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HomeMy WebLinkAboutResolution - 4298 - Contract - Anthony Mechanical Inc - HVAC Upgrade, Fire Station #11 - 10_28_1993Resolution No. 4298 October 28, 1993 Item #19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Anthony Mechanical, Inc. of Lubbock to furnish and install all materials as bid for the HVAC Upgrade -Fire Station #11 for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council tt ATTEST: etty o nson, ity Secretary APPROVED AS TO CONTENT: L`54� J" - �cto m n, Purchasing Manager APPROVED AS TO FORM: uonaia u. vanaiver, rirs Assistant City Attorney DGV:dp\AGENDA-D2\ANTH0NY.RES October 20, 1993 CITY OF LUBBOCK SPECIFICATIONS FOR HVAC UPGRADE FIRE STATION #11 BID #12707 =1 CITY OF LUBBOCK Lubbock, Texas""�-# 4zo[� CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: HVAC UPGRADE FIRE STATION #11 ADDRESS: H STREET, LUBBOCK, TEXAS BID NUMBER: 12707 PROJECT NUMBER: 1411-552190-9808 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1 INDEX PAGE 1. NOTICE TO BIDDERS..........................................................................................5 2. GENERAL INSTRUCTIONS TO BIDDERS............................................................................7 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................15 4. PAYMENT BOND..............................................................................................21 5. PERFORMANCE BOND..........................................................................................25 6. CERTIFICATE OF INSURANCE..................................................................................29 7. CONTRACT..................................................................................................33 8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................37 9. CURRENT WAGE DETERMINATIONS...............................................................................55 10. SPECIFICATIONS............................................................................................57 11. SPECIAL CONDITIONS........................................................................................59 12. NOTICE OF ACCEPTANCE......................................................................................61 r w NOTICE TO BIDDERS r NOTICE TO BIDS BID # 12707 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, until 2:00 o'clock p.m. on the 7th day of October. 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: HVAC UPGRADE - FIRE STATION #11 After the expiration of the time and date above first written, said sealed bids 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 28th day of October, 1993, at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B 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. e 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 ft 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. .o 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 30th day of September, 1993, at 10:00 o'clock a.m., 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. C Y OF LUB CK Ron Shuffield SENIOR BUYER REQUEST FOR BIDS BID #12707 Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas 79401 until 2:00 o'clock p.m. on the 7th day of October. 1993, or as changed by the issuance of formal addenda to all proposers. HVAC UPGRADE - FIRE STATION #11 r The specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. ,., Attention of each supplier 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 supplier'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 vendor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all suppliers that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a prebid conference on the 30th day of September, 1993, at 10:00 a.m., in Conference Room #108, 1625 13th Street, Lubbock, Texas. Ron Shuffiel su Senior Buyer r- E' GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the HVAC UPGRADE OF FIRE STATION #11, H Street, Lubbock, Texas. r' 2. CONTRACT DOCUMENTS i All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (SIXTY) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID r The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract.has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed Jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. r.F L 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES it shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. ►+ In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work_of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall'not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the r` work is in progress under'this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the r" General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall r " contain an agreement on the part of the insurer waiving the right to subrogation. f. r` The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement fran the Contractor to the effect that no work on this particular,project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to,correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each o/ his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not Less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set-forth,in the schedule of general prevailing rate of per diem wages included in these contract documents. BID PROPOSAL t BID PROPOSAL LUMP PRICE CONTRACT FLACE: FIRE STATION 911, H STREET, LUBBOCK, TEXAS rATE: /D — % — 413 ROJECT NUMBER: 12707 - HVAC UPGRADE - FIRE STATION 011 LUBBOCK TEXAS I^roposal of A.)7-A40Ny In 6e#,4,d/GAG 11 1406. (hereinafter called Bidder) II. To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) itent lemen: a The Bidder, in compliance with your invitation for bids for the construction of a /-/ VA C. 1.Z Pz; A -e E r i� x E S-7A T/o AJ // .8/,o / a 7 0 7 aving carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related ontract documents and the site of the proposed work, and being familiar with ell of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, terials, 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 t io& required under the contract documents. ,IATERIALS: �UJeA1TH �oGG�C �f/oGlS.4N/J 'iLaJ� //LLAJD2E.o G/F%�1 (E eaC T'0�Z ERVICES: -2Qeui zy T!/aee- Tf, easAyo '% f/&ee= lygAigseo (s a 3, 300, Oa) TOTAL BID: 4,0Ty Se0e,- Ti,01,0atAAln �/i/� /lit,cfoeen FlF7�((S 'Y" 7�_550,40 ) 71Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) 1 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 $100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth 7ereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. LBidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. tThe Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. 16 The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the Work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the sum of ,5% a< axen>rsr A,n T. Dollars (S Sg• ), 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 or bonc shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. I P" Contractor BY: W `EZ V r (Seal if Bidder-U a Corporation) ATTEST: L_. Secretary I r 17 4. E. E. LIST OF SUBCONTRACTORS This for shall be compteted and submftted with the B dder's r a � �Ms 1. l+ e� E 1. Deu-r- L T rilC Co . 2. No uj H c.C_ Al SCL la Ti o N Co 1 4. 5. 6. 7� r 8. [. 9. 10. i l: Minority Owned Yes No I The Q FIDELITY AND DEPOSIT COMPANY OF MARYLAND ° COLONIAL AMERICAN CASUALTY AND SURETY COMPANY CompaNes HOME OFFICES: P.O. BOX 1227 BALTIMORE, MD 21203 r BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, __ANTHONY MECHANICAL, INC. (Here insert the name and address or legal tide of the Contractor) as Principal, (hereinafter called the "Principal"), and_FIDELITY AND DEPOSIT COMPANY OF MARYLAND of Baltimore, Maryland, a corporation duly organized (Here insert the name of the Surety) under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety") are held and firmly bound unto CITY OF LUBBOCK� (Here insert the name and address or legal tide of the Owner) ---__—._as Obligee, (hereinafter called the "Obligee"), in the sum of_'IyFTERCENT OF THE GREATEST AMOUNT BID --------- _Dollars ($-------5%-----), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for___ Hy_AC UPGRADE FIRE STATION #11____���___ NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this7TH _-_—--__,�-_- may of OCTOBER —LAD, 19 93 ANTHONY MECHANICAL ING. l pincipal Witness Title IM FIDELITY AND DEPOSIT COMPANY OF MARYLAND ❑ COLONIAL AMERICAN CASUAL Y AND SURECOMPANY Surety j y B(SEAL) ttt Witness KEVIN J . D A ORNEY 1f&-FACT C325b(rX)—IM, 10-92 236706 , Conforms to American Institute or Architects Document A-310, February 1970 Edition. Fidelity and Deposit Company OF MARYLAND Colonial American Casualty and Surety Company HOME OFFICES: BALTIMORE BID BOND o x owa E p PLEASE READ YOUR BOND f -� The FIDELITY AND DEPOSIT COMPANY OF MARYLAND e Q COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Comp�rdes HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President, [[ and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side Whfand are hereby certified to be in full force and effect on the date hereof, do.hereby nominate,:onstitute an gint.Howowan and Kevin J. Dunn, both of Lubbock, Texas, EACH.. �.. . .. ................. the true and lawfulagent and Attorney in -Fact of each, to xecute, deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and takin ° XCEPT bonds on behalf of Independent Executors, Community S vors a mmunity Guardians........... XIITMeexecutlon o suc bonds or undertakings in nce of th sents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if the ° a een duly a ed and acknowledged by the regularly elected officers of the respective Companies at their offices in B• e, Md., " own proper persons. This power of attorney revokes that issued on beha Howal wan, etal, dated February 18, 1991. IN WITNESS WHEREOF, the said Vi tdents an ant Secretaries have hereunto subscribed their names and axed the Corporate Seals of the said FID AND affixed DE� COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this------------------------� St----v_------------day Of -------------------- J$IIlh3xj�-------- ------------- A.D. 19.42 ATTEST: *-ELITY AND DEPOSIT COMPANY MAR AND lr OAI) - -- BY------------ - -- - ----- - - - Assistant Secretary K e-President COLONIAL AMERICAN CASUALTY AND SEALf —-- -S4VPretide; PY BY --- --- -------------- ------- e-P ----- - - ista t Secretary ns rSTATE OF MARYi CIVb I I CITY OF BALTIMORE 4 SS' On this 1 St day of January A.D. 1992 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. ` IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Galt re and t above written. ___ _ ____ _ _ _ _________ vt MOfAI! f ary Public Carol J. Fader �w +" My commission expires ---- August --- I ...... 992-------------- _ CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -Presidents who executed the said Power of Attorney were Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed." ` IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ----Z8TH_--day of ---- OCTOBER------------------------- 19__93. (4d� X.SCk�+ 168-5048 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article V1, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." L1419c(TX)—Ctf. PAYMENT BOND r STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 r., OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 t KNOW ALL MEN BY THESE PRESENTS, tha� dm (hereinafter called the Principal(s),,as Principal(s), and (hereinafter called the Sur ty(s), as S et (s , re hhe`ld and i7ty bound unto the City of Lubbock (hereinafter called the jy�aw� .tI+CG 6 iu r-.� as Obligee), in the amount of �- Dollars (S 47 lawful money of the United States for the payment whereof, the sa-d r!ncipal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of r•. 1 to I� VA-e- V-1pla-i Z c6 J�4LX —e6L� and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then; r this obligation shall be void; otherwise to remain in full force and effect; F F PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil r Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. — I W TNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this �' YAV day ofJandmA,19 61a Surety � Y k Principal *By: (Title) By: W.0 �.., .�. f-1OW ARD COWAN (Title) Prestde,,f- ATTY IN FACT By: BOND CHECK (Title) BEST RATING !^ By: LICENSED IN TEXAS (Title) DATE "191 BY VON ARP C)&P4 Fsigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. A Sur ty * BY: — _HOWARD COWAN ATTY IN FACT (Title) Approved as to form: City of Lubbock �e7, By Cityorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. PERFORMANCE BOND d )10 . 3o4 3ss6� STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 KNOW ALL MEN BY THESE PRESENTS, that ki (hereinafter called the Principal(s), as Principal(s), and (hereinafter call the Surety(s), as Su et (s>, a hel nd rm�y bo to the City of Lubbock (hereinafter called the Obligee), in the amount o o(�ars (S.Y2SSO, lawful money of the United States for the payment whereof, the saig rincipal and urety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. W r W EREAS, the Principal has entered into a certain written contract with the Obligee, dated they/day of 19 3 to ,�g qe17 - �/ VA C %jQc:g& 4�, and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. OI WITNESS WHEREO , the said Principal (a) and Surety (s) have signed and sealed this instrument thi�- day of 1`- it, -J-t g-AIV tIA-II-.fV-A".IgI v�' ���4, Surety (/ (J Princi ' • By: w� By: (Title) HOWAR� CO BAN Pre���� ATTY IN FACT (Title) By: (Title) By: (Title) !- BOND CHECK BEST RATING /44- LICENSED IN TEXAS r DATE s 93 8Y 'P-: H 01i1iA�2 b COJt�en I�Vvundersigned surety company represents that it is duly' qualified to do business in Texas, and hereby designates ^ VVdd KKan agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. f Surety *By: (Title) HOWARD COWAN Approved as to Form — ATTY IN FACT City of Lubbock By: ];;)IA City A orney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Poposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project Will be rejected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond Of required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. M All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. r a r IMPORTANT NOTICE 1 To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company's toll —free telephone number for information or to make a complaint at: 1-800-275-3528 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or Complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 I FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute f concerning your premium or about a claim, .you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. f I 58543(TX)(5/92) t. rM 0 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Compardes HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side he of and are hereby certified to be in full force and effect on the date hereof, do. hereby nominate, constitute an int How owan and Kevin J. Dunn, both of Lubbock, Texas, EACH....... .. �.. %x. the true and lawtulagent and Attorney -in -Fact of each, to 16 execute,W deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and takin °CEPT bonds on behalf of Independent Executors, Community S�'vors a mmunity Guardians........... AnZI e executtoii--oF—such bonds or undertakings in rice of sents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if*Be, een duly a ed and acknowledged by the regularly elected officers of the respective Companies at their offices in Md., ' own proper persons. This power of attorney revokes that issued on behaHowal Man, etal, dated February 18, 1991. i ° IN WITNESS WHEREOF, the said Vi idents an�tant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FID AND DER COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this------------------------U9t---yr\�.1--------------- day of— ------------------- Jantlaxy---- ------------------ A.D. 19_9Z ATTEST: OIDELITY AND DEPOSIT COMPANY MAR AND SEAL - - - - -- - -- - --f�--t�-<.4.1.