant as may be on the site of the i work and necessary therefor. 72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal j Labor Standards Provisions may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of ,�. Labor. A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6. 73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 74. OTHER PROHIBITED INTERESTS No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, - 39 - or to take part in negotiating, making, accepting or approving _ any architectural, engineering, inspection,'construction or material supply contract or any subcontract in connection with the construction of the project shall become directly or in- directly interested personally in this Contractor in any part hereof. No officer, employee, architect, attorney,,engineer or inspector of or for the Owner who is authorized in -such capacity and on behalf of the Owner to exercise any legislative, execu- tive, supervisory or other similar functions in connection with the construction of the project shall become directly or indi- rectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project.. 75. SPECIAL EQUAL OPPORTUNITY PROVISIONS As Activities and Contracts Not Subject to Executive Order 11246, as Amended. (Applicable to Federally assisted construction con- tracts and related subcontracts under $10,000) During the performance of this Contract, the Contractor agrees as follows: (1) The 'Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor,shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employ- ment, without regard to their race, color, religion, sex or national origin. Such action shallinclude, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensa- tion;'and selection .for training, including apprenticeship. (2) The Contractorshall post in conspicuous places, available"to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive.consideration for employment without regard to race, color, religion, sex or national origin., (3) The Contractor shall incorporate the foregoing requirements in all subcontracts. B. Contracts Subject to Executive Order 11246, as Amended. (Applicable to Federally assisted construction contracts and related subcontracts exceeding $10,000) - 40 - i" i { During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employ- ment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,'including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representative of the Contractor's commitment under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of ,�. Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, t,. 1965, and the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascer- tain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or with any of such rules, regulations or orders, this Contract may r be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of - 41 - September 24,`1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by laws. (7) The Contractor will include the portion of the sentence immediately preceding paragraph B(1) of .this Section, and the provisions of paragraphs .(1) through (7) which follow, in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as the,Department may direct as a means of enforcing such provisions,including sanctions for noncom- pliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor. as a result of such direction by the Department, the Contractor may request the United States to enter such litigation to protect the interest of the United States. C. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: (Applicable to Federally assisted construction con- tracts and related subcontracts exceeding $10,000) During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor agrees'to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 170(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any -applicable rules and orders of HUD issued thereunder. (2) The "Section 3" set forth in 24 CFR 135.20(b) shall form part of this Contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents." (3) Contractors shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all subcontracts.: Section 3 Clause as set forth in 24 CFR 135.20(b) A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1966, as amended, 12 U.S.C. 1701u. Section 3 requires that to the 42 - ' OR IM greatest extent'feasble opportunities for training and employment be given lower income residents of the project �►^ area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area ,. of the project. B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development and set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder, prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to a subcontract upon a finding that a Subcontrac- tor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20 (b). The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR 135.20 (b), and will not let any subcontract unless the subcontractor has first provided said Contractor with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20(b), and all appli- cable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, r I and to such sanctions as are specified by 24 CFR 135.20(b). F - 43 - 76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS {Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000) Compliance with Air and Water Acts During the performance of this Contract, the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., and the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the:Environmental Protection Agency with respect thereto, at 40 CFR Part 159 as amended. In addition to the foregoing requirements, all non- exempt contractors and subcontractors shall furnish to the Owner the following: (1) A stipulation by the Contractor or subcon- tractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) An agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal,Water Pollution.Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there- under. (3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contracts, is under consideration to be listed on the EPA List of Violating Facilities. (4) An agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraphs (1) through (4) of this Section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. - 44 - . 77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND ACCIDENT PREVENTION A. Lead -Based Paint Hazards (Applicable to contracts and related subcontracts for construction or rehabilitation of residential structures exceeding $100,000) The construction or rehabilitation of residential structures is subject to the HUD Lead -Based Paint regula- tions, 24 CFR Part 35. The Contractor and subcontractors shall comply with the provisions for the elimination of lead -based paint hazards under sub -part B of said regula- tions. The Owner will be responsible for the inspections and certifications required under Section 35.14(f) thereof. B. Use of Explosives The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and Federal laws in purchasing and handling explosives. The Contractor shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The Contractor shall notify all owners of public utility property of his intention to use explosives at least eight hours before blasting is done close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be caused by such use. C. Danger Signals and Safety Devices �*- The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and r' charge the cost of this work to the Contractor. Such action e by the Owner does not relieve the Contractor of any liabi- lity incurred under these specifications or Contract. 7"'. - 45 - 78. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504 The Contractor shall not discriminate against any otherwise ^ qualified handicapped employee or applicant for employment solely by reason of his handicap. The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as amended (129 U.S.C.A. §794). - 46 - EXHIBITS A. COPELAND ANTI -KICKBACK REGULATIONS B. CURRENT WAGE DETERMINATIONS r I EXHIBIT F ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI-KICKPACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 189 U.S.C., Section 874 (Replaces Section 1 of the Act of June 13, 1934 (46 Stat. 9489 40 U.S.C., Sec. 276b) pursuant to the Act of June 25, 19489 62 Stat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES. r Whoever, by force, intimidation, or threat of procuring jt dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, r„ completion or repair of any public building, public work, or 1 building or work financed in whole or in part by loans or grants . from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall r' be fined not more than $5,000 or imprisoned not more than five years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Sec. 276c) The Secretary of Labor shall make reasonable regulations for r contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, , public _ works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. ---XXX--- Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are a follows: TITLE 29 - LABOR Subtitle A - Office of the Secretary of Labor PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES a Section 3.1. Purpose and scope. This part prescribes "anti -kickback" regulations under Section 2 of the .Act of June 13, ,1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to _ any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings,'public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is .intended to.aid in the enforcement of the minimum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally -assisted construction that contain similar — minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act'of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards.Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of — those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions. As used in the"regulations in this part: (a) The terms "building" or "work" generally includes construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways,.lighthouses, buoys,,jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting,' excavating, clearing, and landscaping. Unless conducted.in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of,materials, articles, supplies, or equipment '(whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the mate- rials from which they are manufactured or furnished) is not a "building" or "work" within,the meaning of.the regulations in this part. (b) The �� terms conditionsn n , prosecutionn , "completion", or "repair" mean all types of work done ona particular building or work at the site thereof, including, without limitation, alter- ing, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction sub- contractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (c) The terms "public building" or "public work" include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" or receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. r' (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor, a partner or officer of the contractor or sub- contractor, a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. Section 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor engaged in the construction,.prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be = executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who — supervises the payment of wages, and shall be on form WH 34B "Statement of Compliance", or on an identical form on the back of WH 347, "Payroll (For Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing Office. - (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. (29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968 Section 3.4 Submission of weekly statements and the preservation and inspection of�weekly payroll records. (a) Each weekly statement required under Section 3.3 shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or state agency contracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representatives of the Department of Labor. r+ Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: PM (a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. " (b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" r- is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists. (d) Any deductions constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sick- ness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3).no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcon- tractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily autho- rized by the employee. I (f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions orga- nized and operated in accordance with Federal and State credit union statutes. (g)} Any deduction voluntarily authorized by the employee —. for the making of contributions to governmental or quasi - governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor.and representatives of its employees provides for such deductions and,the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of section 3(m)'of the Fair Labor'Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under Section 516.27(a) of this title shall be kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to'the Secretary of Labor for permission to make any deduction not permitted under Section 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly .or indirectly from the deduction either in the form of a commission, dividend, or otherwise; (b) The deduction is not otherwise prohibited by law; (c) The 'deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent;is not a condition either for the obtaining of employment or its continuance, or.(2) provided _ for in a bona fide' collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and (d) The deduction serves the convenience and interest of the employee. l Section 3.7 Applications for the approval of the Secretary of Labor. Any application for the making of payroll deductions under Section 3.6 shall comply with the requirements prescribed in the following paragraphs of this section: (a) The application shall be in writing and shall be addressed to the Secretary of Labor. (b) The application shall identify the contract or con- tracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances. (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of Section 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the C� proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Section 3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere for by this part and which are not found to.be permissible under Section 3.6 are prohibited. Section 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instru- ments payable on demand, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of contract. All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see Section 5.5 (a) of this sub- title. .- r EXHIBIT B WAGE DETERMINATIONS (Obtain from Community Development Office) Subject to Change 10 Days Prior to Bid Opening ' .Mlr.: -`J 1` April 26, 1993 Ms. Sandy Ogletree City of Lubbock PO Box 2000 rLubbock, TX 79457 Dear Ms. Ogletree: U. S. Department of Housing and Urban Deveiopment Fort Worth Office, Region Vi 1600 Throckmorton P.O. Box 2905 Fort Worth, Texas 76113-2905 Subject: HUD Project Number B-92-MC-48-0208 Development of Office Space Lubbock (Lubbock County), TX Enclosed is wage decision number TX93-15/293 (general wage decision), which is applicable to construction of the project cited above. General Wage Decisions have no expiration date; however, they are subject to modification and/or supersedeas action by the U. S. Department of Labor. it is important that each waae decision be verified as current by calling this office at (817) 885-5829 ten (10) days prior to bid opening. Any supersedeas decision or modification announced in the Federal Register ten (10) days prior to bid opening will be applicable to the subject project. If the contract has not been awarded within ninety (90) days after bid opening, any modifications announced prior to award of that contract will be effective. The applicable wage decision must be made a part of the bid documents (if any) or invitations for proposals and every subsequent contract and subcontract for construction work on the project. The wage rates listed shall be the minimum. The enclosed Federal Labor Standards Provisions (HUD-4010) must also be included in all contracts, subcontracts, and any lower -tier subcontracts. The recipient must hold a preconstruction conference with the principal contractor and all available subcontractors prior to the start of construction. The original copy of the prepared Preconstruction Minutes must be retained in your files and a copy submitted to this office. The enclosed poster and wage decision must be posted in a prominent, readily accessible place on the job site. The Start Work Notice must be completed and returned to the address shown on the top of the form. If you need additional information, please feel free to contact Judy Little at (817) 885-5629. Sincerely, /f Ferias E Fe�on Labor Relations Officer Enclosures General Decision Number TX930015/; Superseded General Decision No. TX910015 State: TEXAS Construction Type: Building County(ies): LUBBOCK BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories). (Use current heavy & highway general wage determination for Paving & Utilities Incidental to Building.Construction). Modification Number Publication Date 0 02/19/1993 TX930015 - 1 COUNTY (ies) : t _. LUBBOCK CARP1884A 07/01/1988 r Rates Fringes CARPENTERS 12.50 2.73 r- MILLWRIGHTS ---------------------------------------------------------------- 13.00 2.73 ELECO850A 01/01/1991 Rates Fringes ELECTRICIANS ---------------------------------------------------------------- 13.25 2.50+3.25% PLUM0629A 06/01/1989 Rates Fringes r,. PLUMBERS: Mechanical contracts ` over $150,000 15.00 1.59 Mechanical contracts $150,000 or less ---------------------------------------------------------------- 10.50 1.59 .