�--- ^- By ----- ---- Assistant Secretary K e-President r -------------- COLONIAL AMERICAN CASUALTY ANDS TYtMPANY " , - ISEAL18 -- ------- - - - -- 1 �---�- --�j�, - By t ecretary V' :e-President STATE OF MARYCXSQb d CITY OF BALTIMORE SS: r, On this 1 S t day of January A.D. 1992 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -[tamed Vice -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official t' re lc de and t above written. ig - - -- -- - - -- -- - ' - - ------------------- --- - ry . a Pubuc Carol J. Fader MOTA 'I f � � • �,c a` My commission expires ---- Augus_t--- 1_,1-992________________ CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -Presidents who executed the said Power of Attorney were Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT tI COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1%9 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this --28TH ---- day of-- ------- OCTOBER - ----------• t9 --- 93 --- -------------------- - - - - - - ------ -------;a 168-5048 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." L1419c(Tx)=&f. CERTIFICATE OF INSURANCE F i ISSUE DATE MIDD/YY� !&OOTIRC, D �NSU "CE , [PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE THE INWEST GROUP, INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 6 DESTA DRIVE, SUITE 5550 IMIDLAND, POLICIES BELOW. TEXAS 79705 COMPANIES AFFORDING COVERAGE I COMPANY A `_,..... LETTER HIGHLAND INSURANCE COMPANY .._......, ..... ., ,,:...., , .... ... ._ _ _..,.,._.... COMPANY B INSURED LETTER ANTHONY MECHANICAL, INC. [ANTHONY zCOMPANY C MECHANICAL SERVICES, INC. LETTER _._.____............._...,_,__.._.._.____.....__......___......_.,,._.......__ ......_ .__.�..._...... ,__......, _..,,..._µ_, ..___.,_..__. ._....__. P. 0. BOX 2706 COMPANY D LUBBOCK, TEXAS 79408 LETTER _ _ ..,..._........___ ._.__._.,_.__...___._ __._. _..__.. __...._._ ._..w._, .,,.__..._.,.,__,...... ...._,_....... .-..._____.:...___._._,_ I, COMPANY E LETTER �OVEEiAGES � � N _„+fs .Su.rn.� "..«�x, ,,,..,........K.a,�.Mx.$�.a,.w��-e't�#i«-o.Y:r.:&.0 ,�4:xm.,>mas2ms „c a.��.,v.,..,.i .�o-x,K bxw.+..-e L"-+�. �#P�.6..:..,.a.--e. �.X: xw-. __�,r. N., ..,✓,.rx�v rv... 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 REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. -_...., __. .__..., .._._..,....._ ___ _.___......__,.. __.........__........ [} 1 LCIOR! TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE: POLICY EXPIRATION DATE (MM/DDIYY) ; DATE (MMIDD/YY) LIMITS GENERAL LIABILITY i GENERAL AGGREGATE $ 500 OOO , A COMMERCIAL GENERAL LIABILITY FORTHCOMING „ 1 1 / 1 /93 1 1 / 1 /94 PRODUCTS COMP/OP AGG i _..,__.. _.....__ CLAIMS MADE; X € OCCUR. PERSONAL 8 ADV. INJURY , i X OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE i SOO, OOO„ FIRE DAMAGE (Any one fire) . $ _.... _..,.,. _,_ MED. EXPENSE (Any one person) S r AUTOMOBILE LIABILITY COMBINED SINGLE i ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Par peson) HIRED AUTOS _. _.:.. BODILY INJURY i -OWNED AUTOS (Per accident) INON GARAGE LIABILITY 1� PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE i I UMBRELLA FORM AGGREGATE i 11, OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION I EACH ACCIDENT i IAND s 16ISEA8E POLICY OMIT i h EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE ; i OTHER NAMED INSURED: THE CITY OF LUBBOCK P . O . BOX 2000 LUBBOCK, TEXAS 79457 DESCRIPTION OF OPERATIONS/LOCATIONSIVENICLES/SPECIAL ITEMS RE: THE CITY OF LUBBOCK - BID #12707 - HVAC UPGRADE FIRE STATION #11 CERTIFICATE HOLDERA ANGELLATION ' CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IP. 0. BOX 2000 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE {LUBBOCK, TEXAS 79457 AA LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ri LIABILITY OF ANY KIND UPON THE COMPANY, ITS ENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /47 ,._ACQRD 25..S {7%90} • pt. ». ? zr >: ipACORD CORPORATION; PM r 7, -o rj A4 hr 0 1 be 0. n 11/1/WA PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE The InWest Group, Inc. POLICIES BELOW. 6 Des ta Drive, Suite 5550 COMPANIES AFFORDING COVERAGE Midland, Texas 79705 COMPAIN A LETTER Highland Insurance Conspan COMPANY 13 INSURED LETTER Fireman's Fund Insurance Co. ANTHONY MECHANICAL, INC. COMPANY c ANTHONY MECHANICAL SERVICES, INC i LETTER Roval Surplus Lines Ins. Co. P.O. Box 2706 COMPANY D Lubbock TX 79408 i LETTER Highland Insurance Company COMPANY E LETTER. Phoenix Assurance Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN-DICA-TED, N`OTWITHSTANDING 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. POLICY EFFECTIVE POLICY EXPIIRATION�� CO ILTR TYPE OF INSURANCE POLICY NUMBER LIMITS DATE (MM/DD/YY) DATE (MMIDDIYY) A GENERAL LIABILITY 8P0 10 1666 '710 1/93 1 7/01/94 GENERAL AGGREGATE 1111; 20113121000 X COMMERCIAL GENERAL LIABILITY if PjS_ MPIOP AGG. $ 1 U000C)0 CLAIMS MADE9D OCCUR. w PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ IUDOU00 FIRE DAMAGE (Any one fire)S 000 0 MED. EXPENSE (Any one person) S 5000 B z AUTOMOBILE LIABILITY MzA80 130551 7/0 1 /93. 7/01/944 1000000 COMBINED SINGLE$ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per per X HIRED AUTOS 4 BODILY INJURY NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE C EXCESS LIABILITY KHN006794 7/01/93 -1/0 1 /94 EACH OCCURRENCE 111 1000000 UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM -777 f BWC2244-370 7/01/93 7/01/94X STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT S 5OU660 AND DISEASE —POLICY LIMIT S 5011JU00 EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ 500000 E I OTHER JECIP998332 7/0 1/93 7/01/94 INS7ALLATION $200,000 CAT LIMIT 100,000 TRANSIT 500 DEDUCTIBLE OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS IDESCRIPTION RE: CITY OF LUBBOCK - BID #12707 - HVAC UPGRADE FIRE STATION #11 ADDITIONAL INSURED IN FAVOR OF THE CITY OF LUBBOCK A C CELLA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF LUBBOCK EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO [P. 0. BOX 2000 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LUBBOCK, TEXAS 79457 LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGE OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 7' 41, _Wff 7j=�7 -77T 7 -77 1§90 -1 3- r P CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: Type of Lubbock, Texas Project: G THIS 1S TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured 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 ----------------------------------------------•--------------------------------------------------------------------- i workmen's Compensation -- --- ------------------------ ---------•-----------•-----------------------•---•---- Owner's Protec- ------- Per Person S tive or Contin- Per Occurrence S gent Liability Property Damage E -------------------- --•----- ----------------- Contractor's Per Person $ Protective or Per Occurrence $ p^" Contingent Property Damage S Liability -------------------------------------------------------------------------------------------------------------------- Per Person S Automobile Per Occurrence S Property Damage S r --------------------------------------------------------------•----------------------------------------------------- Comprehensive General Liability S r. -------------------------------------------------------------------------------------------------------------------- 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: Title �___� �.. ___ � � _ _. �� � � c �: � : c�. cam: �_,. � �-: ter. , c �: � �. t�.._ _: � ��.�_ �. r STATE OF TEXAS Ir [ COUNTY OF LUBBOCK F 7 CONTRACT THIS AGREEMENT, made and entered into this 28th day of October, 1993, 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 ANTHONY MECHANICAL, INC. of the City of UBL BOCK, 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 #12707 - HVAC UPGRADE - FIRE STATION #11 FOR THE AMOUNT OF $47,550.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete some 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 thi Texas in the year and day first above written. ATTEST: Secreta APPROVED AS TO CONTENT: APPROVED AS TO FORM: t L ATTEST: Corporate Secretary Lubbock,'Lubbock County, J*OFCK, S P.) MAYOR. NNTHONY MECHANICAL. INC. CONTRACTOR By: �• �n. -- Title: P(c-51 COMPLETE ADDRESS: P.O. 2706 Lubbock, Texas 79408 GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word "Owner", or the expression "Party of the First Part", or "First Party", are used in this Contract, 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", is used, it shall be understood to mean the person, persons, copartnership or corporation, to wit: ANTHONY MECHANICAL, INC. who has agreed to perform the work embraced in this Contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative, representative, or Engineer is used in this contract, it shall be understood as referring to GEORGE LISENBEE, Building and Energy Management Administrator, City of Lubbock under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their nature, be specifically and cleared 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 Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. b. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, tight, power, 'fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required,'furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. ALL work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall t" accomplish this work in a manner acceptable to the Ownerss Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. on the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES r" All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. r� i 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives'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 raider this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration,as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with -the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of.this contract and shall keep on the work, during its progress,,a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor.; The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. r 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and Location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the worts; without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT 7 The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING _ The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and r testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the 7 time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the �. event that any part of the work is being fabricated or manufactured at a location where it is not convenient for I owner or Owner's Representative to make observations of such work or require testing of said work, then in such event owner or owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed i by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. 7 if any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the'site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS 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 or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. if such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. if they inCrease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accoWt ish'any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by=the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or _ Method (B) - By agreed lump sum; or Method (C) If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen 0 5%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks,'rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and alL other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he'shaLL make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a w clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included r and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of r work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. r k 1. 27.1. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall _ cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor,shall have Comprehensive General Liability insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. 4 y r B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability insurance. i The Contractor shall obtain an Owner's Protective or Contingent Public Liability insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. C. Comprehensive Automobile Liability insurance ' The Contractor shall have Comprehensive Automobile Liability insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Monownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential loss) naming the City of Lubbock as insured. E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability insurance in the amount of $500,000 with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) ' The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. r' (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or �e cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and priviliges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this -- contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing.. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the owner's Representative, he shall bear all costs arising therefrom. — r The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, k or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIOUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (One Hundred) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and P" extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction, provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. r The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. r 36. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal inJuLL recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the Liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or,by changes ordered in.the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply"in writing for an extension of.time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt.of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Councit on granting an extension of time, such disagreement shaLL be settled by arbitration as hereinafter provided. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shaLL be made by the Contractor -for hindrance or decays from any cause during the progress of any part of the work embraced in this contract except.where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the owner's Representative that is caused by such stoppage shall be paid.by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or,customary measurements of any kind wilt be eLLowed, but the actual measured or computed Length, area, solid contents, number and weight only shall be considered, unless otherwise specificaLLy provided.In the event this contract is Let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly aLL work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and _ material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY — The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shalt be liable for any and all claims for such damage on account of his failure to fulty protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or.claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall, not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary Labor, equipment and material and the,comptetion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the _ specifications and stipulations herein contained, the owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract }.. documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 1 r.r i a 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day _ after the, date of certificate of completion, the balance due Contractor under the terms of.this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part,of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. _ 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. — (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) -Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for -� arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any _ claim by either party, except where noted otherwise in the contract documents. PRO 49. 