• SF.TX0669A 04/01/1991 Rates Fringes SPRINKLER FITTERS 18.20 4.65f CSUTX2048A ---------------------------------------------------------------- 03/16/1992 Rates Fringes ACOUSTICAL CEILING AND DRYWALL MECHANICS 10.00 .25 BRICKLAYERS 11.74 GLAZIERS LABORERS 9.50 5.95 LATHERS 11.17 MASON TENDERS 6.25 PAINTERS 10.50 I: PLASTERERS 11.17 POWER EQUIPMENT OPERATORS: �- Backhoe 10.50 .42 ROOFERS 9.71 SHEET METAL WORKERS (Including duct work) 8.80 7 ------------------------------------------------------ -_69 --------- .,. WELDERS - Receive rate prescribed for the craft performing operation to which welding is incidental. �-' ---------------------------------------------------------------- �., Unlisted classifications needed for work not included within the 4, scope of the classifications listed may be added after award only �-- �'"': TX930015 2 as provided in the labor standards contract clauses (29 CFR 5.5(a) 1(ii)). END OF GENERAL DECISION r� Feaeral Labor Standards Provisions U.S. Department of Housing and Urban Development it Applicability The Protect or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to me provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or work- ing upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the protect). will be paid unconditionally and not less often than once a week. and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 31. the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b►f2) of the Davis -Bacon Act on behaff of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR3.5(a)(/ Kiv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(ax4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classifica- tion for the time actually worked therein: Provided, That the employer's pay- roll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a}(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the con- tractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers (61) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met * (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The Classification is utilized in the area by the construction industry, and (3) The proposed wage rate, including any bona fide fringe bene- fits, bears a reasonable relationship to the wage rates contained in the wage determination. 9 (b) 11 the contractor and the laborers and mechanics to be employed in the classification (it known), or their representatives. and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee tq the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authonzed representative. will approve, modify, or disapprove every additional classifi- cation action within 30 days of receipt and so advise HUD or its designee or will nobly HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives. and HUD or its designee do not agree on the proposed classification and wage rate (including the amount desiqnated for fringe benefits, where appropriate), *Amend by Revision and adding/ see page 3 HUD or its designee shelf refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized repre- sentative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Man- agement and Budget under OMB Control Number 1215-0140.) • (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1xb) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this con- tract from the first day on which work is performed in the classification. (W) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a hinge benefit which is not expressed as an hourly rate, tN! contractor shall erther pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (N) If the contractor does not make payments to a trustee or other third person. Cie contractor may consider as part of the wages of any laborer or mechanic the amount of any casts reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic..including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract HUD or its devg- nee may, after written notice to Cie contractor, sponsor, applicant or owner. take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, (iis- burse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom they are due. The Comp- troller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. 0) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937. or under the: Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security numtoer of each such worker, his or her cor- rect classification, hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis- b con Act). daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secreary of Labor has found under 29 CFR 5.5 (a►{1 piv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section I (bg2l(B) of the Davis -Bacon Act the contractor shalt maintain records which show that the commitment to provide such Previous Edition is Obsolete HUD-4010 (2.841 (HB 1344.1) 7• C6ntracle termination; debarment. A breach of the contract clauses in 29 CFR 5 5 may be grounds for termination of the contract and for debar- ment as a contractor and a subcontractor as provided in 29 CFR 5.12, S. Compliance with Davis -Bacon and Related Act Requirements. All rul- ings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1. 3. and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be sublet: to the general disputes clause of this contract. Such disputes shall be 'esolved in accor- dance with the procedures of the Department o1 Labor set forth in 29 CFR Parts 5.6. and 7. Disputes within the meaning of this clause include dis- putes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the con- tractor cendies that neither it (nor he or She) nor any person Or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici- pate in HUD programs pursuant to 24 CFR Part 24. pf) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)ft) or to be awarded HUD contracts or participate to HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code. 18 US.C. 1001. Additionally, U.S. Crimnal Code, Section 1010. Title 18. U.S C.. •'Federal Housing Administration transactions", pro- vides in part. 'Whoever, for the purpose of...influencing in any way the action of such Administration... makes, unees or publishes any statement knowing the same to be false... shall be fined not more than S5.000 or imprisoned not more than two years. or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage. salary. or other labor standards provisions Of this Contract are applicable shall be discharged or to any other manner discriminated against by the Contractor or any subcontractor because such employee has Bled any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relavng to the labor standards applicable under this Contract to his emotoyer. B Contract Work Hours and Safety Standards Act. As used in this para- graph, the terms "laborers and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any pan of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed On such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives com- pensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours to any calendar day or tr excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the �. event of any violation of the clause set forth to subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shal be liable for the unpaid wages. In addition, such contractor and subcon- tractor shall be liable t0 the United States (in the case of work done under _ contract for the District of Columbia or a territory, to such District or to sus territory), for liquidated damages. Such liquidated damages shall be com- puted with respect to each mdividuall laborer or mechanic, including watchmen and guards, employed in violation of the clause set form in sub:. — paragraph (1) of this paragraph, in the sum of $10 for each calendar day o which such individual was required or permitted to work in excess of etgh• hours or in excess of the standard workweek of forty hours without pay- ment of the overtime wages required by the clause set forth in subpara- _ graph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or it designee shall upon its own action or upon written request of an autho- rized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally -assisted con- tract subject to the Contract Work Hours and Safety Standards Act which_ is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert to any " subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontrac` for with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety , (1) No laborer or mechanic shall be required to work in surrounding:" or under working conditions which are unsanitary, hazardous, or danger- ous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Cot tract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96) (3) The Contractor shall include the provisions of this Article in every -- subcontract so that such provisions will be binding on each subcontracts The Contractor shall take such action with respect to any subcontract as - the Secretary of Housing and Urban Development or the Secretary of Labr shall direct as a means of enforcing such provisions. *!!mended by revision and adding! (2/92) (1) Except with respect to helpers as defined in 29 CFR S.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determinations and (4) with respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (4)(iv) Helpers. Helpers will be permitted to work on a project if the helper classification is specified on an applicable wage determination or is approved pursuant to the conformance procedure set forth in 5.5(a)(1)(ii). The allowable ratio of helpers to journeymen employed by the contractor or subcontractor on the job site shall not be greater than two helpers for every _- three journeymen (in other words, not more than 40 percent of the total number of journeymen and helpers in each contractor's or in each subcontractor's own work employed on the job site). Any worker listed on a payroll at a helper wage rate, who is not a helper as defined in 29 CFR 5.2(n)(4), shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually -performed. In addition, any helper performing work on the job _ site in excess of the ratio permitted shall be paid not leas than the applicable journeyman's (or laborer's, where appropriate) wage rate on the wage determination for the work actually performed. Page 3 of 3 Pages HU04010 (2•B_ Working on Federal or Federally Financed Construction Projects UM You must be paid not less than the wage rate in the schedule posted with this Notice for the WAGM kind of work you perform. OVERTEME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. .100. MW vll Nbllestle" 1321 Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the Contracting Officer listed below or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices In several hundred communities throughout the country. They are listed In the US. Government section of most telephone directories under. U.S. Department of Labor Employment Standards Administration U.S. DeparMwnt of Labor Employnknt SW4&mts Administratlon START WORK NOTICE PLEASE RETURN TO THE FOLLOWING ADDRESS: DHUD, Labor Relations, 6SL P. 0. Box 2905 Fort Worth, TX 76113-2905 This is to notify you that construction has started on the ,following project: HUD PROJECT NUMBER: LOCATION• City/State DATE OF START WORK: NUMBER OF WAGE DECISION TO BE USED: BRIEF DESCRIPTION OF WORK: CONTRACT AWARD DATE: AMOUNT: S BID OPENING DATE: -� (Signature) r (Title) (Teleonone Number) PLEASE SUBMIT TWO (2) COPIES r c SPECIFICATIONS k I: r rA rp I r f f rr k NOTICE OF ACCEPTANCE l f� l i! pow NOTICE OF ACCEPTANCE TO: Name of Bidder Address of Bidder City and State of Bidder The City of Lubbock, having considered the! proposals submitted and opened on the day of , 19 , for work to be done and materials to be furnished in and for• 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, Texas, on,the day of , 19 , at the bid price contained therein, subject to the execution of and furnishing of all Contract Documents, bonds, certificates of insurance and 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 (5%) percent bid security submitted with your proposal will be returned upon the execution of such Contract i 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. CITY OF LUBBOCK Owner's Representative SPECIAL CONDITIONS SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS) SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Procedures. B. Shop Drawings. C. Product Data. D. Manufacturer's Instructions and Certificates. E. Samples. F. Existing Equipment and Materials. G. Written Guarantee. 1.02 RELATED REQUIREMENTS A. Section 01600 - Material and Equipment: Contractor's list of Products. B. Section of 01700 - Contract Closeout. 1.03 PROCEDURES A. Deliver submittals to Architect at address listed under item 10 of Section 00050; Information to Bidders. B. Transmit each item under Architect -accepted form. Identify pertinent Drawing sheet and detail number, and Specification Section number, as appropriate. Identify deviations from Contract Documents. Provide space for Contractor and Architect /Engineer review stamps. C. After Architect review of submittal, revise and resubmit as required, identifying changes made since previous submittal. D. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions. 1.04 SHOP DRAWINGS A. Submit either 2 reproduceable drawings or 4 copies of opaques. 1.05 PRODUCT DATA A. Mark each copy to identify applicable products, models, options, and other data; supplement manufacturers' standard data to provide information unique to the Work. B. Submit the number of copies which Contractor requires, plus two copies which will be retained by Architect. 01300 1 1.06 MANUFACTURER'S INSTRUCTIONS A. When required in individual specification section, submit manufacturer's printed instructions for delivery, storage, assembly, installation start-up, adjusting, and finishing, in quantities specified for product data. 1.07 SAMPLES A. Submit full range of manufacturer's standard colors, textures, and patterns for Architect's selection. Submit samples for selection of finishes within fifteen days after date of Contract. B. Submit samples to illustrate functional characteristics of the product , with integral parts and attachmentdevices. Coordinate submittal of different categories for interfacing work. C. Include identification on each sample, giving full information. D. Submit the number specified in respective specification section; one will be retained by Architect. Reviewed samples which may be used in the Work are indicated in the Specification Section. 1.08 EXISTING EQUIPMENT AND MATERIALS A. Owner shall retain possession of existing equipment or materials that are being replaced with new, unless Contractor is otherwise notified. B. Said material and equipment shall be stored within secured area by Contractor and removed from site by Owner. 1.09 WRITTEN GUARANTEE In addition to the requirement of the General Conditions, the contractor, prior to release of final payment shall submit to the Owner on a form approved by the Owner and the Architect , a written guarantee for materials and equipment for one-year period. (1) Where guarantees for periods beyond one year from the date of final acceptance of the work are required, on your letterhead use the following format: GUARANTEE FOR We hearby guarantee that the (work done) which we have installed on the (Project Name) has been done in accordance with the drawings and specifications, and that the work as installed will fulfill the requirements of the Guarantee included in the Specifications. We agree to repair or replace any or all of our work, together with any other adjacent work which may be displaced by doing so, that may prove to be defective in its workmanship or material within a period of year(s). END OF SECTION 01300 2 SECTION 15100 MECHANICAL GENERAL PART 1 GENERAL 1.01 Every contractor shall be responsible for all his work fitting into place in a ?' satisfactory and neat manner in every particular to the approval of the L . Owner. 1.02 Confer with the General Contractor and other Contractors regarding the location and size of pipes, equipment, fixtures, conduit, ducts, openings, switches, outlets, etc., in order that there be no interferences between the 7 installation or progress of the work of any Contractor on the project. The Architectural Drawings shall take precedence over the Mechanical or Electrical Drawings. 1.03 The Mechanical and Electrical Drawings are diagrammatic and shall be followed as closely as actual construction of the building and the work of other trades will allow. All changes from Drawings necessary to make the work of each Contractor conform to the building construction and the work of other trades shall be done at the appropriate Contractor's expense. 1.04 Should any bidder consider that any requirement of these specifications and drawings will make the effective operation of any portion or the whole installation impossible, he must describe in his bid changes he deems necessary. Failure to do so shall be considered as; an agreement on the part of the bidder to guarantee the effective operation of the installation. 1.05 All equipment shall be installed complete with all necessary fittings, supports, accessories, etc., as necessary for a complete installation, providing the desired function. All equipment shall be installed in accordance with manufacturer's recommended procedure unless specifically stated otherwise. 1.06 Nothing in these specifications or drawings shall be construed as directing any contractor from deviating from any legally binding code or ordinance. PART 2 SUBMITTAL SCHEDULE 2.01 Mechanical submittals shall follow the following format: A. Submittals shall be assembled in plastic 3-ring binder. B. Tabs should be provided for each specification section whether submittals are required for that section or not. Sections which require 15100 r" 1 i no submittals shall have the single page inserted which reads "NO SUBMITTALS REQUIRED". C. Each tab shall display the appropriate specification section number. D. Submittal information shall be organized within each tabbed section in the same order as in specification section. PART 3 UTILITIES 3.01 Contractor shall prior to bid familiarize himself with site conditions; codes and regulations in effect at project location; local utility company policies regarding service connections or adjustments. A. Contractor shall include in his bid fees required for: 1. Permits and Inspection of Local Authorities. 2. Service Connections or Adjustment related to Water, Sewer or Gas services. 3. Meter Installations, Manifold Modifications, ditching and compacted backfill required by Utility Company(ies) but excluded in their policy(ies). 4. Patching and Replacement of finished surfaces affected by utility connections including, but not limited to streets, curbs & gutters, sidewalks, alleys, roads, parking lots, building foundations, and other utilities. 3.02 Contractor's insurance certificate shall indicate current underground liability insurance -Verify Requirement with Owner's Representative. PART 4 OPENINGS AND SLEEVES IN CONSTRUCTION 4.01 Most openings required in wall, floor, roof, ceiling, etc., construction for Mechanical and Electrical Work will be provided by the General Contractor in accordance with information furnished by the Mechanical and Electrical contractors. All sleeves, inserts, forms etc., required for openings shall be furnished by the Contractor requiring the same. The Mechanical and Electrical Contractors shall be responsible for their size, fabrication and location. Installation will be by the General Contractor. Where new work has been installed previous to such request, the General Contractor will do the necessary cutting and patching at the expense of the Mechanical and Electrical Contractor. PART 5 EXCAVATION AND BACKFILLING 5.01 Each contractor shall do all excavation sheathing, bracing, and backfilling required for the installation of any and all parts of his respective work. Each bidder shall visit the premises and determine the work for himself, at his own cost, by actual observation, boring, or other means, the nature of the soil condition. Excavation in solid rock or in ground water conditions shall be done at no increase in contract price. 15100 2 5.02 Piping, conduit, etc.; shaA be bedoed'firmly and continuously on undisturbed earth (or sand or pea gravel where specified or required). {^ Where piping has bells, excavate deeper at same. 5.03 Where the excavation is in rock, ashes, cinders, refuse or other unsuitable materials, make the trench 6" deeper and 12" wider than required for the piping and backfill with approved sand or pea gravel 6" deep. In these areas provide 6" sand or pea gravel backfill around entire perimeter of pipe, conduit, etc. 5.04 Maintain all trenches and excacvations free of standing water. Do not backfill any trench until pressure tests have been completed, the joints and pipe have been found to be water -tight, and the Architect, Plumbing Inspector, etc., have been approved same. Backfill all trenches in 8" layers and compact by tamping and puddling. Backfill material shall not be frozen. 5.05 Backfill for the first 12" over piping, etc. shall be placed by hand and carefully tamped. F 5.06 Use sand or pea gravel fill for trench backfill under floors, parkinglots, walks and drives. Backfill any over -excavation to proper level with sand or pea gravel, throroughly compacted. Where pipe must be laid in backfill of other construction, remove same to undisturbed earth and i- backfill with sand or pea gravel to proper level. 5.07 Surplus earth may be used for backfill in yard areas of project upon approval of owner. No cinders, ashes, wood, large rocks, concrete material not needed for backfill or elsewhere in the site shall be promptly removed from the site by the Contractor. 5.08 Provide adequate barricades, construction signs, torches, red lanterns, guards, etc., as required during the progress of the excavation work. Observe all applicable regulations respecting safety provision, sheathing, barricades, etc. 5.09 Protect utilities, trees, shrubbery, fences, poles, sidewalks, curbs, and all j other property and surface structures from damage. Any items which are disturbed shall be restored by the Contractor at his own expense. 5.10 Whenever excavations are made through streets, lawns, sidewalks, parking areas, curbs or other finished surfaces, replace such surfaces with material to match existing surfaces approved by proper authorities, i ncluding reinforcing steel where required. All cuts shall be neatly done with saws, etc. 5.11 Whenever excavations are made through the existing grassed areas, contractor shall install sod to match existing. 15100 3 5.12 Before beginning excavation work Contractor shall contact utility companies and request that they locate and stake buried piping, wiring, etc. Such piping, wiring, etc. shall be exposed by hand excavation prior to the use of power equipment. PART 6 MECHANICAL -ELECTRICAL COORDINATION 6.01 Unless otherwise specified the Electrical Contractor will furnish and install all conduit, wiring, disconnects, starters, thermal overload heaters, holding coils, remove pushbutton stations, Hand -Off -Auto and multi - speed switches, and pilot lights for all electrically operated mechanical equipment, including final connections leaving items ready for operation. 6.02 Where starters are an integral part of the equipment the Electrical Contractor shall furnish and install all wiring and make all final connections leaving items to the line side of the starter or disconnnect the device. All wiring beyond this point shall be by the mechanical contractor furnishing the motor. 6.03 The Mechanical Contractor shall provide all control devices such as thermostats, pressure sensors, humidistats, etc. associated with the mechanical equipment and shall install those items which due to their method of operation must be connected or integrated into the equipment. Items not attached to mechanical equipment, duct or piping shall be installed by the Electrical Contractor. All wiring for mechanical control shall be provided and installed by the Electrical Contractor, regardless of who installed the device. Control diagrams shall be provided by the Mechanical Contractor. 6.04 Each Contractor shall consult with the Electrical Contractor, before ordering or installing equipment, to coordinate the motor, starter, holding coil, overload, interlocks, etc.'and shall be equally responsible to insure that the equipment installed is of proper size and type. 6.05 After wiring is completed by the Electrical Contractor, each Mechanical Contractor shall inspect the appropriate wiring before motors are operated. If any discrepancies are discovered the Mechanical Contractor shall notify the Owner in writing. The Owner shall arrange to have the changes made as required. After any required changes are complete, the Mechanical Contractor who furnished the motor shall assume complete responsibility for motor protection during the warranty period including initial startup of each motor. PART 7 CONCRETE WORK AND PADS 7.01 All concreting, reinforcing and form work necessary in connection with the construction of pads and the concreting around ducts or raceways shall be provided by the mechanical or electrical contractor, as 15100 4 r appropriate. Refer to Architectural sections for concrete forms, materials, and other requirements. PART 8 MAINTENANCE MANUAL 8.01 Furnish for approval two complete Maintenance Manuals for all materials and equipment. Each manual shall include: Approved shop drawings Wiring diagrams Operating instructions Lubrication instructions Maintenance instructions Parts list Test reports 8.02 Each manual shall be 8 1/2" x 11" and bound in a 3-ring binder. Provide tabbed dividers labeled with the above divisions. PART 9 OWNER INSTRUCTION 9.01 NOT USED PART 10 FINAL INSPECTION r- 10.1 Final inspection will be made only after the Contractor certifies in writing that the work is 100% complete. 10.2 An inspection report describing incomplete/or unacceptable work will be prepared. This will be reviewed with the Contractor at the project site. 10.3 After the incomplete or unacceptable work is 100% corrected the contractor shall so certify in writing to the Owner. PART 11 PROJECT CLOSEOUT 11.1 The following requirements must be fully completed before the final application for payment will be accepted or approved. Final inspection performed and all corrections made. Submittals of: Maintenance manual Equipment warranties Written receipt for all loose items. END OF SECTION 15100 5 l'. SECTION 15600 DUCTWORK & ACCESSORIES PART 1 -GENERAL 1.01 DESCRIPTION OF WORK: A. Types of ductwork required for project include the following: a. Terminal Mixing Box supply system. b. Primary chilled air supply system. B. Ductwork components specified herein include the following: a. Ductwork Materials b. Duct Accessories C. Outlets and Inlets 1.02 QUALITY ASSURANCE A. SMACNA Standards: Comply with SMACNA "Low Pressure Duct Construction Standards for fabrication and installation of low pressure ductwork. B. NFPA Compliance: Comply with ANSI/NFPA 90A "Standard for the Installation of Air Conditioning and Ventilating Systems" and ANSI/NFPA 90B "Standard for the Installation of Warm Air Heating and Air- conditioning Systems". 1.03 SUBMITTALS A. Product Data:. Submit manufacturer's specifications in manufactured products and factory -fabricated ductwork and duct accessories in accordance with Section 01300. B. Shop Drawings: Submit dimensioned layouts of ductwork showing both the accurately scaled ductwork and its relation to space enclosure. Show modifications of indicated requirements, made to conform to local shop practice, and how those modifications ensure that free area, materials and rigidity are not reduced. C. Record Drawing: At project closeout, submit record drawings of installed ductwork, duct accessories and outlets and inlets in accordance with requirements of Division 1. D. Product Data: Submit manufacturer's data on outlets and inlets including the following: a. Schedule of outlets and inlets indicating drawing designation, room location, number furnished, model number, size and accessories. 15600 b. Data sheet for each type of outlet and inlet and accessory r• furnished; indicating construction, finish and mounting detail. C. Performance data for each type of outlet and inlet furnished, including aspiration ability, temperature and velocity traverses, throw and drop, and noise criteria ratings. Indicate selections on data. PART 2 - PRODUCTS 2.01 DUCTWORK MATERIALS A. Exposed Ductwork Materials: Where ductwork is indicated to be exposed to view in occupied spaces, provide materials which are free from visual imperfections including pitting, seam marks, roller marks, oil canning, stains and discolorations and other imperfections, including those which would impair painting. B. Sheet Metal: Except as otherwise indicated, fabricate ductwork from galvanized sheet steel complying with ANSI/ASTM A 527, lockforming quality, with ANSI/ASTM A 525, G90 zinc coating; mill phosphatized for exposed locations. 2.02 MISCELLANEOUS DUCTWORK MATERIALS A. Duct Liner: Fibrous glass, complying with Thermal Insulation r Manufacturers Association (TIMA) AHC-101; of 1" (one inch) thickness. I B. Duct Liner Adhesive: Comply with Adhesive and Sealant Council, Inc. (ASC) ASC-A-7001. C. Duct Liner Fasteners: Comply with SMACNA MF-I. D. Duct Sealant: Non -hardening, non -migrating mastic or liquid elastic sealant (type applicable for fabrication/installation detail) as compounded and recommended by manufacturer specifically for sealing joints and seams in ductwork. E. Ductwork Support Materials: Except as otherwise indicated, provide hot - dipped galvanized steel fasteners, anchors, rods, straps, trim and angles for support of ductwork. 2.03 DUCTWORK FABRICATION A. Shop fabricate ductwork in 4, 8, 10 or 12-foot lengths, unless otherwise indicated or required to complete runs. B. Shop fabricate ductwork of gages and reinforcement complying with SMACNA "Low Pressure Duct Standards -Latest Edition". C. Fabricate duct fittings to match adjoining ducts, and to comply with duct requirements as applicable to fittings. Limit angular tapers to 30 deg. for contracting tapers and 20 deg. for expanding tapers. Make square elbows having 4 gores(90 deg.) or 2 gores (45 deg.) as appropriate. D. Fabricate duct fittings with applied sealant to provide a totally air tight duct system. 2.04 DUCT SYSTEM APPLICATIONS: A. Provide the following type duct system for each specific duct system: 1. Primary Chilled Air Ducts: Spiral galvanized steel duct -match -- existing. 2. Terminal Mixing Box Supply Ducts: Lined galvanized steel trunk ducts. 2.05 DUCT ACCESSORIES: A. Low Pressure Manual Dampers: Provide dampers of single blade type or multiblade type, constructed in accordance with SMACNA "Low Pressure Duct Standards". B. Fabricated Turning Vanes: Provide fabricated turning vanes and vane runners, constructed in accordance with SMACNA "Low Pressure Duct Standards". C. Manufactured Turning Vanes: Provide turning vanes constructed of 1- 1/2" wide curved blades set at 3/4" o.c., and set into side strips suitable for mounting in ductwork. D. Duct Hardware: Provide duct hardware, manufactured by 1 manufacturer for all items in project, for the following: a. Quadrant Locks: Provide for each damper, quadrant lock devices on one end of shaft; and end bearing plate on other end for damper lengths over 12". Provide extended quadrant locks and extended bearing plates for externally insulated ductwork. Interface installation of duct accessories properly with other work. 2.06 AIR DISTRIBUTION DEVICES A. General: Provide manufacturer's standard ceiling air diffusers where shown; of size, shape capacity and type indicated; constructed of materials and components as indicated, and as required for complete installation. 15�00 r B. Ceiling Compatability: Provide diffusers with border styles that are compatible with adjacent ceiling systems, and that are specifically manufactured to fit into ceiling module with accurate fit and adequate support. Refer to general construction drawings and specifications for types of ceiling systems which will contain each type of ceiling air r diffuser. C. Types: Provide ceiling diffusers of type, capacity and with accessories and finishes as listed on diffuser schedule. The following requirements shall apply unless noted otherwise. D. Diffuser Faces: Provide square housing, core of square concentric louvers, square or round duct connection, or match existing. E. Return Air Grilles: Through lay -in troffer light fixtures. Above ceiling plenum return. F. Diffuser Mountings: Provide diffusers with flush perimeter flange and gasket to seal against ceiling or provide diffuser housing sized to fit between ceiling exposed suspension tee bars and rest on top surface of r tee bar. G. Diffuser Patterns: Provide fixed louver face for 4 direction air flow unless specified otherwise. H. Diffuser Dampers: Provide adjustable opposed blade damper assembly, key operated from face of diffuser on all supply and exhaust �^ diffuser or grilles unless specified otherwise. I, I. Diffuser Accessories: Provide curved blade extractor mounted on adjustable frame to produce air scooping action in duct at diffuser take- off. Provide tools designed to fit through diffuser face and operate volume control device and/or pattern adjustment. J. Diffuser Finishes: Provide semi -gloss white enamel prime finish unless specified otherwise. K. Fire Dampers: Provide fire damper assemblies at all fire wall penetrations as indicated. PART 3 - EXECUTION 3.01 INSTALLATION OF DUCTWORK: A. General: Assemble and install ductwork in accordance with recognized industry practices which will achieve air tight (5% leakage) and noiseless (no objectionable noise) systems, capable of performing each indicated service. Install each run with minimum of joints. Align ductwork accurately at connection, within 1/8" misalignment tolerance and with internal r �" 15a600 surfaces smooth. Support ducts rigidly with suitable ties, braces, hangers and anchors of type which will hold ducts true -to -shape and to prevent buckling. B. Seal ductwork, after installation, to seal class recommended and and method prescribed in SMACNA "Low Pressure Duct Standards -Latest Edition". C. Complete fabrication of work at project as necessary to match shop - fabricated work and accommodate installation requirements. D. Locate ductwork runs vertically and horizontally and avoid diagonal runs wherever possible. Hold ducts close to walls,i overhead constnuction, columns and other structural and permanent -enclosure elements of building. Limit clearance to 1/2" where furring for enclosure or concealments of ducts, but allow for insulation thickness, if any. Where possible, locate insulated ductwork for I" clearance outside of insulation. Wherever possible in finished and occupied spaces, conceal ductwork from view, by locating in mechanical shafts, hollow wall construction or above suspended ceilings. Do not encase horizontal runs in solid partitions, except as specifically shown. Coordinate layout with suspended ceiling and lighting layouts and similar finished work. E. Where ducts pass through interior partitions and exterior walls, conceal space between construction opening and duct or duct -plus -insulation with sheet metal flanges of same gage as duct. Overlap opening on 4 sides by at least 1-1/2 F. Coordinate duct installations with installation of accessories, dampers, coil frames, equipment, controls and other associated work of ductwork system. G. Support ductwork in manner complying with SMACNA "Low Pressure Duct Standards -Latest Edition" hangers and supports sections. 