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 within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the 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 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 CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are authorized 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. 50. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the F", 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, r tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the.Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either. of the following elective manners: 7 (a) The owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or r (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However,' should the"cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail'to pay the amount due the owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (it) days from the date of said notice the owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at — either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. _ 51. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all — Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance,due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the — Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 52.` BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved — p i I Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 53. SPECIAL CONDITIONS in the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 54. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 55. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 56. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. t CURRENT WAGE DETERMINATIONS .r I r- DGV:da RESOLUTION Resolution #2502 January 8, 1987 Agenda Item #18 WHEREAS, the City Council has heretofore established the general _ prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works • .contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction'Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing •. rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. r Passed by the City Council this 8th day of January 1987. Ranett"oyd, City Secretary APPROVED T. NTENT: Bi 1 Pyne, D rector of Building Services B.C. McMINN, MAYOR APPROVED AS TO FORM: d" �IdG.iver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate AcousticalCeiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 Electrician 10.50 Electrician -Helper .5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman $5.25 Asphalt Shoveler 4.75 Concrete Finisher 7.35 Concrete Finisher -Helper 4.75 Electrician 10.50 Flagger 4.75 Form Setter 6.50 Form Setter -Helper 5.50 Laborer, General 4.75 Laborer, Utility 5.80 Mechanic 6.50 Mechanic -Helper 6.00 POWER EQUIPMENT OPERATORS " Asphalt Paving Machine 6.00 Bulldozer 5.25 Concrete Paving Machinist 6.50 Front End Loader 5.85 Heavy Equipment Operator 6.40 Light Equipment Operator 6.40 Motor Grade Operator. 8.00 Roller 5.25 Scraper 5.25 Tractor - 5.50 Truck Driver - Light 5.25 Heavy 5.25 w � EXHIBIT C Electric Construction Trades — Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 — Lineman Journeyman 10.45 'Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT Q Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is l 1/2 times base rate. EXHIBIT E — Prevailing Wage Rates Weekend and Holiday Rate _ The rate for weekend and holiday is.1 1/2 times base rate. i r i pop C E: SECTION 09.510 - ACOUSTICAL CEILINGS i PART 1 GENERAL 1.01 RELATED DOCUMENTS A. The general provisions of the Contract, including General Conditions, Supplementary General Conditions, Special Conditions and General Requirements (Division 1), apply to the work specified in this section. 1.02 DESCRIPTION OF WORK rA. Furnish materials, labor and equipment, as required by the Contract Documents, to provide and install acoustical ceilings. t: B. The work shall include the removal and replacement of all r existing suspended acoustical ceiling systems which are required to be removed and replaced to facilitate the work of other trades, such as mechanical and plumbing work. The existing batt insulation laid over the ceiling panels shall be replaced to provide thermal insulation to the satisfaction of the Engineer. 1.03 APPLICABLE STANDARDS A. Acoustical Materials Association: r' 1. "Specifications for Acoustical Tile and Lay -in Panel Ceiling Suspension Systems." 1.04 SUBMITTALS A. Samples: 1. 12 inch x 12 inch sample of each type of acoustical unit. 2. 12 inch samples of suspension system including: r- a. Main beam b. Cross -tee connection c. Angle moldings t B. Product Data: r 1. Manufacturer's data showing compliance with the Contract Documents. r- C. Maintenance Instructions: f ` 1. Manufacturer's recommendations for cleaning and refinishing each type acoustical unit. 2. Include precautions against materials and methods detrimental to finishes and acoustical efficiency. E G 09.510-1 D. Warranty 1. This Contractor shall furnish a written warranty that the, work under this division shall be free from defects of materials and workmanship for a period of two (2) years from the date of final acceptance of his work, and all other work damaged thereby, which ,becomes defective during the term of the Warranty. 2. The following shall be adjudged as defective work Loosening, buckling, undue shrinkage, warping, cracking, settling, chipping, spotting, and loss of acoustical properties of materials. E. Extra Material 1. At time -of completing the installation,;deliver extra stock of maintenance material for the Owner's future use. Furnish full size units matching the units installed, packaged with protective covering for storage, and identified with appropriate labels. Provide two unopened cartons of each type and color of ceiling tile furnished on this project. 1.08 QUALITY ASSURANCE A. Subcontract the acoustic ceiling and related work to an installed acceptable to the manufacturer of primary acoustic materials. B. Subcontract the installing of suspended acoustic ceiling materials to the Installer of the ceiling suspension systems for single responsibility. C. The Installer must examine the condition under which acoustic work is to be performed, and notify the Contractor in writing of any unsatisfactory conditions. Do not proceed with the acoustic ceiling work until unsatisfactory conditions have been corrected in a manner acceptable to the Installer. D. Deliver acoustic ceiling materials to the job site in original, unopened packages, bearing manufacturers name and label identifying each type of acoustic unit. E. Coordinate layout with other work which penetrates or is supported,by ceiling suspension system. F. Comply with acoustic material manufacturers recommendations for storage of units to be used in the work. 09.510-2 r� E i PART 2 PRODUCTS 2.10 MATERIALS A. Exposed suspension grid system for acoustical panels: 1. Suspension system for Acoustical Panels shall be equal to National Rolling Mills, Inc, ML5000 1 1/2" x 15/16" for 12' lengths, with DLST 2124 1 3/8" x 15/16" for 2" cross tees, and DLST 2148 1 3/8" x 15/16" for 4" cross tees, white color. 2. Provide matching wall moldings. 3. Where -hanger wires cannot be directly wire -tied to structural or intermediate framing members, provide attachment devices designed for the type of construction' used in the work and with a carrying capacity of not less than 5 times the design loads involved. B. Wire Hangers 1. Not less than 12 gauge (0.016" diameter), galvanized, soft annealed, mid steel wire. C. Acoustical Panels 1. 2' x 4' acoustical panels shall match existing acoustical panels in building. PART 3 EXECUTION 3.01 PREPARATION A. Examine spaces and correct defects that could interfere with proper installation. Installed ceiling system shall meet requirements of "Specifications for Acoustical Tile and Lay -in Panel Ceiling Suspension System", published by the Acoustical Material Association. B. Install acoustical treatment after moist materials have been installed. Maintain temperature and humidity conditions closely approximating the interior conditions which will exist when the building is occupied but not less than 50 degrees or more than 85 degrees F. before, during and after installation. C. Prior to start of acoustic ceiling work, consult other trades and contractors involved to determine areas of potential interference. Do not start installation of suspension systems until interferences have been resolved. 09.510-3 3.02 LAYOUT A. The acoustical panels shall be installed as shown on the enlarged kitchen floor plan on the Drawings. Unless shown otherwise on the Reflected Ceiling Plans, in,general, the acoustical panels shall be symmetrical about the center lines of the room in'both directions and edge panels on opposite sides of _ each room shall be equal in width. 3.03 SUSPENSION A. Suspension Systems: 1. Suspension system shall comply with ASTM C 635, "Standard — Specification for Metal Suspension Systems for Acoustical Tile -and Lay -in Panel Ceilings." Suspension system shall be classified "intermediate" duty. — B. Molding: 1. Install angle molding around perimeter of room at proper level. 2. Miter angle molding at exterior corners:. — 3. Cut flanges and bend web at interior corners. 4. Exposed leg shall be in same plane as bottom flange of main beam and cross tees. C. Hangers: ........ .. 1. Hang beams at 4 feet on centers with hangers spaced at 4 feet on centers. „2. Wrap hangers around beams or joists and twist at least 3 full turns. 3. Where hanger wires cannot be wrapped around structural; members, provide: a. Attachment devices for the type of construction vertical screws up into woods are not acceptable.) b. With a carrying capacity of at least 5 times the design loads, 4. Space hangers not more than 6 inches from each end. 5. Provide additional hangers for support of other items to be supported by the suspension system, including all light fixtures. 6. hangers shall be plumb if splayed hangers cannot be avoided. 09.510-4 D. Grid: 1. Install cross beams at right angles to main beams. 2. space 2 feet on centers. 3. Join beams to positive interlock. a. Within 1/32 inch of required location. b. Within 0.015 (1/64) inch of horizontal plane. c. Never below a continuous member. 3.04 ACOUSTICAL PANEL INSTALLATION A. General 4 1. Position acoustical units on flanges of inverted tees. >> 2. Cut and fit acoustical units closely and accurately around recessed light fixtures grilles or other ceiling items. C3. Throw away and replace units that are damaged. B. Shall be by an applicator who is an authorized representative of the manufacturer of the units. C. Do not install acoustic ceiling until installation areas meet r the following criteria. Mechanical, electrical and other work above ceilings have been completed; temperature and relative humidity have reached levels which comply with acoustic material manufacturers recommendations for the units to be used in the work and are acceptable to the Installer. D. Install materials in accordance with manufacturers printed instructions and other recommendations applicable to the work. E. All acoustical unit surfaces shall be true and free from irregularities; joints shall be straight and continuous. All units at walls, columns and openings shall be scribed accurately. r 3.05 FURRING MECHANICAL AND ELECTRICAL ITEMS A. All Mechanical and Electrical items occurring immediately below acoustical ceiling: 1. Shall be furred in with the acoustical ceiling materials i whether shown on the Architectural plans or not. 2. Refer to Mechanical and Electrical plans for a complete PM description of items. 3.06 PROTECTION AND CLEANING r" A. Touch-up or replace damaged ceiling grids. 09.510-5 B. Replace damaged and stained acoustical units. C. Clean exposed surfaces of acoustical ceilings, including trim, edge moldings and suspension members; comply with manufacturers instructions for cleaning and touchup of minor finish damage. End of Section 09.510-6 i r SECTION 15000 - GENERAL PROVISIONS FOR MECHANICAL AND ELECTRICAL r PART 1 - GENERAL 1.01 CHECKING DOCUMENTS: A. The drawings and the specifications are numbered consecutively. The Contractor shall check the drawings and specifications thoroughly and shall notify the Engineer of any discrepancies or omissions of sheets or pages. Upon notification, the Engineerwill promptly provide the Contractor with any missing portions of the drawings or specifications. No discrepancies or omissions of sheets or pages of the contract documents will relieve the Contractor of his duty to provide all work required by the complete contract documents. 1.02 GENERAL: A. In general, the lines and ducts to be installed by the various trades under these specifications shall be run as indicated, as specified herein, as required by particular conditions at the site, and as required to conform to the generally accepted standards as to complete the work in a neat and satisfactorily workable manner. The following is a general outline concerning the running of various lines and ducts and is to be excepted where the drawings or conditions at the building necessitate deviating from these standards. B. All piping, conduit and 'ductwork for the mechanical and electrical trades shall be concealed in chases in finished areas, except as indicated on the drawings. Horizontal lines run in areas that have ceilings shall be run concealed in those ceilings, unless otherwise specifically indicated or directed. C. Piping, ductwork, conduits and raceways may be run exposed in machinery and equipment spaces, where serving as connections to motors and equipment items in finished rooms where exposed connections are required, and elsewhere as indicated on the drawings or required D. All conduits in any space where they are exposed shall run parallel with the building walls. They shall enter the concealed areas perpendicular with the walls, ceilings or floors. Fittings shall be used where necessary to comply with this requirement. E. The Contractor shall thoroughly acquaint himself with the details of the construction and finishes before submitting his bid as no allowances will be made because of the Contractor's unfamiliarity with these details. Place all inserts in masonry walls while they are under construction. All concealed lines shall be installed as required by the pace of thegeneral construction to precede that general construction. F. The mechanical and electrical plans do not give exact details as to elevations of lines and ducts, exact locations, etc., and do not show all the offsets, control lines, pilot lines and other installation details. The Contractor shall carefully lay out his work at the site to conform to the architectural and structural conditions, to provide proper grading of lines, to 15000-1 avoid all obstruction, to conform to details of installation supplied by the manufacturers of the equipment to be installed, and thereby to provide an integrated, satisfactorily operating installation. G. The electrical plans show diagrammatically the locations of the various electrical outlets