3.02 INSTALLATION OF OUTLETS AND INLETS A. General: Install outlets and inlets in accordance with manufacturer's written instructions and in accordance with recognized industry practices to insure that products serve intended functions. B. Coordination with other work, including ductwork and duct accessories, as necessary to interface installation of outlets and inlets with other work. C. Locate ceiling air diffusers, registers, and grilles as indicated on general construction "Reflected Ceiling Plans". Unless otherwise indicated, locate units in center of acoustical ceiling modules. 3.3 CLEANING AND PROTECTION 15600 A. Clean ductwork internally, unit -by -unit as it is installed, of dust and debris. Clean external surfaces if foreign substances which might cause corrosive deterioration of metal, or where ductwork is to be painted, might interfere with painting or cause paint deterioration. B. Temporary Closure: At ends of ducts which are not connected to equipment or air distribution devices at time of ductwork installation, provide temporary closure of polyethylene film or other covering which will prevent entrance of dust and debris until time connections are to be completed. END OF SECTION 15600 SECTION 01600 MATERIAL AND EQUIPMENT PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Products. B. Transportation and Handling. C. Storage and Protection. D. Product Options. E. Products List. F. Substitutions. G. Systems Demonstrations. H. Existing Materials and Equipment. 1.02 RELATED REQUIREMENTS A. Section 01700 - 1. Contract Close -Out: Operation and maintenance data. 2. Section 01700 -Warranties and Bonds. _ 3. Section 01700 - Spare Parts and Maintenance Materials. 1.03 PRODUCTS A. Products include material, equipment, and systems. B. Comply with Specification and referenced standards as minimum requirements. C. Components required to be supplied in quantity within a Specification section shall be the same, and shall be interchangeable. D. Do not use materials and equipment removed from existing structure, except as specifically required, or allowed, by Contract Documents. 1.04 TRANSPORTATION AND HANDLING A. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage. 01600 e l C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. D. Receipt of Deliveries to site shall be by Contractor's personnel. Owner's personnel shall not receive deliveries to the site. 1.05 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions. B. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. C. Store loose granular materials on solid surfaces in a well -drained area; prevent mixing with foreign matter. r' D. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. 1.06 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description ony: Any product meeting those standards. B. Products Specified by Naming One or More Manufacturer's with a 6 Provision for Substitutions: Submit a request for substitution for any manufacturer not specifically named. C. Products Specified by Naming Several Manufacturer's: Products of named manufacturers meeting specifications: No options, no substitutions allowed. 1.07 PRODUCTS LIST �' A. Within (7) seven days after date established to Notice to Proceed, ! submit complete list of major products proposed for use, with name of manufacturer, trade name, and modl number of each product. 1.08 SUBSTITUTIONS �^ A. Only within (15) fifteen days after date established in Notice to 4 Proceed will Construction Manager consider requests from Contractor for substitutions. Subsequently, substitutions will be F F 01600 considered only when a product becomes unavailable due to no fault of Contractor. B. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. C. Request constitutes a representation that Contractor: 1. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product. 2. Will provide the same warranty for substitution as for specified product. 3. Will coordinate installation and make other changes which may - be required for work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. D. Substitutions will no be considered when they are indicated or implied on shop drawing or product data submittal without separate written request, or when acceptance will require substantial revision of Contract Documents. E. Construction Manager will determine acceptability of proposed substitutuion, and will notify Contractor of acceptance or rejection in writing within a reasonable time. F. Only one request for substitution will be considered for"each product. When substitution is not accepted, provide specified product. 1.09 SYSTEMS DEMONSTRATION A. Prior to final inspection," demonstrate operation of each system to Construction Manager and Owner. B. Instruct Owner's personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction.- 1.10 EXISTING EQUIPMENT AND MATERIALS A. Owner shall retain possession of existing equipment or materials that are being replaced with new, unless Contractor is otherwise notified. B. Said material and equipment shall be stored„within secured area by Contractor and removed from site by Owner. END OF SECTION 01600 r- SECTION 16000 ELECTRICAL GENERAL PROVISIONS PART 1 -GENERAL 1.01 Related Documents: The Conditions of the Contract and applicable requirements of Division 1 govern this Section. 1.02 DESCRIPTION OF WORK (^ A. General: This Section specifies several categories of provisions for electrical work, including: 1) Certain adaptive expansions of requirements specified in Division 1; 2) General performance r requirements within the electrical systems as a whole; and 3) General work to be performed as electrical work, because of its close association. B. Drawings: Refer to the Electrical Drawings for graphic representations, schedules, and notations showing electrical work. C. Specifications: Refer to this Division 16 for the primary technical specifications of electrical work. D. Work Included: This work includes the furnishing of all labor, materials, equipment, fixtures, operators, and appurtenances required for complete installation of the major facilities and systems as follows: (� 1. 120/208 Volt Power Distributions System ! 2. Grounding 3. Electrical Connections to Equipment 4. Additional items shown on Drawings or specified herein. E. Work of Other Sections: Requirements given within this Section apply to the Work of all Sections of this Division. The actual performance of the CI Work stays within the Section in which it occurs; but subject to the requirements of this Section, to the extent applicable. F. Finish painting is specified under division 9. Prime and protective painting are included in the Work of this Division. G. Motors and motor starters that are an integral part of the equipment are furnished under Division 15 with the driven equipment. However, all other motor starters, electrical wiring, and connections are included in the Work of this Division. H. Equipment control relays and electrical interlock devices are specified under Division 15, except as herein specified. SECTION 16000 1 I I. Access doors in finished surfaces are specified under Division 8. Locations are shown on the Drawings. 1.03 COORDINATION OF ELECTRICAL WORK; A. General: Refer to Division 1 for general coordination requirements applicable to the entire work. It is recognized that the Contract Documents are diagrammatic in showing certain physical relationships which must be established within the electrical work, and in its interface with other work including utilities and mechanical work, and that such establishment is the exclusive responsibility of the Contractor. B. Arrange electrical work in a neat, well organized manner with conduit and similar services running parallel with primary lines of the building construction, and with a minimum of 7'-0" overhead clearance where possible. C. Locate operating and control equipment properly to provide easy access, and arrange entire electrical work with adequate access for operation and maintenance, and for proper Code clearances. D. Advise other trades of openings required in their work for the subsequent move -in of large units of electrical work (equipment). E. Coordination Drawings: For locations where several elements of electrical (or combined mechanical and, electrical) work must be sequenced and positioned with precision in order to fit into the available space, prepare coordination drawings (shop drawings) showing the actual physical dimensions (at accurate scale) required for the installation. Prepare and submit coordination drawings prior to purchase -fabrication -installation of any of the elements involved in the coordination. 1.04 CODES: A. General: Comply with the most recently revised versions of all applicable laws, rules, regulations, and ordinances of Federal and State Authorities. Modifications required by the above said Authorities shall be made without additional charge to the Owner. Where alterations to and deviations from the Contract Documents are required by said Authority, report the requirements and secure approval before starting work. B. Precedence: Where Contract Document requirements are in excess of Code requirements and are permitted under the Code, the Contract Documents shall govern. 1.05 SITE VISIT AND FAMILIARIZATION: SECTION 16000 2 r i E 1. A. General: Become familiar with the Drawings and Specifications and examine the premises and understand the conditions under which the Contract shall be performed. B. Site: Verify locations of utility services and determine the exact requirements and provisions for connection. Coordinate with the utility company and necessary modifications or relocation shall be paid for by the Contractor and shall be included in the Contractor's proposal. 1.06 DRAWINGS: r A. General: The Drawings are schematic in nature and show approximate l locations of feeders, circuits, panels, outlets, switches, fixtures, and other materials and devices of the electrical systems except where specific locations are noted and dimensioned on the Drawings. These items are shown approximately to scales and attempt to show how these items should be integrated with building construction. Locate all the various items by on-the-job measurements, conformance with Drawings, Code t requirements, and in cooperation with other trades. B. Locations: Prior to locating light fixtures, obtain approval as to the exact r- method of locating fixtures in the various areas. Fixture locations shall not be determined by scaling drawings. Relocate fixtures and incur cost of redoing work of other trades necessitated by failure to comply with this r" requirement. C. Where relocation of outlets, switches, boxes, and other devices are required within 5" of location shown on Drawings, and when Contractor t is informed of necessary relation before work is begun on this portion of the job, no extra compensation will be allowed for relocation. 1.07 DISCREPANCIES: A. Clarification: Clarification shall be obtained before submitting a proposal for the Work under this Division as to discrepancies or omissions from the Contract Documents, or questions as to the intent thereof. B. Contractor Agreement: Consideration will not be granted for misunderstanding of the amount of work to be performed. Tender of a proposal conveys full agreement of the items and conditions specified, shown on the Drawings, and required by the nature of the project. 1.08 PROJECT RECORD DOCUMENTS: A. General: Refer to Division 1 for general administrative/procedural requirements related to compliance with codes and standards. B. Standards: This work shall meet the standards set forth in the applicable portions of the following recognized codes and standards: `f SECTION 16000 3 1. Association of Edison Illuminating Companies (AEIC). 2. Certified Ballast Manufactures (CBM). 3. Factory Mutual (FM). 4. Institute of Electrical and Electronics Engineers (IEEE). 5. Illuminating Engineering Society (IESS)> 6. Insulated Cable Engineering Association (ICEA) 7. Lightning Protection Institute (LPI). 8. National Electrical Code (NEC). 9. National Electrical Contractors' Association (NECA). 10. National Electrical Manufacturers' Association (NEMA). 11. National FireProtection Association (NFPA). 12. Underwriters' Laboratories, Inc. (UL). 13. Standard Building Code, Latest Edition. 14. Texas Senate bill 773 (Barrier Free Construction). 1.09 SUBMITTALS: A. General: Refer to Division 1 for general requirements concerning work - related submittals (refer to other Division 1 Sections for administrative submittals). B. Shop Drawings and Product Data Brochures: Submittals shall contain all necessary information for review, including additional information when requested. Product Data Brochures shall contain only information relevant to the particular equipment or materials to be furnished. Unless all irrelevant information is deleted or unless relevant information is clearly marked, including accessories, ratings, appurtenances, and dimensions as required, submittals will be returned marked "Resubmit". Submittals for the Work shall include, but not be limited to: 1. Cable, Wire and Connectors. 2. Electrical Raceways and Fittings. 3. Electrical Boxes and Fittings: Include dimensioned drawings of special electrical boxes showing the accurately scaled boxes, their layout, and relation to associated equipment. 4. Panelboards and Enclosures: Include dimensioned drawings of panelboards and enclosures showing accurately scaled layout of enclosure and required unit sections, including but not necessarily limited to, circuit breakers, fusible switches, and accessories. Submit, if requested, transparencies of circuit breaker characteristics with unlatch times and fuse characteristics with melting/clearing times for use by the Architect in verifying coordination of these devices. 5. Electrical Gutters. 6. Wiring Devices. 7. Safety and Disconnect Switches: Include dimensioned drawings of electrical safety and disconnect switches which have a rating of 100 amperes or larger, showing the SECTION 16000 4 r r-r accurately scales switches, their layout, and relation to associated equipment. 8. Fuses. 9. Motor Starters: Include dimensioned drawings of motor starters which have a NEMA size 3 or larger starter, accurately showing the scaled controllers and switches, their layout, and relation to associated equipment. 10. Lighting Fixtures: Include clips and supports, as required. 11. Lamps. 12. Firestops: include all firestop materials for the project, indicating intended use and UL fire rating where applicable. 13. Warranties (Guarantees): Submit five copies of all warranties and guarantees for systems, equipment, devices, and materials (this includes two copies for maintenance manuals). 14. Maintenance Manuals: Submit three copies, including wiring diagrams, maintenance and operating instructions, parts listings, and copies of all other submittals required by this Division 16. Organize each maintenance manual with Table of Contents, Index, and thumb -tab marked for each section of information. Bind in 2", three-ring binders, vinyl covered, with pockets to contain folded sheets., properly label contents on spine and face of binder. C. Approval: Materials installed or work performed without approval of material shall be done at the risk of the Contractor and the cost of removal of such material or work which is judged unsatisfactory for any reason, shall be a the expense of the Contractor. 1.10 TEMPORARY FACILITIES: A. General: Refer to Division 1, Section 01500, for general requirements on temporary facilities. 1.11 ELECTRICAL PRODUCTS: A. General: Refer to General Provisions, Supplementary Provisions, and Division 1 for general requirements on products, materials, equipment, and substitutions. B. Compatibility: Provide products which are compatible with other products of the electrical work, and with other work requiring interface with the electrical work, including electrical connections and control devices. For exposed electrical work, coordinate colors and finishes with other work. Determine in advance of purchase that equipment and materials proposed for installation will fit into the confines indicated, leaving adequate clearance as required by applicable codes, and for adjustment, repair, or replacement. SECTION 16000 5 C. Substitutions: Materials and products of manufacturers other than those listed in this Specification require approval of the Architect in writing prior to submittal of shop drawings and product data. 1.12 PRODUCT DELIVERY; STORAGE, AND HANDLING: A. General: Ensure that all electrical equipment, devices, and materials arrive at the site in good condition, intact in factory package or crate. Any equipment'found to be damaged shall be removed from the project site. B. Storage: Store all electrical equipment, devices, and materials in factory containers or package until ready for use. Storage facility shall be a clean, dry , indoor space which provides protection against weather. Avoid damage by condensation by providing temporary heating when required. C. Handling: Handle all electrical equipment, devices, and materials carefully to prevent breakage, denting, or scoring of the finish. Damaged materials shall be removed from the project site. PART 2 - PRODUCTS 2.01 ELECTRICAL SYSTEM IDENTIFICATION: A. Cable/Conductor Identification: Coordinate a uniform and consistent scheme of color identification throughout the building system. Identification shall, be by the permanent color of the selected covering. On large conductors, secure identification by means of painted color banding or plastic tape. 1. Color scheme shall be as follows: 120/208 Volt Phase A Black Phase B Red Phase C Blue Neutral White Ground Green B. Identification of Equipment: All major equipment shall have a manufacturer's label identifying the manufacturer's address, equipment model and serial numbers, equipment size, and other pertinent data. Care shall be taken not to obliterate this nameplate in any way. A black - white -black laminated plastic engraved identifying nameplate shall be secured by screws to each switchboard, distribution panel, motor control center, panelboards, and individual motor starter. Identifying nameplates shall have 1/2" high engraved letters. Each switchboard, distribution panel, and motor control center device shall have a nameplate showing the load served in 1/4" high engraved letters. An embossed plastic tape SECTION 16000 6 r identifying label shall be affixed to each safety switch, disconnect switch, bus duct plug, wireway, terminal cabinet, and capacitor. Cardholders and directory cards shall be furnished for circuit identification in panelboards. Cardholder shall be located on inside of panel door and shall be in a metal frame with clear plastic front. Circuit lists shall be typewritten. Circuit descriptions shall include location and name of each item of equipment served. PART 3-EXECUTION 3.01 CUTTING AND PATCHING; A. General: Comply with requirements of Division 1 for the cutting and patching of other work to accommodate the installation of electrical work. Except as individually authorized by the Architect/Engineer, cutting and patching of electrical work to accommodate the installation of other work is not permitted. 3.02 EXCAVATING FOR ELECTRICAL WORK; A. General: The work hereunder includes whatever excavating and backfilling is necessary to install the electrical work. Coordinate the electrical work with other work in the same area, including excavating and backfilling, dewatering, flood protection provisions, other temporary facilities, other underground services (existing and new), landscape development, paving, and floor slabs on grade. Coordinate with weather conditions and provide temporary facilities needed for protection and proper performance of excavating and backfilling. B. Standards: Except as otherwise indicated, comply with the applicable provisions of Division 2 for electrical work excavating and backfilling. Refer instances of uncertain applicability to the Architect/Engineer for resolution before proceeding with the work. C. Replacement of Other Work: Where it is necessary to remove and replace landscape work, pavement, flooring, and similar exposed finish work, engage the original Installer to install the replacement work. If the work existed prior to the work of this Contract, engage only experienced and expert firms and tradespersons to replace the work. 3.04 ELECTRICAL WORK CLOSEOUT: A. General: Refer to Division 1 for general closeout requirements. Maintain a daily log of operations data on electrical equipment and systems through the closeout period; record hours of operation, assigned personnel, power consumption, and similar information; submit copy to Owner. SECTION 16000 r 7 B. Coordination with Mechanical Work: Coordinate closeout operations with closeout of mechanical systems,, elevators, and other power - consuming equipment. Accurately record locations of primary (Major) conduit which is underground or otherwise concealed. C. Support Services: Test run electrical equipment in coordination with test runs of mechanical systems. Clean and lubricate operational equipment. Instruct Owner's operating personnel thoroughly in the operation, sequencing, maintenance, and safety/emergency provisions of the electrical systems. Turn over the operations to Owner's personnel at the time(s) of substantial completion. Until the time of final acceptance of the total work of the Contract, respond promptly with consultation and services to assist Owner's personnel with operation of electrical systems. END OF SECTION SECTION 16000 8 , SECTION 16001 RACEWAYS AND FITTINGS PART 1 - GENERAL 1.01 Note: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplementary Conditions . 1.02 Submittals: Submit manufacturer's on all materials in accordance with Section 01300. 1.03 Scope: The work shall include furnishing and installing all rigid steel and flexible metallic conduit, intermediate metallic conduit, electrical metallic tubing, polyvinyl chloride conduit, wireways, pull and junction boxes and outlet boxes, together with all supporting devices and other accessories required. PART 2-PRODUCTS 2.01 Underground Ducts: A. Plastic electrical conduits and fittings in strict accordance with the requirements of NEMA Standard TC-6 and ASTM Standard F-512. Conduits shall be Type EB for encased burial and UL listed for 90 degree C. Cable. Material shall be virgin polyvinyl chloride (PVC). Conduits shall be Carlon or equivalent 2.02 Rigid Steel Conduit: Rigid, threaded, thick -wall; galvanized inside and outside or galvanized outside with a protective coating inside; UL listed r and labeled according to Standard UL6; conforming to ANSI Standard C80.1; Pittsburg, Republic Steel, Robroy or Allied . 2.03 Electrical Metallic Tubing (EMT): Steel tubing, galvanized outside and provided with a slick corrosion resistant interior coating; UL listed and labeled according to Standard 797; conforming to ANSI Standard C80.3; Pittsburg, Republic Steel, Robroy or Allied . 2.04 Intermediate Metallic Conduit (IMC): Rigid, threaded, thinwall steel; galvanized outside with protective coating inside: UL listed and labeled according to Standard 1242, Allied Republic Steel, or equivalent . 2.05 Flexible Metal Conduit: Spirally wound with hot dip galvanized steel strips (commercial Greenfield): conforming to UL Standard UL 1 and UL listed and labeled: Triangle Conduit and Cable Company, or equivalent. 2.06 Liquidtight Flexible Metal Conduit: Spirally wound, galvanized steel strips, as for flexible metal conduit; with polyvinyl chloride cover extruded 16001 I•" 1 over the exterior to make conduit liquidtight: UL listed; Electri-flex type "LA" or equivalent. 2.07 Conduit Fittings: A. Couplings and Terminations for Rigid Steel Conduit: Factory made steel threaded couplings; bushing at all boxes and cabinets, with locknuts inside and outside box or cabinet. Provide insulated bushings on all circuits #4 AWG and larger. B. Couplings and Terminations for Electrical Metallic Tubing: Join lengths of EMT with steel compression type couplings and connectors where exposed to the weather or in wet locations. Otherwise use steel, set -screw couplings and connectors. The connectors shall have insulated throats or a smooth interior so as not to damage the insulation during wire Pulling operations. Die cast or indent type connectors are not acceptable. Provide insulated bushings on all circuits #4 AWG and larger. C. Couplings and Terminations for Intermediate Metal Conduit: Same as for rigid steel conduit. E. Couplings and Terminations for Flexible Metal Conduit: T & B 440 Series couplings at connectors between flexible and rigid conduit; T & B 3110 or 3130 Series nylon insulated throat, steel connectors at box or cabinet terminations. F. Couplings and Terminations for Liquidtight Flexible Metal Conduit: T & B 5271 Series adapters at connections between flexible and rigid conduit; T & B 5331 series nylon insulated throat, steel connectors at box or cabinet terminations. 2.08 Wireways: A. Interior Use: UL listed; enamel finished; sizes shown or required; screw covers; complete with all fittings, couplings, hangers and accessories; Square D, General Electric, or equivalent. B. Exterior Use: UL listed; enamel finished; sizes shown or required; removable front cover which is gasketed; weatherproof rainhood. 2.09 Outlet Boxes; A. UL listed of sizes and types specified. B. Sheet Steel Boxes: Sheet steel not lighter than No. 14 gauge, galvanized after fabrication; Raco, Steel City or Appleton. 16001 2 I. C. Cast Metal Boxes: Cast iron or cast alloy with threaded hubs; Crouse -Hinds, Appleton or Pyle National. D. Floor boxes shall be round Carlon PVC boxes with covers and fittings as specified. 2.10 Pull Boxes and Junction Boxes: A. Sheet steel, galvanized inside and outside, with galvanized cove rs. r B. Small Boxes: For boxes where the volume required is not over 100 cubic inches, use standard outlet boxes. C. Larger Boxes: For boxes where the volume required is over 100 cubic inches, use cabinets as specified for panelboard cabinets with covers of same gauge as boxes, secured with corrosion resistant bolts or screws. D. Junction Boxes: No. 224-S steel boxes with conduit corner adapters to receive conduit sizes shown. Provide each box with proper tile, carpet or terrazzo holder as applicable. Protect boxes, plates and rings from damage at all times, and against entry of concrete and water. Boxes shall be supported and leveled by heavy screw devices. E. Surface Raceway: As manufactured by Wiremold or Walker/Parkersburg, UL listed and sized as shown on drawings. Furnish surface raceway with all fittings, couplings, hangers, and accessories as required for complete installation. The surface raceway shall be finished in the manufacturer's standard buff finish. FPart 3 - Execution 3.01 Conduit Uses: A. Rigid Aluminum conduit may be used in all areas not In contact with earth and not in concrete. B. Rigid steel conduit may be used in all areas unless noted otherwise. C. Intermediate metallic conduit (IMC) may be used in all interior locations not in contact with earth unless noted otherwise. D. Electrical metallic tubing (EMT) may only be used in interior dry locations not subject to damage, not in contact with earth and not in concrete unless noted otherwise. 16001 r� 3 E. Type "EB" concrete encased duct may be used for under ground service entrance conduits, underground feeders not under floor slabs, and telephone service entrances where indicated . F. Flexible steel conduit may only be used in indoor non -hazardous dry locations for connections to equipment and vibration isolation. Flexible steel conduit of 3/8 inch trade size may only be used for lighting fixture taps and shall not exceed 6 feet in length. G. Liquid tight flexible steel conduit shall be used in all outdoor locations and indoor damp or wet locations for equipment connections and vibration isolation. 3.02 Excavation: A. Perform all excavation work required in connection with the installation of the work under this Division. After the electrical work has been installed, tested and approved, backfill all excavations with suitable material under the direction of the Architect . Include the cutting of all sidewalks, streets and other pavement and repairing the openings in them to return the surface to approximate original condition. B. Perform all excavations of every description of whatever substances encountered and to the depths required for installation of the work under this Division . C. During excavation, stack material suitable for backfilling in an orderly manner asufficient distance from the banks of the trenches to prevent slides or cave-ins. Remove all excavated material not required or suitable for backfill, or waste as directed. Control grading to prevent surface water from flowing into excavations and remove any water accumulating therein by pumping . D. Use open cut grading and make trenches of the necessary width for proper installation of the lines with banks as nearly vertical as possible. F. Grade the bottom of trenches accurately to provide uniform bearing and support for conduit or duct on undisturbed soil at every point along its entire length. G. Except at locations where excavation of rock from the bottoms of trenches is required, take care not to excavate below the depths required. Where rock excavation is required, remove the rock to minimum overdepth of 4 inches below the trench depths specified. Backfill the overdepth rock excavation and all excess trench excavation -to the proper level with 3/4 inch crushed rock or the equivalent in coarse gravel prior to the installation of conduit or ducts. Whenever wet or otherwise unstable soil that is incapable of properly supporting conduits or ducts is 16001 4 f encountered in the trench bottom, remove such soil to a depth required and backfill the trench to trench bottom grade with 3/4 inch crushed rock (" or coarse gravel or other suitable material. 3.03 Backfiliing: A. Carefully backfill trenches with earth, sandy clay, sand and gravel, soft shale or other approved material free from large clods of earth or r- stone, deposited in thoroughly and carefully rammed 6-inch layers. Do not use blasted rock, broken concrete or pavement, or large boulders as backfill material. Settling the backfill with water will be permissible and r. will be requirement when so directed. Re -open any trenches improperly filled or where settlement occurs to the depth required for proper compaction, then refill, mound over and smooth off. B. Backfill open trenches across roadways or other areas to be paved as specified above except that the entire depth of trench shall be backfilled in 6-inch layers, each.layer moistened and compacted to a density of not less than 95% Standard Proctor in such manner as to Permit the rolling and compaction of the filled trench together with the adjoining earth to provide the required bearing value and Permit paving of the area immediately after backfilling Is completed. Along all other [ portions of the trenches, grade the ground to a reasonable uniformity and leave the mounding over the trenches in a uniform and neat condition. 3.04 Opening and Closing Pavement: A. Where excavation requires the opening of existing walks, streets, drives or other existing pavement, including "black topping," cut the Pavement as required. Hold the size of the cut to a minimum consistent with the work to be accomplished. After the installed ion of the new work is completed and the excavation has been backfilled, patch the paving using materials to match those cut out. Take care that the patches are level with the original surfaces and thoroughly bond with them. 3.05 Installation of Underground Ducts: A. Use Plastic electrical ducts, installed with concrete encasement, with a minimum of 3" of concrete between ducts and earth, and with 2 inches of concrete between adjacent ducts. Concrete shall contain a red dye additive to give a distinctive red color when concrete is cured. Provide at least 30 inches of cover from top of concrete encasement to finished grade. Install with uniform slope for drainage, with no low pockets to collect water. B. Fabricate duct runs with standard factory -made fittings, elbows r* and accessories. Make all changes of direction, horizontal or vertical, with long sweep bends having a minimum radius of 25 feet, except that manufactured bend, at or near the ends of the runs may be used on short 16001 ,•• 5 runs of 100 feet or less. Make long sweep bends with one or more curved or straight sections of duct. Manufactured bends, where permitted, shall have a minimum radius of 10 times the nominal duct diameter. Where manufactured ducts of greater than a 30 degree angle are required, use rigid hot dipped galvanized steel conduit bends. During construction, protect Partially completed duct lines from entrance of dirt and debris by means of suitable factory -made duct plugs. After completion of installation, seal all ends of spare ducts with factory made duct plugs. C. . Where ducts turn up through floor slabs or above grade change from plastic duct to rigid galvanized steel conduit below grade, using suitable factory adapters. At the point of change of materials, extend the concrete envelope to enclose at least 2 feet of steel conduit. Wrap all steel conduits and fittings buried in earth as specified elsewhere herein, or use PVC coated steel conduits. D. Install the concrete envelope for a given duct run in one pour where possible. Use concrete of 3000 psi compressive strength. In pouring concrete, do not allow heavy masses of concrete to fall on ducts. Direct flow of concrete down sides of assembly to bottom, forcing it to flow to center of bank and then to rise up in middle. filling all spaces uniformly. Spade concrete liberally and carefully with a long, flat slicing bar between vertical rows to eliminate voids. Weight or brace the duct bank assembly if necessary, to prevent the assembly from floating. Because of the fact that plastic conduits may expand considerably during construction, each run and its concrete envelope shall be installed starting at one end and proceeding toward the other with any necessary adjustments to length being made at the end toward which the work is progressing. E. After ducts are installed, complete with envelope, and before pulling any cable, pull a mandrel through every duct to check for alignment and clear passage. Use an Iron -shod mandrel with a diameter of 1 /4 inch less than the nominal size of the duct and a length equal to the duct diameter. Mandrel shall have a leather or rubber gasket slightly larger than the duct hole. After testing the .ducts with the mandrel, pull a stiff -bristled brush through each duct until it is clear of all particles of earth, sand or gravel; then, install duct plugs immediately. 