and apparatus and the method of circuiting and controlling them. Exact locations of these outlets and apparatusshallbe determined by reference to the general plans and to all detail drawings, equipment drawings, roughing -in drawings, etc., by measurements at the building, and in cooperation with other sections, and in all cases shall be subject to the approval of the Engineer. The Engineer reserves the right to make any reasonable change in location of any outlet or apparatus before installation (within 10 feet of location shown on drawings) or after installation if an obvious conflict exists, without additional cost to the Owner. H. The mechanical plans do not give exact locations of outlets, ,fixtures, equipment items, etc. The exact location of each item shall be determined by reference to the general plans and to all detail drawings, equipment drawings, roughing -in drawings, etc., by measurements at the building, and in cooperation with other sections. Minor relocations necessitated by the conditions at the site or as directed by the Engineershall be made without any additional cost accruing to'the Owner. I. The Contractor shall be responsible for the proper fitting of his material and apparatus into the space. Should the particular equipment which any bidder proposes to install require other space conditions than those indicated on the drawings, he shall arrange for such space with the Engineerbefore submitting his bid. Should changes become necessary on account of failure to comply with this clause, the Contractor shall make such necessary changes at his (the Contractor's) own expense. J. The Contractor shall submit'working scale drawings of all his apparatus and equipment which in any way varies from these specifications and plans, which shall be checked by the Engineerbefore the work is started, and interferences with the structural conditions shall be corrected by the Contractor before the work proceeds., K. Piping, ducts, and conduits serving outlets on items of equipment shall be run in the most appropriate manner. Where the equipment has built-in chases, the lines shall be contained therein. Where the equipment is of the open type, the lines shall be run as close as possible to the underside of the top and in a neat and inconspicuous manner., L. Exceptions and inconsistencies in plans and specifications shall be brought to the 'Engineer's attention before the contract is signed; Otherwise, the Contractor shall be responsible for any and all changes and additions that may be necessary to accommodate his particular apparatus, material, or equipment. M. The Contractor shall distinctly understand that the work described herein and shown on the accompanying drawings shall result in a finished and working job, and any item required to accomplish this intent shall be included whether specifically mentioned or not. 15000-2 r rN. Each bidder shall examine the plans and specifications. If these documents show any item requiring work and that work is not indicated on the drawings, he shall notify the Engineer in r" sufficient time to clarify before bidding. If no notification is received, the Contractor is assumed to require no clarification, and shall install the work as indicated in accordance with the specifications. 1.03 DIMENSIONS: A. Before ordering any material or doing any work, the Contractor shall verify all dimensions, including elevations, and shall be responsible for the correctness of the same. No extra charge or compensation will be allowed on account of differences between actual dimensions and measurements indicated on the drawings. Any difference which may be found shall be submitted to the Engineer for consideration before proceeding with the work. 1.04 INSPECTION OF SITE: A. The accompanying plans do not indicate completely the existing mechanical and electrical installations. The bidders for'the work under these sections of the specifications shall inspect the existing installations and thoroughly acquaint themselves with conditions to be met and the work to be accomplished in removing and modifying the existing work, and in installing the new work in the present building and underground serving to and from that structure. Failure to comply with this shall not constitute grounds for any additional payments in connection with removing or modifying any part of the existing installations and/or installing any new work. 1.05 ELECTRICAL WIRING: A. All electric wiring of every character, both for power supply, for pilot and control, for temperature control, for communications, etc. will be done under Division 16 of these specifications. The Contractor for each section shall erect all his motors in place ready for connections. The Contractor, under Division 16, shall mount all the starters and controls, furnishing the supporting structures and any required outlet boxes B. Every electrical current consuming device furnished as a part of this project, or furnished by the Owner and installed in this project, shall be completely wired up under Division 16. Verification of exact location, method of connection, number and size of wires required, voltage requirements, and phase requirements is the responsibility of the Contractor under Division 16. If conflicts occur between the drawings and the actual requirements, actual requirements shall govern. 1.06 MOTORS AND CONTROLS:-' A. All motors furnished under any of the several sections of these r. specifications shall be of recognized manufacture, of adequate capacity for the loads involved and wound for the current characteristics shown on the electrical drawings. All motors r shall conform to the standards of manufacture and performance of r 15000-3 r` the National Electrical Manufacturers' Association as shown in .their latest publications. They shall further be listed by Underwriters Laboratories. B. Unless otherwise noted, the Contractor under Division 16 shall — furnish each motor with a starter and all controls of the types specified or required. These starters shall be of the totally enclosed type, of capacity rating within the required limits of _ the motors which they are to serve, shall be suitable for the motor current characteristics and shall provide thermal overload protection. All starters shall be standard of manufacture and performance of the National Electrical Manufacturers' Association. They further shall be listed by Underwriters Laboratories. Provide overload protection in each phase wire. 1.07 MANUFACTURER'S DIRECTIONS: A. All manufactured articles shall be applied, installed and handled as recommended by the manufacturer. _ 1.08 MATERIALS AND WORKMANSHIP: A. All materials shall.be new unless otherwise specified and of the quality specified. Materials shall be free from defects. All materials of a type for which the Underwriters Laboratories, Inc. have established a standard shall be listed by the Underwriters Laboratories, Inc. and shall bear their label. B. Wherever the make of material or apparatus required is not definitely specified, the Contractor shall.submit a sample to the Engineer before proceeding. _ C. The Engineer reserves the right to call for samples of any item of material offered in substitution, together with a sample of the specified material, when, in the Engineer's opinion, the quality of the material and/or the appearance is involved and it is deemed that an evaluation of the two materials may be better made by visual inspection. This shall be limited to lighting fixtures, wiring devices, plumbing brass, grilles, registers, _ ceiling outlets and similar items and shall not be applicable to major manufacturers' items of equipment. D. The Contractor shall be responsible for transportation of his materials to and on the job, and shall be responsible for the storage and protection of these materials and work until the final acceptance of the job. E. The Contractor shall furnish all necessary scaffolding, tackle, tools and appurtenances of all kinds, and all labor required for the safe and expeditious execution of his contract. F. The workmanship shall in all respects be of the highest grade _ and all construction shall be done according to the best practice of the trade. 1.09 SUBSTITUTION OF MATERIAL: A. Where a definite material or only one manufacturer's name is mentioned in these specifications, it has been done in order to establish a standard. The product of the particular manufacturer mentioned is of'satisfactory Iconstruction and any substitution must be of quality as good as or better than :the named article. No substitution shall be made without review by the Engineer, who will be the sole judge of equality. 15000-4 B. The Contractor shall submit for approval a complete list of the materials he proposes to use. This list shall give manufacturers' names and designations corresponding to each and every item and the submission shall be accompanied by complete descriptive literature and/or any supplementary data, drawings, etc., necessary to give full and complete details. C. Should a substitution be accepted under the provisions of the conditions of these specifications, and should this substitute prove to be defective or otherwise unsatisfactory for the service for which it is intended within the guarantee period, the Contractor who originally requested the substitution shall replace the substitute material with the specified material. 1.10 SHOP DRAWINGS: A. Wherever shop drawings are called for in these specifications, they 'shall be furnished by the Contractor for the `work involved after review by the Engineer as to the make.and type of material and in sufficient time so that no delay or changes will be caused. This is done in order to facilitate progress on the job and failure on the part of the Contractor to comply shall render him liable to stand the expense of any and all delays, changes in construction, etc., occasioned by his failure to provide the necessary details. Also; if the Contractor fails to comply with this provision, the Engineer reserves the right to go directly to the manufacturer he selects and secure any details he might deem necessary and should there be any charges in connection with this, they shall be borne by the Contractor. B. Shop drawings will be reviewed by the Engineer for general compliance with the design concept of the project and general compliance with the information given in the contract documents. Review by the Engineer and any action by the Engineer in marking shop drawings is subject to the requirements of the entire contract documents. Contractor will be held responsible for quantities, dimensions which shall be confirmed and correlated at the job site, fabrication processes and techniques of construction, coordination of all trades and the satisfactory performance of his work. C. Shop drawings submitted shall not consist of manufacturers' catalogues or tear sheets.therefrom that contain no indication of the exact item offered. Rather, the submission of individual items shall designate the exact item offered and shall clearly identify the item with the project. D. All shop drawings shall be submitted at onetime and shall consist of a bound catalogue of all shop drawings under each section, properly indexed and certified that they have been checked by the Contractor. E. The omissions of any material from the shop drawings which has been shown on the contract drawings or specified, even though reviewed by the Engineer, shall not relieve the 'Contractor from furnishing and erecting same. 1.11 LAWS, CODES AND ORDINANCES A. All work shall be executed in strict accordance with all local, state and national codes, ordinances and regulations governing the particular class of work involved, as interpreted by the I F 15000-5 Ir E inspecting authority. The Contractor shall be responsible for the final execution of the work under this heading to suit those requirements. Where these specifications and the accompanying drawings conflict with these requirements, the Contractor shall report the matter to the Engineer, shall prepare any supplemental drawings,required illustrating how the work may be installed so as to ,comply and, on approval, make the changes at no cost to the Owner. On completion of the various portions of the work the installation shall be tested by the constituted authorities, approved and, on completion of the work, the Contractor shall obtain and deliver to the Owner.a final certificate of acceptance. 1.12 TERMINOLOGY: A. Whenever the words "furnish", "provide", "furnish and install," "provide and install';, and/or similar phrases occur, it is the intent that the materials and equipment described be furnished, installed and connected under this Division of the , Specifications, complete for operation unless specifically noted to the contrary. B. Where a material is described in detail, listed by catalogue number or otherwise called for, it shall be the Contractor's responsibility to furnish and install the material.. C. The use of the word "shall" conveys a mandatory condition;to the contract. D. "This section" always refers to the section in which the statement occurs. E. "The prof ect" includes all work in progress during the :construction period. F. "Concealed" areas are those areas which cannot be seen by the building occupants from the floor with all building components in place. "Exposed" areas are all areas which are exposed to view by the building occupants, including mechanical rooms. G. In describing the various items of equipment, in general, each item will be described singularly, even though there may be a multiplicity of identical or similar items. 1.13 CUTTING AND PATCHING; A. All cutting and patching for work shall be done.by the Contractor under the section for which the trade is specified. 1.14 PAINTING: A. Painting for shall be as follows: 1. If the factory finish on any apparatus or equipment is marred, it shall be touched up and then given one coat of half -flat -half -enamel, followed by a coat of machinery enamel of a color to match.�the original. Paint factory primed surfaces. 2. Paint all exposed pipe. 3. Paint all exposed sheet metal. 1.15 SEALING AROUND PIPES, CONDUITS, DUCTS, ETC.: A. The Contractor installing pipes, conduits, ducts, etc. shall seal all spaces between pipes and/or sleeves where they pierce walls, partitions or floors with Dow Corning No. 2000 fire r_ 15000-6 resistant caulk. The packing shall effect a complete fire and/or air seal where pipes, conduits, ducts, etc., pierce walls, floors or partitions. 1.16 OWNERS OCCUPANCY: A. It shall be understood that the building in which the work is to be done is a necessary part of the Owner's operation, and shall continue in use throughout the construction period without interruption. Take all precautions required by the Owner for the protection of his equipment and property. B. Contractor shall cooperate with theownerin scheduling areas in which work is permitted. Owners schedule will govern. 1.17 SCHEDULE OF WORK: A. The Contractor shall program his work in such manner as to interfere as little as possible with the normal routine of the Owner: It must be understood that the Owner will continue to function throughout the construction period. All water, electrical and sanitary facilities shall therefore be continued in operation with a minimum of interruption and the Contractor shall make any temporary connections necessary to comply with this requirement. 