3.06 Installation of Underground Steel Conduit: A. All steel conduit in earth shall be rigid galvanized steel conduit. Wrap such conduit with 3M Company 0.020 inch thick No. 51 "scotchrap" vinyl plastic tape, half lapped to give a double thickness wrap. Remove all oil, grease and dirt from conduit with a suitable solvent, and clean and dry conduit before wrapping. If conduit Is pre -wrapped in the shop and then cut and joined on the job, wrap all joints on the job, overlapping pipe wrapping.3" on both side of joints. 16001 6 3.07 Installation of Building Raceways: r' A. All wiring of every description shall be electrical metallic tubing unless noted otherwise. Conduits may be run exposed in machinery and electrical rooms and unfinished areas. All other conduits shall be run r- concealed unless otherwise noted. All exposed runs shall be installed parallel to the surface of the building in a neat and orderly manner. B. Sizes: Size and install raceways so the conductors may be drawn in without injury or excessive strain. Make field bends with approved bending devices. Do not install bends or offsets in which conduit is crushed, deformed or otherwise injured. C. Connections: Use lengths of flexible, metal conduit, not less than 12" long at final connections to all motors, generators, controls and other devices subject to movement because of vibration or mechanical adjustment. Use flexible metal conduit also at connections„ to recessed lighting fixtures, and elsewhere as required. in damp or wet locations, and where installed outdoors, use liquidtight flexible metal conduit. D. Around Heat Producing Equipment: Do not install raceways within ' 3" of steam and hot water pipes breeching and flues, except where crossings are unavoidable and then keep raceways at least I" from insulation on the Pipe, breeching or flue crossed. Wherever possible, ,1 : avoid installing raceways directly above or in close Proximity to boilers and other like objects operating at high temperatures. F. Damp or Wet Locations: In damp or wet locations make every effort to avoid installing raceways in a manner which will create moisture traps. Where they must be so installed, seal both ends of raceways with an approved sealing compound to Prevent "breathing" and moisture condensation with in the raceways. G. Joining Rigid Conduit: Join with threaded couplings. Ream out all conduit ends after threading. Secure rigid conduits at panel boxes, junction boxes, pull boxes, switchboards, support boxes, or sheet metal outlet boxes galvanized locknuts, inside and outside, with insulating bushing inside. Unthreaded set screw type couplings or connectors are not acceptable in rigid conduit systems. No running threads shall be used anywhere in conduit systems. H. Protection of Raceways: Seal ends of all raceways with blank discs ("pennies"), push pennies or other approved closers during construction. Do not pull any conductors into raceways until all plastering in the vicinity is completed. Swab out all raceways before pulling in conductors. 16001 .� 7 !I I. Penetrations of non fire rated assemblies: Wherever raceways pass through floors, walls partitions, etc., carefully fill any space between the outside of the raceway and the building material to prevent passage of air, water, smoke and fumes. Fillings material shall be fire resistive and in general similar to the basic building materials through which the raceway passes. . J. Penetrations of fire rated assemblies: Where raceways pass through fire rated walls, floors, etc., they shall be sealed with a fire stopping sealant equal to Dow -Corning RN Foam Penetration Sealant . 3.08 Conduit Supports: A. Support spacing: Use minimum spacing as directed by National Electrical Code, but space hangers more closely where required by conditions. B. Vertical conduit risers: Support vertical conduits at each floor by means of riser clamps or U-bolts, clamping them to a steel channel bridging the opening in the floor. C. Individual Conduits: Support conduits running vertically or horizontally with galvanized malleable iron one hole clamps. Carry individually supported horizontal conduits 1-1 /4" and larger on Kindorf No. 150 or Steel City No. C-149 hangers. Use no perforated strap iron as hanger material. Where conduits smaller than 1-1/4" are installed above metal lath and plaster ceilings or mechanically suspended dry ceilings of the non -removable type, they may be supported on ceiling runner channels. Where conduits smaller than 1-1A are installed above removable ceilings, attach them to the structure or bar joints (where present) or support them on threaded hanger rods with clips. Do not use any wire to support conduits or to attach conduits to supporting members. Locate conduits a sufficient distance above the ceiling to permit removal of the ceiling panels. Locate them so as not to hinder access to mechanical and electrical equipment through the ceiling panels. D. Multiple Conduits: Where multiple raceways are run horizontally at the same elevations, they may be supported on trapezes formed of sections of Unistrut angle iron or channels suspended on rods or pipes. Size trapeze members including the suspension rods for the number size and loaded weight of the conduits they are to support. Space them as required for the smallest conduit supported. 3.09 Installation of Outlet Boxes: A. Usage: Provide at each outlet or device of whatever character a metal outlet box in which conduits shall terminate. B. Boxes recessed in construction: Sheet steel boxes. 16001 8 C. For Lighting Fixture Outlets: 4" octagonal with'3/8" fixture stud for incandescent lights which are surface mounted, wall mounted or suspended. D. For Wall Switches, Receptacles and Communications Use: Use 4" x 4" size with proper square cornered the wall cover, plaster cover, or finishing plate, except where construction will not permit or the device r- requires a larger box. f. E. Boxes for Exposed Work: rF. Boxes for Outdoors: Cast metal boxes with gasketed covers. G. Installation of Pull and Junction Boxes: Sizing: Size all pull and junction boxes in accordance with NEC using larger sizes than required by code where job conditions so indicate. H. Mounting: Fasten all boxes securely to the building construction, independent of conduit systems. On concealed conduit systems where boxes are not otherwise accessible, set box covers flush with finished surfaces for access. I. Installation of Surface Raceways: Surface raceway shall be installed Parallel to the wall line in a neat and orderly manner. The surface raceway shall be mounted using only such fasteners that are recommended by the manufacturer for the type of surface material encountered. Paint raceway to match surface of installation. END OF SECTION 16001 �* 9 a SECTION 16002 CONDUCTORS PART 1 - GENERAL 1.01 Note: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplementary Conditions . 1.02 Submittals: Submit manufacturer's data on all materials in accordance with Section 01300. 1.03 Scope: The work shall include the furnishing of all conductors, together with all splices, connections, identification, bundling, etc., including pulling devices. PART 2-PRODUCTS 2.01 Conductors (600 Volts and under): A. Type: Soft drawn, annealed copper, UL listed, rated at 600 volts, continuous without weld, splice or joint, uniform cross-section, free from flaws, scale and other imperfections: Okonite, Triangle, Anaconda or Simplex. No. 8 and larger shall be stranded; No. 10 and smaller shall be solid. Insulation: Branch circuits shall have type TW, THW, THHN, THWN or RHW insulation unless the type is specifically designated or specified Feeder circuits shall be type THW or THHN unless noted otherwise. Conduit sizes are based on THW. B. Circuits subjected to High Temperatures: Type RHH conductors for wiring in proximity to boilers, and for motors and devices subject to high temperature because of high ambient temperature, convection or radiant heat . C. Lighting Fixture Conductors: Type and size approved by the NEC for the purpose . 2.02 Joints and Splices: A. Stranded Copper Conductors: UL approved solderless bolted pressure connectors or Thomas and Betts Series 54000 compression connectors. All connectors shall be of proper sizes to match conductor sizes. All compression connectors shall be applied with properly sized dies and tools. Split -bolt connectors are not acceptable. B. Solid Copper Conductors: UL approved solderless bolted pressure connectors; or UL approved electrical spring connectors of "Scotchlock". 16002 1 h i Ideal or T & B "Piggy" make. All connectors shall be of proper sizes to match conductor sizes. Split bolt connectors are not acceptable. 2.03 Color Coding A. Use standardized color -coding of conductors throughout. All color coding shall be continuous for the entire length of the conductors, and shall be permanent and readily distinguished after installation. In cases where the 7specified colors of insulated wire and cable are unavailable, such conductors shall be color -coded, as specified above, by means of Brady, or equivalent, slip-on colored plastic sleeves or plastic tape at all pull boxes, support boxes, outlet boxes, panelboards, and other terminal and I splicing points. B. Conductors shall be color coded as indicated in Section 16000. PART 3 - EXECUTION 3.01 Wire Pulling: A. Wire Pulling: Provide suitable installation equipment for pulling conductors into raceways or conduits. Use ropes of polyethylene, nylon or other suitable material to pull in conductors. Attach pulling lines to conductors by means of woven basket grips or by pulling eyes attached directly to conductors. All conductors to be installed in a single conduit shall be pulled in together. Pull no conductors into conduits until all work of a nature which may cause injury to conductors is completed. Use an Underwriters' listed cable pulling compound where necessary. B. Cable Lubricants: All cable lubricants shall be UL listed, and shall be certified by their manufacturer to be non -injurious to the insulation on which they are used. C. Pulling Devices in Empty Raceways: Provide in every -empty raceway, not containing conductors to be installed by this Contractor, a suitable pull line to facilitate future installation of wiring. Lines shall be free from splices and shall have ample exposed length at each end. Identify each end of each line with a linen tag bearing complete information as to the purpose of the raceway and the location of its other end. All lines shall be nylon or polyethylene cord with a tensile strength not less than 200 pounds. 3.02 Installation of Building Wire (600 volts and under): A. Feeders: Run all feeders their entire length in continuous pieces without joints or splices, insofar as practicable. Make joints in branch circuits only where circuits divide as shown on drawings. Such joints shall consist of one through circuit to which shall be spliced the tap circuit. 7 16002 2 B. Branch Circuits: Conductor and conduit sizes shown on the plans are based on not more than one 3-wire circuit or one 4-wire circuit consisting of 2 different phase wires and a common neutral or 3 different phase wires and a common neutral installed in a single conduit. The Contractor may group more circuits in a single conduit as long as additional common neutrals are provided and conductors are derated in accordance with the N.E.C: C. Sizes: No wire shall be smaller than No. 12 except for signal or control circuits, and except for individual lighting fixture taps as Permitted by the National Electrical Code: D. Receptacle and Motor Branch Circuits: No. 12 conductors unless noted or scheduled otherwise. E. Power and Lighting circuits of different system voltages (eg. 208Y/120 and 480Y/277 volts) shall not occupy the same conduit. F. Emergency Lighting and Power Conductors: Run in conduits separate from all other wiring. G. Joints and Splices: Make joints and splices only where necessary and only at outlet boxes and pull boxes. All joints shall be mechanically and electrically secure. After a joint or splice is complete, insulate it with Okonite rubber tape, and Manson friction tape to make the, insulation of the joint or splice equal to that of the conductor. In lieu of this. 3M Company's "Scotch" No. 33 vinyl plastic tape may be used if applied in at least four layers (half lapped in two directions), with all larger splices, terminals, sharp corners and voids being first being first protected by application of "Scotchfil" insulating putty. H. Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. I. Identifying Tags: Non-ferrous; stamped to clearly identify each circuit. Securely fasten tags to all cables, feeders and power circuits in pull boxes, lighting power and distribution panelboards, etc. J. 'Bundling Conductors: Bundle all conductors in panelboards, cabinets and the like, using marlin twine lacing or nylon straps made for the purpose. Bundle conductors larger than No.10 in individual circuits. Bundle smaller conductors in larger groups. END OF SECTION 16002 3 SECTION 16003 WIRING DEVICES PART 1 - GENERAL 1.01 Note: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements and Supplemental Conditions. 1.02 Submittals: Submit manufacturer's data on all materials. 1.03 Scope: Furnish and install in suitable outlet boxes, the wiring devices indicated, complete with lamps, coverplates, etc. All shall be properly connected to conductors to be operable. PART 2 - PRODUCTS 2.01 Acceptable Manufacturers: A. The catalog numbers listed herein are generally of Hubbell manufacture. Equivalent devices of Arrow -Hart, Pass and Seymour or General Electric are also acceptable. 2.02 Classification: A. All wiring devices shall be "Specification Grade", and shall be UL listed. 2.03 Colors: A. All devices shall have an ivory finish where mounted in walls finished in light colors and a brown finish where mounted in walls finished in dark colors. 2.04 Wall Switches: A. For loads not exceeding 1500 watts 120 Volts or 3000 watts at 277 volts: DEVICE a. Single pole wall switch b. Three-way wall switch C. Four-way wall switch d. Momentary Contact switch, key operated IN 16003 1 HUBBELL CATALOG NO 1201 or 1201-1 1203 or 1203-1 1204 or 1204-1 1556L B. For loads exceeding above listed: DEVICE a. Single Pole wall switch b. Three-way wall switch c. Four-way wall switch 2.05 Receptacles: HUBBELL CATALOG NO. 1221 or 1221-1 1223 or 1223-1 1224 or 1224-1 A. Receptacle, 15 ampere. 125 volt, 2 pole, 3 wire grounding duplex: Hubbell No. 5252 or 5252-1 (NEMA 5-15R). B. Receptacle, 15 ampere. 125 volt, 2 pole, 3 wire grounding duplex; GFCI Hubbell No. GF52621. C. Receptacle, 20 ampere, 125 volt, 2 pole, 3 wire grounding duplex, surge protected: Hubbell No. 53521S. 2.06 Other Devices: A. Weatherproof Devices: Provide the, specified device in FS box with a gasketed cast aluminum or cast alloy coverplate having a lift cover. B. Data outlets shall consist of a 4 inch square box, with single gang extension ring and a single gang one -hole cover. Provide an empty 3/4" conduit with pull wire to above the ceiling. C. TV outlets shall consist of a 4 inch square box, with single gang extension ring and a single gang one -hole cover. Provide an empty 3/4" conduit with pull wire to above the ceiling. 2.07 Floor Mounted Devices: A. Flush Duplex Receptacle: Hubbell No. S-3925 brass cover with a 15 ampere, 125 volt duplex receptacle as specified under Wiring Devices. Floor boxes shall be round PVC. 2.08 Coverplates: A. Provide coverplates for all wiring devices, telephone, signal outlets and other kindred devices. B. For Flush Mounted Devices: Sierra Electric Corporation "S-Line" 0.040" stamped satin stainless steel except in unfinished or machinery spaces, where plates shall be Sierra "P-Line" smooth plastic to match devices. 16003 2 r C. For Surface Mounted Devices: Zinc -coated sheet metal with rounded or beveled edges of same size as boxes, for indoor use; cast alloy plates r- with gaskets for outdoor use. PART 3 -EXECUTION 3.01 Mounting Heights: A. Where mounting heights are indicated on the drawings, the device shall be installed with the centerline of the device at the indicated height. B. In general, devices which are shown to be installed at counters or other millwork shall be installed above the counter or millwork, unless noted. Wall switches shall be installed on the strike side of the door as finally hung. C. Unless otherwise noted on the drawings. or directed by the Architect, install devices at the following heights. r i DEVICE MOUNTING HEIGHT Wall Switch 4'-6" Receptacle 12" Clock Hanger Outlet 12" below ceiling Wall Mounted Clock 12" below ceiling Telephone Outlet 12" Wall Dimmer Switch 4'-6" D. Device Mounting: Wall switches shall be located within 6 inches of door frames. Provide suitable clips. hangers, supports, supplemental metal studs or framing materials as required to achieve the specified switch location. Where multiple switches are shown provide the appropriate ganged boxes with interior partitions where required and single piece coverplate. Where multiple devices are shown at a single location (i.e. switches, dimmers, volume controls, thermostats, etc) coordinate the installation of the devices to achieve a single uniform mounting height with all devices grouped as close as possible. END OF SECTION F' 16003 3 SECTION 16006 LIGHTING PART 1 - GENERAL 1.01 Note: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 Submittals: A. Submit for review catalog data and drawings on all equipment items. 1.03 Scope: A. This section pertains to all labor, material, equipment and services necessary for and incidental to the complete lighting system as shown on the drawings and specified herein. PART 2 -PRODUCTS 2.01 Interior Lighting Fixtures: A. Provide and install a lighting fixture on each and every lighting outlet shown. Furnish fixtures in accordance with the designations on the drawings and as specified herein. Should any designations be omitted on the drawings, furnish fixtures of the same type as used in rooms of similar usage. All features specified or scheduled for fixture shall be provided, even if the catalog number given in the specifications or, schedule lacks the required numerals, prefixes or suffixes corresponding to the features called for. 2.02 Fixtures: A. All lighting fixtures shall bear the label of Underwriters' Laboratories, Inc. Furnish scale drawings, catalog data; samples of finish, distribution curves, and any other data required by the Architect for every type fixture. 2.03 Energy Saving Ballasts: A. All 2 lamp, 40 watt, rapid start ballasts installed in an interior space where ambient temperature is 60 degrees F or higher shall be General Electric "Watt -Miser' energy saving ballast . The ballast shall be high power factory, UL labeled, Class P with automatic reset features and "A" sound rating. 2.04 Lenses: A. Wherever acrylic lenses are specified or noted, the material used shall be virgin acrylic with a minimum thickness of 0.125 inches. 2.05 Lamps: 16006 1 N l A. Full equip each fixture with a full set of new lamps at the completion and acceptance of the work; lamps shall be of the best grade, and of the sizes and types specified; General Electric, Westinghouse or Sylvania. 2.06 Incandescent Lamps: A. Inside frosted unless specified or recommended otherwise by the fixture manufacturer. 2.07 Fluorescent Lamps: A. Reduced wattage type General Electric Watt -Miser ll, Lite-White. PART 3 - EXECUTION 3.01 Installation of Interior Fixtures: A. Outlet box locations shown for fluorescent fixtures are diagrammatic. Locate boxes to coincide with stem hangers where such occur. Fixtures shall be level, square with the general construction and securely attached . 3.02 Lay -in Type Fixtures: A. Refer to the ceiling installer's layout for exact location. Center the fixtures in ceiling grids. Wire the fixtures using concealed outlet boxes accessible through ceiling panels. Install conductors in flexible metallic conduit from box to fixture. 3.03 Surface Mounted Fixtures: A. Fixtures shall be installed flush with the ceilings. Where fixtures are mounted to an exposed grid ceiling, the fixtures may be clipped to the ceiling grid provided the attachment holds the fixture flush, level, and secure. Where they cannot be centered on a grid, install a structural member to span two tees and attach the fixture to the structural members. 3.04 Where fixtures are installed in a continuous row, the row shall be straight and plumb. Lens shall be aligned in all planes and no part of the lamp shall be visible. END OF SECTION 16006 2 SECTION 16007 MOTORS AND EQUIPMENT CONTROLS AND WIRING PART 1 -GENERAL 1.01 Note: Conform with applicable provisions of the General Conditions, the Special Conditions and the General Requirements. 1.02 Submittals: Submit manufacturer's data and drawings on all equipment items. 1.03 Scope: This Section of the Specifications pertains to all other labor, material, equipment and service necessary for and incidental to motor and equipment wiring and control as shown on the drawings and/or as specified herein. PART 2 - PROOUCTS 2.01 Motors`. A. All motors will, unless otherwise noted, be furnished under other Divisions of the specifi.ations, or will be furnished by the Owner. Where motors are mounted integrally with items of equipment, they will be erected in place with' such equipment ready for electrical connection; such erection is not a part of the work under this Division. Where motors are to be installed as separate items, their foundations. anchor bolts and other provisions necessary to their erection will be provided as a part of the work of the Division under which they are furnished; their erection and final setting are a part of the work of this Division, and shall be done by specially skilled millwrights or similar craftsmen. 2.02 Motor Starters: A. All motor starters (controllers) and control equipment shall be furnished and installed under this Division of the specifications. The starters and control equipment shall conform with the schedule on the drawings. B. Magnetic Starters (Full Voltage): Starters shall be individual units, combination starter/unfused disconnect switch units as indicated. C. Units shall be of General Electric, Square D, Westinghouse or Gould manufacture with the proper enclosures. D. Provide pushbutton stations, pilot lights and hand -off -automatic switches as scheduled on drawings. Provide auxiliary contacts on starters to accomplish interlocks and control as specified in Division 15 or as noted elsewhere. Starter disconnecting means shall have auxiliary contacts to disconnect all control circults when the starter is disconnected. 16007 1 P'0 f rW E. Provide all three phase starters with three overload elements, one per phase. F. Equip each starter unit with a control power transformer, with 120 volt secondary, a secondary fuse in one leg and the secondary leg grounded. G. Manual Starters: Where manual starters are indicated, they shall consist of a horsepower rated on -off switch, or hand -off -auto switch as specified with a pilot light and overload element(s) in the same enclosure. Where the starter is installed in public areas, it shall be in a recessed box with a stainless steel coverplate. PART 3- EXECUTION 3.01 Equipment Wiring: A. Connect complete for operation all items of heating, air conditioning, plumbing and all other electrical devices furnished by the Owner or under other Divisions of the specifications. Outlets of various types have been indicated at equipment locations, but no indications of exact location or scope of the work are shown on the drawings. Refer to the r Owner and to the various Contractors for the work under the other Divisions for the scope of connections to equipment furnished by them and for the exact locations of all items. Request of the Owner and the aforementioned suppliers and contractors all rough -in drawings required for proper installation of the electrical work, in ample time to permit �. preparation of the drawings and thus avoid delays on the job. B. Where disconnect switches or circuit breakers are not provided integral with control equipment for motors and other electrical appurtenances, provide and install all disconnect switches required by the National Electrical Code and/or indicated. 3.02 Temperature Controls: A. Completely connect for operation all items for temperature controls which require electrical connections, furnishing all wiring, conduit and labor. Refer to the mechdnical plans, mechanical specifications, mechanical contractor and temperature control contractor to determine the exact extent and requirements of the controls. END OF SECTION l' 16007 2 SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Closeout Procedures. B. Final Cleaning. C. Project Record Documents. D. Operation and Maintenance Data. E. Warranties and Bonds. F. Spare Parts and Maintenance Materials. 1.02 RELATED REQUIREMENTS A. General Conditions: Fiscal provisions, legal submittals, and other administrative requirements. 1.03 CLOSEOUT PROCEDURES A. Comply with procedures stated in General Conditions of the contract for issuance of Certificate of Substantial `Completion. B. When Contractor considers Work has reached final completion,submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Construction Manager's or Architect inspection. C. In addition to submittals required by the conditions of the Contract, provide submittals required by governing authorities, and submit a final statement of accounting giving total adjusted Contract Sum, previous payments, and sum remaining due. D. Construction Manager or Archictect will issue a final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order. 1.04 FINAL CLEANING A. Execute prior to final inspection. B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. Clean equipment and fixtures to a sanitary condition, clean or replace filters 01700 1 r+ w PIN of mechanical equipment. Clean roofs, gutters, downspouts, and drainage systems. C. Clean site; sweep paved areas, rake clean other surfaces. D. Remove waste and surplus materials, rubbish, and construction facilities from the Project and from the site. 1.05 PROJECT RECORD DOCUMENTS A. Store documents separate from those used for construction. B. Keep document current; do not permanently conceal any work until required information has been recorded. C. At Contract closeout, submit documents with transmittal let containing date, Project, title, Contractor's name and address, list of documents, and signature of Contractor. 1.06 OPERATION AND MAINTENANCE DATA A. Submit two sets prior to final inspection, bound in 8-1/2 x 11 inch three-ring side binders with durable plastic covers. 1.07 WARRANTIES AND BONDS A. Provide duplicate, notarized copies. Execute Contractor's submittals and assemble documents executed by subcontractors, suppliers, and manufacturers. Provide table of contents and assemble in a binder with durable plastic cover. B. Submit material prior to final application for payment. For equipment put into use with Owner's permission during construction, submit within,10 (ten) days after first operation. For items of Work delayed materially beyond Date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.08 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, and maintenance materials in quantities specified in each Section, in addition to that used for construction of Work. Coordinate with Owner, deliver to Project site and obtain receipt prior to final payment. END OF SECTION 7 01700 r- 2 kl SECTION 07213 BATT AND BLANKET. INSULATION PART 1 GENERAL 1.01 WORK INCLUDED A. Batt insulation and vapor barrier in ceiling and wall construction and other locations. 1.02 REFERENCES A. FS HH-I 521 - Insulation Blankets, Thermal Type II. 1.03 SYSTEM DESCRIPTION A. Materials of this Section shall provide a thermal and vapor adn air barrier at building enclosure elements. 1.04 SUBMITTALS A. Submit manufacturer's installation instructions under provisions of Section 01300. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Owens-Corning B. Johns -Manville C. Certain Teed D. Substitutions: Under provisions of Section 01600. 2.02 MATERIAL A. Batt Insulation: FS HH-1-521; performed glass fiber batt; Type II with nori-reflective covering on one side. PART 3 EXECUTION 3.01 PREPARATION A. Verify adjacent materials are dry and ready to receive installation. 07213 1 B. Verify mechanical and electrical services within walls have been installed and tested. 3.02 INSTALLATION A. Install batt insulation in accordance with manufacturer's instructions. B. Trim insulation nearly to fit spaces. Use batts free of damage. C. Fit insulation tight in spaces and tight to exterior side of mechanical and electrical services within the plane of insulation. Leave no gaps or voids. 3.03 SCHEDULE A. 2.1 /2" unfaced fiberglass batt insulation placed full height in all drywall around perimeter separation from finished to unfinished spaces. B. There is no ceiling insulation because of plenum return above ceiling. 07213 2 SECTION 0811.1 STANDARD STEEL DOORS AND FRAMES PART1 GENERAL 1.01 WORK INCLUDED A. Non -rated and fire rated rolled steel doors, panels and frames. B. Interior light frames. C. Schedule on Drawings. 1.02 RELATED WORK A. Section 08210 - Wood Doors. B. Section 09900 painting: Field painting of doors and frames. 1.03. REFERENCES A. ASTM E152 - Methods of Fire tests of Door Assemblies. B. DHI - Door Hardware Institute: The Installation of Commercial Steel Doors and Steel Frames, Insulated Steel Doors in Wood Frames and Builder's Hardware. C. NFPA 80 - Fire Doors and Windows. D. NFPA 252 - Standard Steel Doors and Frames. E. SDI-100 - Standard Steel Doors and Frames. F. SDI - 105 - Recommended Erection Instructions for Steel Frames. G. UL 10B - Fire Tests of Door Assemblies. 1.04 QUALITY ASSURANCE A. Conform to requirement of SDI-100. B. Fire rated door panel and frame construction to conform to NFPA252. C. Installed frame and door assembly to conform to NFPA 80 for fire rated class indicated in Schedule on Drawings. 1.05 REGULATORY REQUIREMENTS A. Conform to Uniform Building Code for fire rated frames and doors. 1.06 SUBMITTALS A. Submit shop drawings and product data under provisions of Section 01300. 08111 1 r B. Indicate frame configuration, anchor types and spacings, location of cutouts for hardware, reinforcement, and finish. C. Indicate door elevations, internal reinforcement, closure method, and cut outs for glazing. D. Submit manufacturer's installation instructions under provisions of Section 01300. 1.07 DELIVERY, STORAGE AND PROTECTION A. Protect products under provisions of Section 01600. B. Protect doors and frames with resilient packaging. C. Break seal on -site to permit ventilation. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Republic Steel, Inc. J B. Substitutions: Under provisions of Section 01600. 2.02 DOORS AND FRAMES A. Exterior Doors: SDI-100; 18 gage. B. Interior Doors: SDI-100 Grade 18 gage. C. Exterior Frames: 16 gage thick material, core thickness to suit grade and model of door. D. Interior Frames: 16 gage thick material, core thickness to 7 suit grade and model of door. 2.03 DOOR CORE 7 A. Core: Impregnated cardboard honeycomb. _ 2.04 ACCESSORIES A. Rubber Silencers Resilient rubber. B. Glazing Stops: Rolled steel channel shape, mitered corners; prepared for countersink style tamperproof screws. 2.05 PROTECTIVE COATINGS A. Primer: Zinc chromate type. i 2.06 FABRICATION �^ A. Fabricate frames as welded unit. B. Fabricate frames and doors with hardware reinforcement plates welded in place. Provide mortar guard boxes. I' 08111 7 1 2 C. Reinforce frames wider than 48 inches with roll formed steel channel fitted tightly into frame head, flush with top. D. Prepare frame for silencers. Provide three single rubber silencers for single doors and mullions of double doors on strike side, and two single silencers on frame head at double doors without mullions. E. Attach fire rated label to each frame and door unit. F. Close top edge of exterior door flush with inverted steel channel closure. Seal joints watertight. G. Fabricate frames for masonry wall coursing with 4 inch head member. 2.07 FINISH A. Interior Units: 0.60 oz/sq ft galvanized. B. Exterior Units: 1.25 oz/sq ft galvanized. C. Primer: Baked on. PART 3 EXECUTION 3.01 INSTALLATION A. Install frames in accordance with SDI-105. B. Install doors in accordance with .DHI. C. Coordinate with masonry wall construction for anchor placement. D. Coordinate installation of glass and glazing. E. Install roll formed steel reinforcement channels between two abutting frames. Anchor to structure and floor. 3.02 TOLERANCES A. Maximum diagonal Distortion: 1/16 inch measured with straight edge, corner to comer. 3.03 ADJUSTING AND CLEANING A. Adjust hardware for smooth and balanced door movement. 3.04 SCHEDULE ON DRAWINGS END OF SECTION 08111 3 r SECTION 08210 WOOD DOORS PART1 GENERAL 1.01 WORK INCLUDED A. Standard and fire and fire rated type wood doors, with flush faces. B. Install door hardware. 1.02 RELATED WORK A. Section 08111: Hollow metal frames. B. Section 08700: Door hardware. C. Section 08800: Glass and glazing for doors. 1.03 REFERENCES STANDARDS A. AWI Quality Standards of Architectural Woodwork Institute. 1.04 SHOP DRAWINGS AND PRODUCT DATA A. Submit shop drawings and product data in accordance with Section 01340. B. Indicate general construction, jointing methods, hardware ., location, and locations of cut-outs for glass. 1.05 GUARANTYMARRANTY A. Provide written guarantee in accordance with Section 01300. B. Guarantee: Provide for replacing (including cost of rehanging and refinishing, at no cost to Owner, wood doors exhibiting defects in materials or workmanship including warp and de -lamination within minimum period of 2 years from date of substantial completion of the work. Solid Core Doors guarantee: extended to life installation and included cost of rehanging and refinishing. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Acceptable Manufacturers 1. Weyerhauser 2. Glen Mar B. Substitutions: Items of same function and performance are acceptable in conformance with Section 01600 t I 08210 r 1 2.02 DOORS TYPE (S) A. Flush faced type wood doors. 2.03 DOORS A. Flush Interior Doors: 1-3/4 inches thick; solid core construction with Oak species face veneers; custom grade; face veneers: stain grade. 