1.18 SALVAGE MATERIALS: A. Unless noted otherwise, all presently installed materials including pipes, fittings, fixtures, ducts, conduits, wires, wiring devices, etc. that are not to bereusedshall be removed by the Contractor under the section in which the particular items normally fall whenever they can be taken out of service. When the work is complete, there shall be no "dead" lines left installed in any portion of the area being remodeled, which shall include any temporary connections. All materials shall become the property of the contractor and removed from the site. 1.19 INSTALLATION DRAWINGS: A. It shall be incumbent upon the Contractor to prepare special drawings as called for elsewhere herein or as directed by the Engineer to coordinate the work under each section, to illustrate changes in his work, to facilitate its concealment in finished spaces to avoid obstructions or to illustrate the adaptability of any item of equipment which he proposes to use. B. These drawings shall be used in the field for the actual installation of the work. Unless otherwise directed, they shall not be submitted for approval but three copies shall be provided to the Engineer for his information. 1.20 ROUGH -IN AND MAKE FINAL CONNECTION FOR EQUIPMENT: A. The shop drawings for all equipment are hereby made a part of these specifications. The Contractor under each section of the specifications shall rough -in for the exact item to be furnished on the job, whether in another section of the specifications or by the Owner. The Contractor shall refer to all drawings and other sections of the specifications for the scope of work 15000-7 7 involved for the new equipment, and by actual site examination determine the scope of the required equipment connections for the Owner furnished equipment. B. Should any of the equipment furnished require connections of a nature different from that shown on the drawings, report the matter to the Engineer and finally connect as directed by the .Engineer. C. Should any shop drawings not be available for equipment furnished under other contracts or by the Owner, the. Contractor under each section of these specifications shall bid the work as detailed on the drawings. D. Minor differences in the equipment furnished and that indicated on the drawings will not constitute ground for additional payment to the Contractor. 1.21 IDENTIFICATION AND LABELING: A. The Contractor shall make it possible for the personnel _ operating and maintaining the equipment and systems in this project to readily identify the various pieces of;equipment, valves, piping, etc., by marking them. All items of equipment such as fans, pumps, etc., shall be clearly marked using — engraved nameplates as hereinafter specified. The item of equipment shall indicate the same number as shown on the drawings. r. B. All items of mechanical and electrical equipment shall be identified by the attachment of engraved nameplates constructed from laminated phenolic plastic,, at least 1/16" thick, 3-ply, with black surfaces and white core. Engraving shall be condensed gothic, -at least 1/2" high, appropriately spaced. Nomenclature on the label shall include the name of the item, its mark number, area,- space, or equipment served, and other pertinent information. 1.22 OPERATING INSTRUCTIONS: A. The Contractor for each section of the work hereunder shall, in cooperation with the representatives of the manufacturers of the various equipment items, carefully instruct the Owner's representatives in the proper operation of each item of equipment and of each system. During the balancing and adjusting of systems, the Owner's representative shall be made familiar with all procedures. 1.23 OPERATING MANUALS: A. Prepare and submit 3 copies of;the operating manuals bound in hard covers. Three weeks prior to completion of the work, the — Engineer will check the manuals and any additional material necessary to complete the manuals shall be furnished and .inserted by the Contractor. — B. Manuals shall contain the following data: 1. Catalogue data of all equipment. 2. Shop drawings of all equipment. .3. Wiring diagrams. 4. Recommended maintenance schedule for equipment. 5. Parts list for all items. 6. Name and address of each vendor. _ 15000-8 r. 1.24 GUARANTEE: A. Unless a longer guarantee is hereinafter called for, all work, material and equipment items shall be guaranteed for a period of r^ one year after acceptance by the Owner. All defects in labor and materials occurring during this period, as determined by the Engineer, shall be repaired and/or replaced to the complete satisfaction of the Engineer. Guarantee shall be in writing and in triplicate. 1.25 COMPLETION REQUIREMENTS: A. Before acceptance and final payment the Contractor under each Division of the specifications shall furnish: 1. Accurate record drawings, shown in red ink on blue line prints furnished for that purpose all changes from the original plans made during installation of the work. Drawings shall be filed with the Engineer when the work is completed. 2. All manufacturers' guarantees. 3. All operating manuals. 4. Guarantees. 5. Test and Balance Report. 1.26 CONTRACTOR'S RESPONSIBILITY FOR FINAL INSPECTION: A. Before calling for the final inspection, the Contractor under each Division shall carefully inspect his work to be sure it is complete and according to plans and specifications. END OF SECTION 15000-9 SECTION 15100 - SITE UTILITIES PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: 7 A. Submit manufacturer's data on all materials. 1.03 SCOPE: A. Perform all layout, trenching, excavation, backfill, shoring and similar work and provide and install all materials and appurtenances necessary for the installation and final connection of all utilities. PART 2 - PRODUCTS 2.01 MATERIALS: A. All piping materials for every purpose shall be furnished and installed as hereinafter specified. B. All pipe and fittings shall be new and unused unless specifically indicated otherwise. C. Underground steel piping shall be factory coated pipe "X-Tru-Coat" or epoxy coated pipe with fittings wrapped with a double thickness of 3M Scotch '151" vinyl tape over pipe and fittings. 2.02 GAS LINES: A. Plastic Gas Piping: Polyethylene, Type III, Grade 3, (PE 3406-3408), resin conforming to ASTM D1248-7A, pipe construction conforming to ASTM D2513 (SDR 11). B. Mechanical Joints: Where steel lines connect to plastic lines 2" and smaller in size, use Continental Style 5 extra heavy duty malleable iron couplings with stiffeners, C. Flanges: Where steel lines valves or accessories connect to plastic lines 2-1/2" and larger, use polyethylene and steel flat face flanges with full face gaskets. D. Casing: Encase plastic lines under streets in schedule 40 galvanized steel pipe extending 36" beyond paving. E. Service Risers: Wayne Manufacturing compression service riser with anode and built-in stiffener. PART 3 EXECUTION 3.01 LAYOUT OF UTILITY LINES: A. Before starting excavation Contractor shall: 1. Stake route of each line. 2. Arrange utility connections with authorities. 3. Locate and identify any conflicting underground structures and adjust grade or routing to accommodate installation of the lines. 15100-1 3.02 EXCAVATION FOR OUTSIDE UTILITIES: A. The Contractor shall perform any excavations of every description and of whatever substances encountered, to the depths indicated on the drawings and/or required for the installation of his work. B. Trench Excavation: The trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and _ support for the pipe on solid and undisturbed ground. There shall be no classification of or extra payment for excavated materials, and all materials encountered shall be excavated as required. C. Bury: Nonmetallic pipe shall be buried with 36" minimum cover, metallic pipe shall have minimum 24" cover. D. Trenching Methods: Trench digging machinery may be used to make trench excavations except whereoperation of same would cause damage to existing structures, or plants either above or below ground; in such instances hand method shall be employed. E. Barricades and Safety Provisions: To protect persons from ,— injury and to avoid property damage, adequate barricades, construction signs, warning lights and guards as required shall be placed and maintained during progress of the construction work. All material, piles, equipment, pipe, and open trenches that may serve as hazards to vehicular or pedestrian traffic shall be protected by barricades or fences and warning lights. F. Protection of Property and Structures: Temporary support, adequate protection, and maintenance of all underground and surface structures, drains, sewers, and other obstructions encountered in the progress of the -work shall be furnished by the Contractor at his expense and under the direction of the Engineer . Any structures that have been disturbed shall be restored upon completion of the work. — 3.03 BACKFILLING: A. The trenches shall not be backfilled until all required tests _ are performed and until the utilities systems as installed conform to the requirements specified hereinafter. The trenches shall be carefully backfilled with the excavation materials approved for backfilling, consisting of earth, loam, sandy clay, sand and gravel, soft shale, or other approved materials free from large clods of earth or stones deposited in thoroughly and carefully rammed 6" layers, until the pipe has a cover of not less than one foot for water mains and two feet where possible for other lines. B. The remainder of the backfill material shall then be thrown into _ the trench, moistened and tamped in one foot layers. Blasted rock, broken concrete or pavement, and large boulders shall not be used as backfill material. Settling the backfill with water will be permissible and will be a requirement when so directed. — Any trenches improperly backfilled or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilled and mounded over,,and smoothed off. C. Open trenches across roadways or other areas to be paved shall be backfilled as specified above, except that the entire depth of the trench shall be backfilled in 6" layers, each layer 15100-2 moistened and compacted to a density at least equal to that of the surrounding earth 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, so that paving of the area can proceed immediately after backfilling is completed. Along all other portions of the trenches, the ground r., shall be graded to a reasonable uniformity and the mounding over the trenches left in a uniform and neat condition. 3.04 LOCATION AND DETECTION: A. Below Ground: 1. Non -Metallic: a. Non-metallic pipe installed below ground shall have installed in the same trench a detectable plastic tape that conforms in to the APWA color coding as follows: b. Such tape shall consist of one layer of aluminum foil laminated between two layers of inert plastic film. Tape shall be approved 2 1/8" wide and shall be imprinted with a continuous traceable for a minimum of eight years after direct burial. Product shall be Terra Tape Detectable or approved equal. Tape shall be installed per manufacturer's instructions, but no less than 12" above the buried line. 3.05 UTILITY SERVICES: A. Gas: Arrange with the gas utility company for natural gas service as shown on the drawings. From the location of the new meter, extend service to the building. Provide service valves at each service point. 3.06 TESTING: A. Gas: Before backfilling, test under air pressure at 15 PSIG for 24 hours. There shall be no pressure drop, except for correction for temperature variation. If any pressure drop occurs, soap test every joint, correct the leaks and retest. END OF SECTION 15100-3 FRI K i SECTION 15200 - PIPING AND ACCESSORIES PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE: �. A. This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the piping and accessories as shown on the drawings and/or specified herein. PART 2 - PRODUCTS 2.01 MATERIALS: j A. All materials shall be manufactured or fabricated in the United States of America. B. Materials shall conform to the listed standards. Refer to specific sections for materials to be used under that section. The following tabulation is for reference only to identify the applicable standard. Copper Tubing ASTM B75-76 Wrought Copper Solder Fittings ANSI B16.22 Cast Bronze Solder Fittings ANSI B16.18 Steel Pipe ASTM A120, A53, A106 Butt Weld Fittings ANSI B16.9 Socket Weld Fittings ANSI B16.11 Steel Flanges ANSI B16.5 Malleable Iron Threaded Fittings ANSI B16.3 PM Flange Bolt, Sets ASME Pressure Piping C. Unions in Ferrous Lines 150 pound malleable iron, screwed pattern, ground joint with brass to iron seat; equal to Crane. D. Unions in Copper or Brass Lines: 125 pound all brass, screwed pattern, bround joint, equal to Chase, Crane or Mueller. 2.02 VALVES: A. Gas Valves; Iron body, lubricated plug valves equal to Nordstrom Fig. 143 in sizes.2-1/2" and larger. Valves 2" and smaller equal to Crane No. 270 threaded gas stop. PART 3 - EXECUTION 3.01 FLASHING: A. Flash'around all pipes passing through the roof with sheet lead not less than 2-1/2 lbs. per square foot, built a minimum of 8" 15200 - 1 in all directions from the outside of,the pipe into the waterproofing. Flashing shall be run up the pipe and turned over into the pipe cavity. 3.02 PITCH PANS: A. Small lines thru the roof shall'be installed thru pitch pans. Pans shall .be 18 gage galvanized, welded, 3" deep, 8" X 8" or _ larger, packed with lead wool and filled with pitch. 3.03 ESCUTCHEONS, CEILING PLATES: A. Except as otherwise noted provide and install concealed hinge, chrome plated escutcheons or ceiling plates with spring catches around each pipe passing through any wall, floor, or ceiling in any space, except in underfloor.and attic spaces. Plates shall be sized to fit snugly against the outside of the pipe, or against the outside of the insulation on lines which are insulated. B. No floor plates will be required around the iron pipe sleeves on exterior walls. 3.04 FABRICATION OF PIPE JOINTS: A. Threaded Pipes: Ream and deburr pipe after it is cut and before it is threaded. Stand each pipe on one end and hammer to remove all foreign material. Full cut threads, but not more than 3 pipe threads shall remain exposed when joint is completed. Make up joints with graphite and oil or an .approved graphite compound applied to male threads only. Caulking of:_threaded joints to stop or prevent leaks is prohibited. B. Copper Tubing: Cut tubing square, ream and deburr. Clean insides of fittings and outsides of tubing with sand cloth before assembly. Exercise care to prevent annealing .of fittings and hard drawn tubing. Make all joints with high temperature solid string'or wire solder, 95% tin, 5% antimony, using non -corrosive paste flux of the proper type for all copper tubing. Low temperature solder such as 50/50 or 40/60 will not be permitted. C. Welded Joints: Make all welded joints by the metallic arc process. Use base material conforming to ANSI B31.1 for welded pipe ASTM A106 and ASTM A53. Use filler material conforming to ASTM A233 and in accordance with ANSI B31.1. Machine the ends of the material to be joined or gas cut. Make the cut smooth in order that good fit can be made and a full penetration weld made. Use direct current for welding with the electrode positive. Limit the depth of deposit to 1/8" per pass. Remove _ all slag or flux remaining on any bead of welding before laying down the next successive bead of welding. Remove any cracks or blow holes that appear on the surface of any bead of welding by chipping or grinding before depositing the next successive bead of welding. 3.05 REPAIR OF LEAKS: A. All leaks in piping systems shall be corrected as follows: 1. Repair leaks in solder joints by remaking the joint; no soldering or brazing over existing joints will be permitted. _ 15200 - 2 2. Repair leaks in screwed joints by tightening the joint; remake the joint if the tightening fails to stop the leak. 3. Repair leaks in welded joints by removing the defective weld completely through the base metal and grind smooth. Re -weld, accomplishing 100% penetration of the base metal. The repair weld should in no case be less than 4" in length. ,.. B. When any defect is repaired, retest that section of the system. i 3.06 ALIGNMENT AND GRADES: A. General: All pipe shall be laid and maintained to the required lines and grades with fittings, valves, at the required N. locations; and all valve stems plumb. All pipe shall be installed straight and true to line. B. Deviations Occasioned by Other Structures: Whenever obstructions not shown on the plans are encountered during the progress of the work, the lines and/or grades shall be adjusted so to not interfere with existing obstructions. END OF SECTION 15200 - 3 1; r-� SECTION 15210 PLUMBING SYSTEMS PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE; A. This section of the specifications requires the furnishing and installation of all equipment, labor, materials, transportation, tools and appliances and in performing all operations in connection with the installation of the plumbing systems. PART 2 - PRODUCTS 2.01 MATERIALS: A. Refer to Section "Piping and Accessories". B. Gas Lines: Schedule 40 black steel with 150 lb. banded malleable iron fittings for pipe 2" and smaller; welded fittings for pipe 2-1/2" and larger. C. Condensate Drain Lines: Type L copper with solder joint fittings. 2.02 INSULATION: A. Any insulation which is not applied in a workmanlike manner will be rejected and replaced. All coverings shall be smooth, flush, dressed to line and tight. Mastic shall be neatly applied and tooled. The Engineer reserves the right to reject any insulation whose appearance he deems unacceptable. B. Apply insulation and pipe covering after all work has been tested, found to be tight and accepted as such by the Engineer. Thoroughly clean and dry all surfaces to be covered. C. The following describes materials, thicknesses and finishes for insulation and coverings. D. Drain Lines: Insulate with 1/2" thick Armstrong Armaflex. Insulation may be slit flange type or threaded on during fabrication. Vapor seal insulation. PART 3 - EXECUTION w 3.01 INSTALLATION OF PIPING SYSTEMS: A. Refer to PIPING AND ACCESSORIES for requirements for installing .. pipes. In addition, the following specifications shall apply. B. Gas Lines: All gas piping shall run exposed unless specifically detailed otherwise on the drawings, with special venting provisions. C. A drip pocket shall be installed at connection to an item of equipment and at each low point of the gas distribution system. Grade all lines to drip pockets. Drip pockets shall consist of a nipple and cap screwed to the bottom of the drop. 15210-1 D. Provide a gas cock, union and gas pressure regulator at each connection to a gas consuming appliance. E. All gas piping on the roof shall be supported on 4"x4" redwood runners set in pitch pans. Pitch pans shall be flashed into the roof and filled with pitch. Gas lines shall be secured to the runners with galvanized electrical strap. Straps shall fit loosely.to allow free movement. Spacing of supports shall be as specified under "Hangers and Supports 3.02 TESTING: A. Test all pipes before they are concealed in furrings or chases' insulated, painted, or otherwise covered up or rendered inaccessible. Accomplish testing by sections of lines or systems, as required by conditions during construction. Clean all piping and equipment before testing. B. Gas Lines: Test with 15 psig air pressure for 24 hours with no pressure drop (except for temperature correction). If any drop occurs, soap test all joints, correct leaks and retest. END OF SECTION L 15210-2 SSECTION 15260 - REFRIGERANT PIPING SYSTEM PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTAL: A. Submit manufacturer's data on all materials. 1.03 SCOPE: A. Furnish and install the necessary refrigerant lines, fittings, refrigerant controls, etc. to properly interconnect the condensing units and the evaporators. PART 2 - MATERIALS 2.01 PIPING: A. Refrigerant piping shall be Type L hard drawn copper tubing assembled with forged copper fittings. Joints shall be brazed "Sil-Fos" or with silver solder. 2.02 INSULATION: A. The refrigerant suction lines shall be insulated with 3/4" thick Armstrong "Armaflex" foamed plastic insulation threaded on the piping. Seal vapor tight. 2.03 REFRIGERANT: A. When the refrigerant piping systems have been complete, the Contractor shall thoroughly purge the system with dry nitrogen test for leaks, make the systems tight, evacuate to 7mm Hg and fully charge them with Freon refrigerant. Upon completion of the operating tests, he shall replace any refrigerant lost during the test operations, and upon acceptance shall leave the systems fully charged. PART 3 - EXECUTION 3.01 INSTALLATION OF SYSTEM: A. Piping shall be adequately supported to prevent the transmission of vibration and noise into the building structure. All refrigerant piping shall run in a neat manner parallel to the building construction and shall be arranged with adequate clearance for the suction line insulation. Purge continuously with dry nitrogen while soldering. 15260-1 r B. Refrigerant lines shall be sized in accordance with the.best refrigeration practice and shall be designed to afford a controlled distribution of the refrigerant and a ready return of oil to the compressor crankcases. Particular care shall be exercised in the sizing and design of suction lines to assure that liquid refrigerant or oil pockets will not be formed during partial compressor operation with subsequent "slugging". The Contractor shall submit shop drawings of the refrigerant piping system, and shall submit them for review before fabrication. 3.02 TESTING: A. All refrigerant piping shall be tested at 300 psi with dry nitrogen for 4 hours. Finally after charging, go over each ' installation with a halide torch. Correct all leaks. 3.03 EVACUATING: A. After testing the piping system, evacuate the system to 200 microns. Break the vacuum with dry nitrogen to raise the pressure to atmospheric. Re -evacuate the system to 200 microns. Close the vacuum pump suction valve and stop the pump. Backseat the compressor valve and allow the system to stand under vacuum for a minimum of 12 hours. If the vacuum reading remains unchanged, the system may be charged. END OF SECTION 15260-2 7 w•tl SECTION 15320 - AIR DISTRIBUTION I PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE: �•.. A. This section of the specifications comprises the furnishing of Iall labor, materials, transportation, tools and appliances and in performing all operations in connection with the installation of ductwork, plenums, linings, air distribution devices, dampers and control devices, curbs and other materials and accessories as described herein and/or as shown on the accompanying drawings, or reasonably implied therefrom. rR j PART 2 - PRODUCTS 2.01 METAL DUCTWORK: A. Except as otherwise specified herein, in other sections of the specifications, and/or noted on the drawings, low pressure ducts shall be constructed of galvanized steel sheets in accordance with the recommended construction for low pressure ductwork insofar as gauges of metal to be used, bracing of joints and joint construction as established in HVAC DUCT CONSTRUCTION ry STANDARDS, First Edition, as published by Sheetmetal and Air Conditioning Contractors National Association, Inc. (SMACNA). B. Unless indicated otherwise, all duct shall be constructed in conformance with l" w.g. pressure class. C. Make square elbows where shown or required, with factory -fabricated turning vanes. Make all other changes in direction with rounded elbows having a centerline radius equal to 1-1/2 times the width of the duct in the plane of the bend. D. Make transformations in duct shape or dimension with gradual slopes on all sides. Make increases in dimensions in the �. direction of air flow, with a maximum slope of 1" in 7" on any P side. Make decreases in dimensions in the direction of air flow preferably with a slope of 1" in 7" on any side, but with a maximum slope of l" in 4" where conditions necessitate. r E. Ducts shall be routed in conjunction with pipes, electrical conduits, ceiling hangers, etc. so as to avoid interferences insofar as possible. Where duct penetrations are unavoidable, provide streamline shaped sleeves around such material penetrations, made airtight at duct surfaces, except that such sleeves are not required at tie rods. Where obstructions are of a size to exceed 10% of the duct area, the duct shall be transformed to maintain the same duct area. 15320-1 2.02 DUCT LINER: A. All sheet metal supply, return, and fresh air duct shall be lined. B. The listed ducts shall be lined to a thickness of 1" with Mansville "Linacoustic" mat faced duct liner, or equal duct liner coated with neoprene on one side. C. Duct liner shall have an average thermal conductivity of .26 btu-in./sq. ft.-degree F. at a mean temperature of 75 F. D. The duct liner shall be applied in accordance with the manufacturer's recommendations with the coated side away from the metal, using weld pins or adhesive Tuffbond and adhesive type metal clips, Gemco, or equal, of the type which do not protrude through the duct. The size of the ducts indicated are actual internal sizes and the sheet metal sizes shall be 2" greater in both dimensions to accommodate the lining. No voids are permitted. F. Use 100% adhesive coverage and clips at the rate as specified by . SMACNA. 2.03 DUCT SEALER: A. All supply air ductwork shall be sealed to provide airtight construction. Metal surfaces to be joined shall be clean, dry and free of dirt or grease. Apply a heavy coat of Kingco Seal -Rite 18-120 to the interior metal surface of the slip joint, then interlock into place metal duct sections. Apply a heavy coat of 18-120 to the exterior metal surface duct joint, making sure any voids are filled to secure a continuous air pressure sealant. B. Allow sealant to dry a minimum of 48 hours before pressurizing system. C. Blue Glue or Hardcast will be considered equal. 2.04 AIR CONTROL DEVICES: A. Manual dampers shall be installed as required to afford complete control of the air flow in the various duct systems. In rectangular supply ducts, a volume damper shall be installed at each point where a branch is taken off to achieve the final air balance. B. Volume dampers of the "butterfly" type shall be constructed of 20 gauge galvanized steel riveted or welded to square operating rods. Dampers shall have bearings of brass, bronze or approved plastic in most instances. Volume dampers of the butterfly type shall be used only in cases where neither dimension of the damper exceed 24". The metal used shall match that of duct system containing the damper in each case. Use special metals for damper rods and bearings as required to resist corrosion. C. In cases where either dimension of the smaller branch duct exceeds 24", volume dampers shall be of the opposed blade type with blades linked together and controlled from a single point. They shall be constructed of No. 16 gauge steel either galvanized or with a baked enamel finish. Dampers shall have brass, bronze or approved plastic sleeve bearings. Blades shall be not more than 12" in width and shall be opposed acting, and 15320-2 f those for automatic dampers shall have neoprene blade edges and stainless steel jamb seals. Blades shall be mounted in suitable band or angle iron frames strongly braced to insure rigidity. D. Each volume damper, unless specified for automatic operation, shall be fitted with an adjusting device having a locking mechanism. Wherever the ducts are rendered inaccessible behind �., non -removable ceilings or furrings, or other construction that is not easily removable to permit access to the ducts, the devices shall be equal to Young Regulator Co. No. 896 concealed air split regulators. On exposed or easily accessible ducts the adjusting devices shall be equal to Young No. 1 or No. 900 and shall be fastened to the ducts. E. Damper rods and operators on insulated ducts shall have extended r rods and stand off brackets. 2.05 FLEXIBLE CONNECTIONS: A. Provide sound isolating flexible connections between connecting ducts and the inlet and outlet of each fan. These connections shall in each case be long enough to permit a minimum separation of 3" between the duct and the fan or unit housing with at least r' 1" slack in the flexible material itself. B. The material shall be of a glass cloth type equal to 30 ounce Ventglas as manufactured by Ventfabrics. It shall be fire resistant, waterproof and mildew -resistant. 2.06 AIR DISTRIBUTION DEVICES: A. Furnish and install all grilles, registers, and diffusers for every purpose. Refer to the tabulation on the drawings for types, sizes and accessories. B. All grilles, registers, and diffusers located in the ceiling shall be factory finished in OFF-WHITE. C. Air distribution devices as manufactured by Titus, Metal -Aire, or Krueger will be acceptable. END OF SECTION 15320-3 a r SECTION 15330 - HANGERS AND SUPPORTS I PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General r and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE: �..� A. The Contractor for the work covered by each section of the I specifications shall furnish and install all hangers, supports and isolation required by pipe or equipment included in this work. PART 2 - PRODUCTS 2.01 MATERIALS: A. Materials shall be provided for the support of all piping and equipment. The following tabulation lists materials suitable for this duty. Equal materials manufactured by Fee and Mason, Carpenter -Patterson, Grinnell or Modern will be considered. MATERIAL SERVICE FEE AND MASON CAT. Hanger Copper Tubing 3" and smaller 361 copper plated Hanger Steel Lines 3" and smaller 215 or 199 Hanger Steel lines 4" and larger 239 Hanger Outside Insulation -all lines 239 Hanger Refrigerant Pipe 102 Wall bracket All 150,151,-or 155 Pipe Clamps 2" and Smaller 304 Pipe Clamps 3" and Larger, 241 Pipe Rest All _ 295 or 291 Exp Shield Concrete 374 Beam Clamps All 249, 254, 255, 282, 280 Adjuster All 2381 15330-l' 2.02 HANGER RODS: A. All individually suspended horizontal pipes shall be supported by steel rods sized as follows: - Rod Diameter Size of Steel pipe or Copper Tube Supported 3/8" 2-1/2" and smaller 1/2" 3" and 4" 2.03 HANGER SPACING: A. All hangers shall be so located as to properly support horizontal lines without appreciable sagging of these lines. Locate a hanger within 12 inches of every elbow or tee. The following table gives minimum spacing for copper and steel lines. However, hangers shall be more closely spaced where necessitated by conditions or required by code. Size of Line Hanger Spacing in Feet 3/4" and smaller 5 1" through 1-1/2" 7 2",and larger 10 PART 3 - EXECUTION 3.01 INSTALLATION OF SUPPORTS: A. All pipes shall be adequately supported. All piping shall be installed with due regard to expansion and contraction, and the type of hanger, method of support, location of supports, etc. shall be governed in part by this consideration. Transmission of vibration and noise shall also be considered and any special suspension with vibration dampeners required to minimize transmissions shall be used where specified or required. B. All exposed vertical risers running near walls shall be supported from the walls. Each line shall have a minimum of 2 supports, not greater than 10'0" on centers, with the additional provision that there shall be a support near the top of the riser. All supports shall be aligned. C. All vertical pipes shall be supported with riser clamps sized to fit the lines and to adequately support their weight. At the bases of lines, where required for proper supports, furnish and install anchor base fittings or other approved supports. D. Where vertical lines run down to a point near the floor and a support is needed, they may be supported by means of a pipe leg welded to the pipe, extending down to the floor and terminating in a capped end resting on the floor. E. Where pipes other than those specified hereinbefore, are running along walls, they shall be supported using hangers as described hereinbefore, but suspended from brackets bolted to the wall. 15330-2 Specially fabricated clips or U-braces may be used where commercially manufactured items are not available in the proper size. F. Where pipes run under steel construction, use beam clamps on beams. Under steel joists, piping may be suspended from rods thru the bottom chord with washers and double nuts. On piping ,. larger than 4", verify the joist strength before installation. G. Where pipes or equipment are suspended under existing concrete construction, drill and use Grinnell Fig. 117 expansion case or Phillips concrete fasteners in sizes not exceeding 1/2" and for •• loads of 200 lbs or less. For larger rods or loads above 200 e lbs drill through the beam above the bottom steel and bolt a Grinnell Fig. 202 bracket to the side of the beam for support. r" Size brackets per manufacturer's recommendations. Use pipe stands where required. H. Perforated strap iron and wire will under no circumstances be acceptable as hanger material. 