2.04 FABRICATION A. Fabricate standard type doors in accordance with requirements of AWI Quality standards. B. Fabricate fire rated doors in accordance with requirements of Underwriters' Laboratories (UL). C. Provide doors with minimum 3/4 inch thick edge strips, of wood species to match face veneers. D. Make cut-outs and provide stops for glass. E. Provide astragals for double doors. Provide in accordance with UL requirements. F. Bevel strike edge of single acting doors 1/8 inch in 2 inches. Radius strike edge of double acting swing doors 2-1/8 inches. G. Prepare doors to receive hardware. Refer to Section 08700 for hardware requirements. PART 3 EXECUTION 3.01 INSTALLATION A. Install wood doors plumb and square, and with maximum diagonal distortion of 1 /16 inch. install hardware in accordance with requirements of Section 08700. B. Coordinate installation of glass and glazing in wood doors. END OF SECTION 08210 2 E l 1 SECTION 08700 HARDWARE PART1 GENERAL 1.01 WORK INCLUDED A. Hardware for interior and exterior doors, other than specified in specific door Sections. B. Thresholds and weatherstripping for exterior doors. C. Door Schedule on Drawings. 1.02 RELATED WORK A. Section 09260 - Gypsum Board Systems: Blocking for anchorage of hardware and accessories. B. Section 08111 - Standard Steel Doors and Frames: Hollow metal doors. 1.03 REFERENCES A. ANSI A115.2 - Door and frame Preparation for Bored or Cylindrical Locks for 1-3/4 inch Doors. B. ANSI A115.3 - Door and Frame Preparation for Bored or Cylindrical Locks for 1-3/8 inch Doors. C. ANSI A115.4 - Door and Frame Preparation for Lever Extension Flush Bolts. D. ANSI A115.5 - Frame Preparation for 181 & 190 Series Deadlock Strikes. E. ANSI All 5.9 - Door and Frame Preparation for Closer, Offset Hung, Single Acting. F. ANSI A156.1 - Butts and Hinges. G. ANSI A156.2 - Locks and Lock Trim. H. ANSI AI56.3 - Exit Devices.. 1. ANSI AI56.4 - Door Controls (Closers). J. ANSI AI56.6 - Architectural Door Trim. K. ANSI AI56.7 - Template Hinges. F. ANSI A156.8 - Door Controls ( Overhead Holders). 1.04 SUBMITTALS A. Submit Shop Drawings and product data under provisions of Section 01300. B. Indicate locations and mounting heights of each type of hardware. C. Supply templates to door and frame manufacturer to enable proper and accurate sizing and location of cut outs for hardware. 08700 I! D. Submit samples of each type of hardware required for job, under provisions of Section 01300. E. Indicate required style and finish. 1.05 KEYING A. Doors Locks keyed to existing master and grand master system. B. Supply 3 keys for each lock, Supply six keys for each keyed group. 1.06 OPERATION AND MAINTENANCE DATA A. Provide Architect/Engineer with manufacturer's parts list and maintenance instructions under provisions of Section 01700 foreachtype of hardware supplied and necessary wrenches and tools required for proper maintenance of hardware. PART 2 PRODUCTS 2.01 HARDWARE A. Provide items as listed in schedule at end of this Section, complete to function as intended. 2.02 ACCEPTABLE MANUFACTURERS A. See Schedule. B. Substitutions: Under provisions of Section 01600. PART 3 EXECUTION 3.01 INSTALLATION A. Install hardware in accordance with manufacturer's recommendations, using -proper templates. 3.02 HARDWARE SCHEDULE A. See Drawings - Match Existing. END OF SECTION 08700 2 ' SECTION 09260 GYPSUM BOARD SYSTEMS PART1 GENERAL 1.01 WORK INCLUDED A. Metal framing required for gypsum board. B. Blocking. C. Prefinished vinyl covered gypsum board. D. Gypsum board. E. Acoustical sealant. F. Taped and sand joint treatment. 1.02 RELATED WORK A. Section 09900 - Painting 1.03 REFERENCES A. GA 216- Recommended Specifications for the Application and Finishing of Gypsum Board. B. ASTM C754 - Installation of Steel Framing Members to Receive Screw -attached Gypsum Wallboard, Backing Board, or Water -Resistant Backing Board. C. FS HH-1-521 D - Insulation Blankets, Thermal Mineral Fiber, for Ambient Temperatures. 1.04 QUALITY ASSURANCE A. Perform gypsum board systems work in accordance with recommendations of ASTM C754 and. GA 216 unless otherwise specified in this Section. B. Keep copy of GA 216 in field office for duration of project. PART 2 PRODUCTS 2.01 METAL FRAMING A. Provide metal framing materials in accordance with GA 216. B. Studs: screw -type C-shaped 25 gage; 2.1/2" typical. C. Runners: Match studs. D. Furring Members: Screw -type Hat -shaped 25 gage. E. Channels and Hanger Wire: GA 216. F. Fasteners and Anchorages: GA 216. 2.02 METAL FRAMING ACCESSORIES 09260 1 A. Blocking 1-1/2 inch steel channels. B. Lateral Bracing- 1 1/2" steel channels placed at maximum, 6'0" on center, vertically. C. 2 x 12 Wood Blocking -Yellow Pine 2.03 GYPSUM BOARD A. Provide gypsum board materials in accordance with recommendations of GA 216. B. Standard Gypsum Board: 5/8 inch thick; maximum permissible length. C. Fire Rated Gypsum Board: UL rated; 5/8 inch thick; maximum permissible length, installed at all corridor walls & in all one -hour buildings. D. Prefinished Vinyl Covered Gypsum Board to match existing, or as selected; 5/8 inch thick; 9'-0" length. 2.04 GYPSUM BOARD ACCESSORIES A. Provide gypsum board accessories in accordance with GA 216. B. Corner Beads: Metal. USG Durabead. C. Edge TRIM USG No. 400 at dissimilar materials. D. Reinforcing Tape, Joint compound, Adhesive, Water, Fasteners: GA 216. E. Prefinished Corner Trim: Inside & Outside Corner trim to match Vinyl Products from same manufacturer, unless otherwise approved. 2.05 ACOUSTICAL ACCESSORIES A. Acoustical Insulation: Preformed mineral wool, FS-HH-1-521; friction fit type without integral vapor barrier membrane; 3 1 /2 inch thickness. B. Acoustical Sealant: Type recommended for use in conjunction with gypsum board; manufactured by Tremco. PART 3 EXECUTION 3.01 METAL FRAMING ERECTION - GENERAL A. Erect metal framing in accordance with ASTM C754. B. Install members true to lines and levels to provide surface flatness with maximum variation of 1/8 inch in 10 feet in any direction. 3.02 METAL STUDS ERECTION 09260 2 r A. Metal Studs: 16 inches on center. B. Partition Heights: Full height to floor or roof construction above. C. Door Opening framing: Install double studs at door frames jambs. Install runners on each side of opening at frame head height between jamb studs and adjacent studs. Screw double studs together at 24" oc. minimum. D. Blocking: Bolt or screw steel channels to studs. Install blocking for support of plumbing fixtures, toilet partitions, wall cabinets, toilet accessories, hardware. E. Coordinate installation of bucks, anchors, blocking, electrical and mechanical work which h is to be planed in or behind partition framing. Allow such items to be installed after framing is complete. 3.03 WALL FURRING INSTALLATION A. Erect wall furring directly attached to concrete block, concrete, and other masonry walls. B. Erect Furring channels vertically. Secure in place on alternate channel flanges at maximum 24 inches on center. C. Space furring channels maximum 16 inches on center, not more than 4 inches from floor and ceiling lines. Abutting walls. 3.05 CEILING FRAMING INSTALLATION A. Coordinate location of hangers with structure. 3.06 GYPSUM BOARD INSTALLATION A. Install gypsum board in accordance with recommendations of GA 216. B. Erect single layer standard gypsum board in direction most practical and economical, with ends and edges occurring over firm bearing. C. Erect single layer fire rated gypsum board vertically, with edges and ends occurring over firm bearing. D. Erect exterior gypsum sheathing board horizontally, with edges butted tight and ends occurring over firm bearing. E. For double layer applications, use gypsum backing board for first layer, placed perpendicular to framing or furring members. Use fire rated gypsum backing board for fire rated partitions. Place second layer perpendicular to first layer. Ensure joints of second layer do not occur over joints of first layer. F. Use screws when fastening gypsum board to metal furring or framing. Use screws when fastening gypsum board to wood 09260 3 furring or framing. G. For double layer applications, secure second layer to first with fasteners. Apply adhesive in accordance with manufacturer's instructions. H. Treat cut edges and holes in moisture resistant gypsum board with sealant. I. Place control joints to be consistent with lines of building spaces as directed by Architect/Engineer. J. Place corner beads at external corners. Use Longest practical lengths. Place edge trim where gypsum board abutts dissimilar materials. K. Tape, fill, and sand exposed joints, edges, corners, openings and fixings, to produce surface ready to receive surface finishes. Feather coats onto adjoining surfaces so that cover is maximum 1/16 inch. L. Remove and re -do defective work. 3.07 ACOUSTICAL ACCESSORIES INSTALLATION A. Place acoustical insulation in partitions tight within spaces, around cut openings, behind and around electrical and mechanical items within or behind partitions, and tight to items passing through partitions. B. Place acoustical sealant within partitions in accordance with manufacturer's instructions. Install acoustical sealant at gypsum board perimeter at: 1. Metal Framing: Two beads. 2. Face layer. 3. Caulk all penetrations of partitions by conduit, pipe, ductwork, rough -in boxes. 3.08 WOOD BLOCKING INSTALLATION A. Install 2 x 12 wood blocking at appropriate elevations to receive attachments and provide support'for hardware, accessories, toilet stalls, door stops, janitorial equipment, and other similar equipment related to this project. B. It is the responsibility to coordinate with the General Contractor and the Owner prior to board installation. C. If coordination with Owner and General Contractor has not been made, it shall be the responsibility of this contractor to remove the installed board and install proper blocking. D. Blocking shall be screwed in place through the metal studs, and shall be centered on the appropriate height of equipment. END OF SECTION 09260 4 SECTION 09510 r- ACOUSTICAL CEILINGS PART1 GENERAL 1.01 WORK INCLUDED A. Non -fire rated and suspended metal grid system complete with wall trim. B. Lay -in ceiling tiles, boards; Non -Fire rated. 1.02 RELATED WORK A. Section 16000 - Electrical: Lighting fixtures within ceiling system. B. Section 15000 - Mechanical: Air Diffusers within ceiling system. 1.03 SUBMITTALS A. Submit shop drawings of acoustical ceiling system under provisions of Section 01300. 1.04 ENVIRONMENTAL REQUIREMENTS A. Do not install acoustical ceilings until building is enclosed, sufficient heat is provided, dust generating activities have terminated, and overhead mechanical work is completed, tested, and approved. B. Permit wet work to dry prior to commencement of installation. C. Maintain uniform temperatures of minimum 61 degrees F (17 degrees C) and humidity of 20 percent to 40 percent prior to, during, and after installation. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. USG B. Armstrong Equivalent C. Substitutions: Under provisions of Section 01600. 2.02 SUSPENSION SYSTEM 09510 1 1 I. A. Type and Manufacturer: DX Non -Fire Rated manufactured by Donn Corporation, conforming to ASTM C-635 intermediate duty system. B. Grid: Non -Fire rated exposed T; all components die cut and interlocking. 15/16 inch wide flange, double webb, intermediate duty. C. Accessories: Stabilizer bars, furring clips; splices; edge moldings; as required to complete and complement suspended ceiling grid system D. Materials/Finish: Commercial quality cold rolled steel galvanized coating; Paint finish on exposed surfaces. E. Carrying Channels and Hangers: Primed steel; size and type to suit application and to rigidly secure the complete acoustic unit ceiling system, with maximum deflection of 1/360. 2.03 ACOUSTICAL PANEL SCHEDULE A. Type AP-1: 24 inch x 48 Inch size x 5/8 inch thick; mineral fiber composition; fiat shape; square cut edges; Natural Fissured II Auratone, item no. 56705 as manufactured by USG; or Match existing. PART 3 EXECUTION 3.01 INSTALLATION A. Install acoustical ceiling systems in accordance with manufacturer's recommendations to produce -finished ceiling true to lines and levels and free from warped, soiled, or damaged grid or lay -in panels. B. Install fire rated ceiling systems in accordance with UL requirements. C. Install ceiling systems in a manner capable of supporting all superimposed loads, with maximum permissable deflection of 1/360 of span and maximum surface deviation of 1/8 in 10 feet. END OF SECTION 09510 2 .• I SECTION 09900 �- PAINTING PART 1 GENERAL 1.01 WORK INCLUDED A. Prepare surfaces which are to receive finish. B. Paint steel door frames. Stain & finish wood doors to match Existing. () 9 1.02 RELATED WORK A. Section 08111 - Standard Steel Doors and Frames. !� B. Section 08210 - Wood Doors. 1.03 SUBMITTALS A. Identify each samples as to finish, formula, color name and number, and sheen name, and gloss units. B. Colors to be selected by Construction Manager or Architect prior to commencement of work. row 11, 1.04 DELIVERY, STORAGE AND HANDLING �- A. Deliver paint materials under provisions of Section 01600 in sealed }� original labeled containers, bearing manufacturer's name, type of paint, brand name, color designation and instructions for mixing and/or 71 reducing. B. Provide adequate storage facilities. Store paint materials at minimum ambient temperature of 45 degrees F in well ventilated area. C. Take precautionary measures to prevent fire hazards and spontaneous combustions. 1.05 ENVIRONMENTAL REQUIREMENTS A. Ensure surface temperatures or the surrounding air temperature is above 40 degrees F before applying finishes. Minimum application temperature for latex paints for interior work is 45 degrees F and 50 degrees F for exterior work. B. Provide adequate continuous ventilation and sufficient heating facilities to maintain temperatures above 45 degrees F for 24 hours before, during and 48 hours after application of finishes. 1� 09900 1 C. Provide minimum 25 foot candles of lighting on surfaces to be finished. 1.06 EXTRA STOCK A. Leave on premises, where directed by Construction Manager than one of each color used. B. Containers to be tightly sealed and clearly labelled for identification. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Pittsburgh Paints B. Kelly -Moore Paints C. Substitutions: Under provisions of Section 01600. 2.02 MATERIALS A. Paint: Type and brand listed herein or equivalent products manufactured by Kelly -Moore, approved by Construction Manager. PART 3 ` EXECUTION 3.01 INSPECTION A. Thoroughly examine surfaces scheduled to be painted prior to commencement of work. Report in writing to Construction Manager or Architect, any condition that may potentially affect proper application. Do not commence until such defects have been corrected. B. Correct defects and deficiencies in surfaces which may adversely affect work of this Section. 3.02 PROTECTION A. Adequately protect other surfaces from paint and damage. Repair damage as a result of inadequate or unsuitable protection. B. Furnish sufficient drop clothes, shields and protective equipment to prevent spray or droppings from fouling surfaces not being painted and in particular, surfaces within storage and preparation area. C. Place cotton waste, cloths and material which may constitute a fire hazard in closed metal containers and remove daily from site. D., Remove electrical plates, surface hardware, fittings and fastenings, prior to painting operations. These items are to be carefully stored, cleaned 09900 2 ±I k and replaced on completion of work in each area. Do not use solvent to clean hardware that may remove permanent laquer finish. 3.03 PREPARATION A. Remove mildew, by scrubbing with solution of tri-sodium phosphate and bleach. Rinse with clean water and allow surface to dry completely. B. Remove surface contamination and oils from primed surfaces and wash with solvent. C. Remove grease, rust, scale, dirt and dust from steel and iron surfaces. Ensure steel surfaces are satisfactory before paintfinishing. D. Clean unprimed steel surfaces by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring weld joints, bolts and nuts are similarly cleaned. Prime surfaces to indicate defects, if any. Paint after defects have been remedied. E. Sand and scrape shop primed steel surfaces to remove loose primer and rust. Feather out edges to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime bare steel surfaces. 3.04 APPLICATIONS A. Apply each coat at proper consisitency. B. Each coat of paint is to be slightly darker than preceeding coat unless otherwise approved by Construction Manager or Architect. C. Sand lightly between coats to achieve required finish. D. Do not apply finishes on surfaces that are not sufficiently dry. E. Allow each coat of finish to dry before following coat is applied, unless directed otherwise by manufacturer. 3.05 CLEANING A As work proceeds and upon completion, promptly remove paint where spilled, splashed, or spattered. B. During progress of work keep premises free from any unnecessaryaccumulation of tools, equipment, surplus material, and debris. C. Upon completion of work, leave premises neat and clean, to the satisfaction of Construction Manager or Architect. 09900 3 3.06 PAINTING AND FINISHING -INTERIOR METALS (Previously Finished) A. Apply one coat of Paso` Surface Conditioner. Apply two coats Kel -Cote Semi -Gloss Enamel #1630 by Kelly -Moore Products or approved equal on pre -primed steel materials. 3.07 PAINTING AND FINISHING -INTERIOR METALS (New) A. Apply one coat primer #970 Vinyl Primer. Apply two coats Kel -Cote Semi -Gloss Enamel #1630 by Kelly -Moore Products or approved equal on pre -primed steel materials. 3.08 PAINTING AND FINISHING - INTERIOR WOOD DOORS ( New) A. Apply one coat stain, # 2152 Interior Wiping Stain. Apply one coat sealer, #2163 Fill-N-Finish Clear Sealer. Apply two Coats varnish, #40 Eggshell Varnish. END OF SECTION 09900 4