3.02 DUCT HANGERS; A. All ductwork shall be supported in accordance with standards published by Sheet Metal and Air Conditioning Contractors National Association Inc. END OF SECTION 15330-3 r• F r- SECTION 15500 - EQUIPMENT PART 1 - GENERAL PW 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data and shop drawings on all items specified. 1.03 SCOPE: A. This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the mechanical equipment as shown on the drawings and/or as specified herein. B. This section requires the furnishing of all equipment specified and/or shown on the drawings. Equipment referred to singularly shall mean each item, and the total number of items shown or specified shall be furnished. All equipment shall be manufactured in the USA. C. All appurtenances and auxiliary equipment necessary to the function of any specified item of equipment shall be furnished with the item of equipment, whether specifically mentioned or not. Each item of equipment shall perform the function for which it is intended, and all work necessary to provide a complete functional system shall be provided. D. This specification requires that all items of equipment be completely installed, finally connected, tested and placed in service. E. It shall be the responsibility of the Contractor to verify all requirements of the equipment and the contract and certify with the submittal of the shop drawings that all requirements have been met, including: 1. Space requirements 2. Electrical requirements (voltage, phase, wires - No. and size) 3. Capacities 4. Clearance for maintenance 5. Quality 6. Quantity PART 2 - PRODUCTS 2.01 MOTORS: A. Motors shall be furnished for all motor driven equipment. Motors with special operating conditions such as multiple speed or in hazardous locations shall be as specified under the equipment served. General service motors driving through flexible couplings or belts shall conform to the following requirements: 15500-1 B. Less than 1/6 HP: Split phase, 40 degree C ambient, dripproof or enclosed as required by exposure, with a service factor of 1.0. C. Fractional 1/6 HP and Larger: Capacitor start, 40 degree C ambient, dripproof or enclosed as required by exposure, with a servicefactor of 1.0 or greater.- D. Integral Horsepower, Single Phase: Capacitor type, 40 degree C ambient, dripproof or enclosed as required by exposure, with a service factor of 1.15. E. Three Phase: High efficiency continuous duty squirrel cage type, 40 degree C ambient, dripproof or totally enclosed fan cooled as required by exposure with a service factor.of 1.15. Motors shall have the minimum performance as scheduled below. HE RPM SAME MIN EFF MIN POWER FACTOR 1 1800 143T 82 84 1-1/2 1800 145T 84 85 2 1800 145T 84, 85 3 1800 182T 86 86 5 1800 184T 87 87 7-1/2 1800 213T 88 86 2.02 STARTERS: A. Starters, except those furnished as an integral part of the equipment as specified herein, shall.be furnished by the Contractor under Division 16. Coordinate exact starter requirements and details. 2.03 FLUE VENTS: A- Provide and install flue vents on all interior gas burning devices. B. All such flue vents shall be constructed of.Metalbestos double wall metal conduit and shall be of the sizes recommended by the manufacturers of the devices vented. They shall be complete with_All couplings and other required fittings and shall terminate 24" above the roof in a ventilator type weatherproof rainhead similar and equal to a Breidert Air-X-Hauster. Where any vent passes through combustible construction it shall be provided with a separation in accordance with the standards of the NFPA. All vents shall be flashed and counterflashed into the roofing construction to the satisfaction of the Engineer and shall be watertight. 2.04 ROOFTOP AIR CONDITIONING UNITS - SINGLE ZONE: A. Furnish and install where shown on the drawings, complete summer -winter rooftop mounted air conditioning units as shown and scheduled on the drawings and as herein specified. Lennox, Carrier or Trane units will be acceptable. Units must be of the same manufacture, as indicated on the nameplate.- 15500-2 B. Equipment: Each basic unit shall be completely factory assembled and test ran before shipment. Roof mounting frame and thermostat shall be separately furnished and installed on this job. C. The size of the complete unit shall not exceed those indicated on the scale drawings. If supply and return air connections require duct modifications from that shown on the drawings, the Contractor shall submit revised drawings for the Engineer's review before installation. D. All electrical components shall carry the Underwriters' Laboratories Label. E E. Capacity: Some latitude will be allowed to compensate for differing unit manufacturers. However, units shall not be �« submitted with total capacity less than 10% below the scheduled o capacity nor less than 5% of the sensible capacity. ' F. Cabinet Construction: All components of each unit shall be contained in a single weatherproof casing. The cabinet shall be 1 constructed of heavy gauge galvanized steel. Exterior panels shall have a durable finish coat of outdoor acrylic enamel. Basic unit shall occupy the entire roof curb assembly. r" G. All exterior panels of the conditioned air portion of each unit shall be lined with 1" thick fiberglas insulation. In addition the entire bottom of the unit shall be insulated with fiberglass. H. Hail Guard Screen: Entire condenser coil shall be covered with 18 gauge, 1/2 " mesh galvanized wire screen. The screen shall be installed on the 24 gauge stand-off clips to allow 1" clearance F between coil and screen. I. Heating Section: Natural gas heating capacity as scheduled on the drawings shall be furnished in the unit. Burners using 100% secondary air shall be furnished and operation shall not be affected by wind or atmospheric conditions. Burners shall have dual limits and 100% safety shut-off. High voltage ignition and re -ignition and all necessary operating and safety controls shall be furnished. Standing pilots are not acceptable. Heat exchangers on all sizes of units shall be constructed of aluminized steel. - i"" J. Entire unit shall be AGA approved for firing with entering air at any temperature. K. Heat exchanger shall be warranted for a period of ten years. r•. L. Cooling Section: The cooling method shall be direct expansion coils with mechanical refrigeration. Coils shall have copper tubes with aluminum fins. Capacity shall be as scheduled on the plans. Provide crankcase heaters and safety protection for low r, suction and overcurrent. Units larger than five tons shall have expansion valves. M. The cooling system shall be rated according to ARI standard r"° 210. System shall be fully charged with refrigerant. Compressors shall be warranted for five (5) years. N. Outside Air Damper: 25% outside air intake with hood, inlet ,.. screen and damper. 0. Filter Section: Filters shall be factory furnished with each unit. Filter media shall be l" thick fiberglass or polyurethane. Filter face velocity shall not exceed 400 FPM. 15500-3' P. Blowers:- Each unit shall be equipped with forward curved blower wheels. Units up thru 5 tons cooling capacity shall have direct driven blowers with PSC multi -speed motors, or belt driven blowers. Units with over 5 tons cooling capacity shall have belt driven blowers. The belt tension shall be easily adjustable. Q. Vibration Isolation: The refrigeration compressors and the indoor fan system shall have rotating parts spring isolated from the unit cabinet to minimize transmission of vibration. Fan motors 1/2 HP and under shall be resiliently mounted. The condenser fan motors and the combustion air fan motors shall be resiliently mounted. R. Temperature Controls: Temperature controls shall be furnished as standard by the unit manufacturer. Thermostats shall be automatic changeover type equal to Honeywell T874/Q674 series with #TG504A1025 thermostat guard. 2.05 ROOF MOUNTING FRAME: A. A 13" high galvanized roof mounting frame supplied by the unit manufacturer shall be furnished and installed for the unit. B. This frame shall include a 2"x4" nailer secured to the sides to facilitate flashing. C. This frame shall exactly fit the unit and shall be approved by the National Roofing Contractors Association. D. This frame shall be set level and.squared according to the manufacturers instructions and secured to the building as detailed on the plans. E. All connections to the unit shall be made from bottom within the confines of the frame. 2.06 FURNACE - GAS FIRED: A. Furnace shall have the heating and fan capacities scheduled. It shall be a steel forced warm,air, gas fired winter air conditioner complete with heavy furniture steel casing, heat transfer element, burner, draft diverter, gas pressure regulator, electronic ignition and safety controls, squirrel cage fans with motors and drive, filter and all other standard accessories. B. Automatic controls at each unit shall include magnetic gas valves, remote room thermostats, limit controls, and thermostatic fan switch. Fan motors shall be provided with thermal overload protection. C. Temperature controls shall be furnished by the unit manufacturer. D. Furnaces as manufactured by Carrier, Trane and Lennox are acceptable. 2.07 PACKAGED DX COOLING COIL FOR FURNACE: A. Cooling coil shall fit the furnace. It shall be of the configuration indicated on the drawings. Provide complete with 15500-4 r coil, casing, drain pan, expansion device and other accessories required. When performing with the furnace and condensing unit it shall deliver the scheduled capacity. B. Provide the refrigerant piping to completely connect the coils j with the condensing units. The piping shall consist of precharged lines with quick couplings. Suction piping shall be �., insulated with foam plastic insulation threaded on and sealed. Support the piping with Unistrut hangers. ' C. Provide a liquid line filter dryer and a sight glass at each coil. D. Provide a drain line from each coil to the floor drain. 2.08 PACKAGED AIR COOLED CONDENSING UNITS: A. The air cooled condensing units shall be of the self contained packaged type suitable for outdoor mounting. Each shall be factory assembled complete with refrigeration system, condensing coils, fans, controls, etc. all in a rigidly constructed and finished housing. The condensing unit shall be connected to the remote cooling coil. The units shall be mounted as shown on the drawings. B. The refrigeration system shall be of the hermetically sealed type utilizing Freon as a refrigerant. It shall be of the air cooled type with the refrigerant condensed in copper coils with aluminum fins. C. The fan in each unit shall be direct driven with motor of the permanently sealed lubrication type. D. Each unit shall have minimum performance characteristics as tabulated on the drawings. It shall be furnished with the manufacturer's standard thermostatic, manual, and safety controls, and shall be completely internally wired. Each shall be furnished with anti -cycle timer, crankcase heater, high pressure switch and low pressure switch. E. Each compressor shall be guaranteed for 5 years. F. Units shall be manufactured by Lennox, Carrier or Trane. 2.09 UNIT HEATERS - GAS FIRED A. Unit heaters shall be vented, gas -fired, horizontal unit heaters and shall be AGA approved and so labeled. They shall be suspended from the building construction at a height and in a manner as directed by the Engineer. B. Unit heaters shall be complete with gas pressure regulator, manual firing cock, magnetic gas valve, electronic ignition, high temperature limit control, thermostat, combustion fan and shall be suitable for burning the gas locally available. C. The fan shall be propeller as scheduled. D. Temperature controls are to be furnished by the unit manufacturer. E. Unit heaters shall be as manufactured by Trane, Modine, or Hastings and shall have cfm and btu outputs not less than those shown. END OF SECTION 15500-5 r^ r SECTION 15600 - TESTING. ADJUSTING AND BALANCING MECHANICAL SYSTEMS r PART I - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SCOPE: A. This section of the specifications comprises the furnishing of all labor, materials, transportation, tools and appliances and in performing all operations in connection with the testing,' balancing and adjusting of various systems and portions thereof to produce proper flows of air and water, correct setting of regulation devices, and other end results as more fully described hereinafter. B. Upon completion of the installation and start up of the mechanical equipment, check, adjust, and balance systemic components to obtain optimum conditions in each conditioned space to the building. C. Prepare and submit to the Engineer complete reports on the balance and operation of the system. D. Make a total of three inspections within 90 days after occupancy of the building to insure that satisfactory conditions are being maintained throughout and to satisfy any unusual conditions. E. Make inspections in the building during the opposite season from that in which the initial adjustments were made and at those times make any necessary modifications to the initial adjustments required to produce optimum operation of the systemic components, to produce the proper conditions in each conditioned space. F. During the balancing, the temperature regulation shall be adjusted for proper relationship between controlling instruments and calibrated by the Contractor. The correctness of the final setting shall be proved by taking hourly readings for a period of 4 successive eight hour days in a typical room on each separately controlled zone. The total variation shall not exceed two degrees from the preset median temperature during the entire temperature survey period. G. In all fan systems, the air quantities shown on the plans shall be varied as required to secure a maximum temperature variation of 2 degrees within each separately controlled zone. H. Before final acceptance is made, furnish the following data: 1. A tabulation of the simultaneous temperature of all spaces on each separately controlled zone, together with the outside temperature at time of measurement. 2. A listing of the measured air quantities at each outlet corresponding to the temperature tabulation specified above. 15600-1 3. Static pressure readings entering and leaving each supply fan, and other components of the system. These readings shall be related to fan curves in terms of CFM handled. 4. Motor current readings at each fan. The voltages at the time of the reading shall be listed. I. The above data shall be neatly entered on appropriate forms together with any typed supplements required to completely document all results. Written explanations of any abnormal conditions shall be included. All this shall be assembled into a suitable brochure and a total of 4 copies shall be provided. J. When opposite season modifications are made, additional data sheets indicating new settings, readings, etc., shall be prepared and submitted in quadruplicate. 1.04 INSTRUCTIONS: A. During the test periods instruct the building operating personnel in the operation and maintenance of all equipment. B. Deliver to the Owner 3 complete instruction manuals covering the maintenance and operation of the system components. Provide complete data on all equipment, including for each item a parts list, and the name and address of the vendor where replacement parts can be purchased. END OF SECTION 15600-2 roll k SECTION 16110 - RACEWAYS AND FITTINGS PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE: A. The work shall include furnishing and installing all rigid steel and flexible metallicconduit, 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 CONDUITS: A. Rigid Steel Conduit: Rigid, threaded, thick -wall; galvanized inside and outside or galvanized outside with a protective coating inside; UL listed and labeled according to Standard UL6; conforming to ANSI Standard C80.1; Pittsburg, Republic Steel, Robroy or Allied. B. 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. C. 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. D. Liquidtight Flexible Metal Conduit: Spirally wound with hot dip galvanized steel strips as for flexible metal conduit; with polyvinyl chloride cover extruded over the exterior to make condit liquidtight; UL listed; Electri-flex type "LA" or equivalent. 2.02 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. B. Couplings and Terminations for Electrical Metallic Tubing: Join lengths of EMT with steel compression couplings. Attach EMT to boxes or cabinets with steel compression -type box connectors having an insulated throat with locknuts. Where grounding bushings are required at terminations, they shall be T & B Series 3802, or equivalent. Set screw type connectors or indent connectors will not be allowed. 16110-1 C. Couplings and Terminations for Flexible Metal Conduit: T & B 440 Series couplings at connections between flexible and rigid conduit; T & B 3110 or 3130 Series nylon insulated throat, steel connectors at box or cabinet terminations. D. 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. 2.03 PULL BOXES AND JUNCTION BOXES: A. Sheet steel, galvanized inside and outside,.with galvanized covers. 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. PART 3 - EXECUTION 3.01 INSTALLATION OF BUILDING RACEWAYS A. All wiring of every description shall be run in conduit or electrical metallic tubing unless noted or specified otherwise. Conduits may run exposed in machinery and electrical rooms and unfinished areas. All other conduits shall be run concealed unless otherwise noted. All exposed runs shall be installed parallel to the surface of the building in a neat and orderly manner. B. Types.: All conduits installed in .wet or damp locations, or on roofs shall be rigid galvanized steel conduits. Above grade interior conduits shall be rigid galvanized steel conduits, intermediate metal conduits. In sizes up to and including 4", electrical metallic tubing may be used in dry,locations where not subject to mechanical damage. EMT may be used in air conditioned spaces, such as accessible ceilings, dry wall partitions and exposed where 6' above the floor. EMT shall not be used outside, in concrete, underground, in underfloor spaces, in locations likely to be damp, or exposed within 6' of the floor. Conduits installed below grade in slabs or buried in earth shall be PVC or rigid galvanized steel. C. Sizes: Size and install raceways so that 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. Sizes of conduits shown on the drawings are minimum sizes,to be installed. D. 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. 16110-2 ra E. 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 1" from insulation on the pipe, breeching or flue crossed. Wherever possible, 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 r` both ends of raceways with an approved sealing compound to t prevent "breathing" and moisture condensation within the raceways. G. Different Systems: In systems operating at more than 300 volts between phase conductors, where different phase conductors are to be run to a common gang wall switch box, install a separate conduit for each different phase wire and its return switch leg, and provide substantial barriers between adjacent switches in the box so that two different phase wires will not be the same compartment. H. Joining Rigid Conduits: 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 by 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. I. 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. J. Penetrations: 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. Filling material shall be fire resistive and, in general, similar to the basic building materials through which the raceway passes. r• 3.02 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 r.. 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 16110-3 r, i non -removable type,:they may be supported on ceiling runner channels. Where conduits smaller than 1-1/4",are installed above removable ceilings, attach them to the structure or bar joists (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. 3.03 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. C. For Lighting.Fixture Outlets: 4" octagonal by 1-1/2" minimum depth .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"x4" size with proper square cornered tile wall cover, plaster cover, or finishing plate, except where construction will not permit or the device requires a.larger box, E. Wall Mounted Telephone Outlet Boxes: 4-11/16" square by 2-1/8" deep, unless otherwise noted or unless wall construction requires a smaller box. F. Boxes for Exposed Work: Cast metal boxes. G. Boxes for Outdoors: Cast metal boxes with gasketed covers. 3.04 INSTALLATION OF PULL AND JUNCTION BOXES: A. Sizing: Size all pull and junction boxes in accordance with NEC, using larger sizes than required by code where job conditions so indicate. B. 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. .0 Identification of Pull and Junction Boxes: Each pull and junction box shall be labeled with indelible ink to indicate the wiring contained inside the box. The label shall indicate the panel and circuit number of the wiring contained. The cover plates of boxes serving emergency circuits shall be painted red. Boxes serving other systems shall be indicated by name (Fire Alarm, P.A., Telephone, Data Cable, Nurse Call, Etc.). END OF SECTION 16110-4 SECTION 16120 - CONDUCTORS PART 1 - GENERAL 1.01 NOTE A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE: r- A. The work shall include the furnishing of all conductors, together with all splices, connections, identification, 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. B. Insulation: Branch circuits shall have type TW, THW, THHN or THWN insulation unless the type is specifically designated or specified. Service feeders shall be type THW or THWN. Feeder circuits shall be Type THW or THWN. C. Circuits Subjected to High Temperatures: Type'THHN or THWN conductors for wiring in proximity to boilers, and for motors and devices subject to high temperature because of high ambient temperature or convection or radiant heat. D. 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 "Scotchlok", Ideal or T & B "Piggy" make. All connectors shall be of proper sizes to match conductor sizes. Split bolt connectors are not acceptable. C. Phase conductors shall be black, red and blue for phases, A, B, and C respectively in the 208 volt system. 16120-1 R 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 pulliin 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. 3.02 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER): A. Branch Circuits: Not more than one power or lighting circuit shall be installed in a single conduit,,except that 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 may be installed in a single conduit. _This provision shall not prohibit the installation in a single - conduit of all conductors of a circuit with three- and four-way switching. B. 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. C. Receptacle and Motor Branch Circuits: No. 12 conductors unless noted or scheduled otherwise. D. Home runs on 120 volt, 20 ampere Lighting Branch Circuits: Where length of run from panelboard to first lighting outlet exceeds 75 feet use No. 10 conductors; otherwise use No. 12 conductors. E. 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 protected by application of "Scotchfil",insulating putty. F. Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. G. 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. 16120-2 ■UL 0- H. 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 1 16120-3 r, �d I SECTION 16140 - WIRING DEVICES PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE: r• A. Furnish and install in suitable outlet boxes, the wiring devices M indicated, complete with lamps, coverplates, etc. All shall be properly connected to conductors so as to be operable. F PART 2 - PRODUCTS 2.01 MATERIALS: A. Acceptable Manufacturers: The catalog numbers listed herein are generally of Hubbell manufacture. Equivalent devices of Arrow -Hart, Pass and Seymour or General Electric are also acceptable. B. Classification: All wiring devices shall be "Specification Grade", and shall be UL listed. C. Receptacle, 20 ampere, 125 volt, 2 pole, 3 wire grounding duplex: Hubbell No. 5362 (NEMA 5-20R). D. Weatherproof Devices: Provide the specified device in FS box with a gasketed cast aluminum or cast alloy coverplate having a lift cover. PART 3 - EXECUTION 3.01 CIRCUIT IDENTIFICATION: A. At each wiring device, install a label on the inside of the coverplate which shall identify the panel and circuit number to which the device is finally connected. The labels shall be made on the job with indent type Dynamo adhesive tape. Attach the label to the plate with contact cement or other suitable adhesive material. In lieu of a label, the panel and circuit number may be marked on the inside of the coverplate with an indelible pencil. END OF SECTION 16140-1 SECTION 16170 - CIRCUIT AND MOTOR DISCONNECTS PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Provide complete catalog data and drawings on all items of equipment. 1.03 MANUALS: A. Include all submittal data in the operation and maintenance manuals. 1.04 SCOPE: A. Provide all labor, material, equipment, and service necessary for and incidental to the complete electrical distribution system. PART 2 - PRODUCTS 2.01 DISCONNECT SWITCHES: A. Unless otherwise noted or required, all disconnect switches shall be UL listed and shall meet NEMA Standard KS1-1983 for Type HD heavy duty switches. Switches shall be unfused unless noted otherwise; quick make, quick break; in NEMA 3R enclosures if exposed to the weather; elsewhere in NEMA 1 general purpose enclosures unless special enclosures are required. All motor circuit switches shall be horsepower rated. B. Switches shall be of General Electric, Square D, Westinghouse or r ITE manufacture, equivalent to General Electric Type TH quick make, quick break switches. C. Where space does not permit use of the above specified switches, such as within weatherproof fan housings, etc., use suitable t horsepower rated tumbler switches as unfused disconnects; General Electric Type RB or equivalent. D. Where disconnect switches are used to disconnect starters, �., provide auxiliary poles in switches as required to disconnect all auxiliary control circuits in starters. 71 END OF SECTION 16170-1 SECTION 16195 - ELECTRICAL IDENTIFICATION PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SCOPE: A. The work shall include furnishing and installing identification signs on all electrical devices. r PART 2 - PRODUCTS 2.01 NAMEPLATES: A. Electrical equipment shall be identified by the attachment of engraved nameplates constructed from laminated phenolic plastic, at least 1/16" thick, 3-ply, with black surfaces and white core. Engraving shall be condensed gothic, at least 1/4" high, appropriately spaced. Nomenclature on the label shall include the name of the item or equipment served utilizing the equipment names shown on the drawings. PART 3 - EXECUTION 3.01 EQUIPMENT: A. All electrical equipment shall be identified by name utilizing engraved nameplates. �— 3.02 CONTROL DEVICES: A. All electrical control devices shall be labeled to indicate the device served. All electrical control devices shall be labeled regardless of proximity to the equipment served. END OF SECTION 16195-1 r+ i SECTION 16450 - GROUNDING PART 1 - GENERAL r 1.01 NOTE: A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS: A. Submit manufacturer's data on all products. 1.03 SCOPE: A. Furnish and install the various grounding systems outlined herein in accordance with the National Electrical Code. PART 2 - PRODUCTS 2.01 MATERIALS: A. Products for grounding systems are specified elsewhere herein. j PART 3 - EXECUTION .- 3.01 EQUIPMENT GROUNDING CONDUCTORS: A. Provide a separate, green -insulated copper grounding conductor, with insulation of the same rating as phase conductors, for each feeder and for each branch circuit indicated. Install the grounding conductor in the same raceway with the related phase and neutral conductors, and connect the grounding conductor to pull boxes or outlet boxes at intervals of 100 feet or less. Connect all grounding conductors to bare grounding bars in panelboards, and to ground buses in service equipment to the end that there will be an uninterrupted grounding circuit from the point of a ground fault back to the point of connection of the equipment ground and system neutral. Size all of these grounding conductors per NEC Table 250-95. END OF SECTION 16450-1 r r d r— ,SECTION 16475-'OVERCURRENT PROTECTIVE DEVICES PART I - GENERAL i 1.01 NOTE: A. Conform with applicable provisions of the General Conditions, r.. Special Conditions, General Requirements and Supplemental Requirements. 1.02 SUBMITTALS: A. Provide complete catalog data and drawings on all items of equipment. 1.03 MANUALS: A. Include all submittal data in the operation and maintenance manuals. 1.04 SCOPE: A. Provide all labor, material, equipment, and service necessary for and incidental to the complete electrical distribution system. PART II - PRODUCTS ( 2.01 FUSES: A. Furnish and install all fuses necessary for leaving the installation complete and in working order, including a complete �" set of fuses in each spare switch. :. B. Upon completion of the work provide a standard carton (but not less than 3 fuses where a carton does not contain as many as 3) of each size of each type of fuse used. These spare fuses are in addition to fuses in spare switches and replacement fuses blown during construction and testing. r C. Place a fuse identification label, showing type and size of the required fuses, inside the door of each enclosure requiring fuses. D. Fuses shall conform to the latest NEMA Standards, and shall be r UL listed and labeled (except as noted otherwise) They shall conform to the UL classes listed hereinafter. Voltage ratings shall be suitable for the systems to which the fuses are r• applied. E. Fuses shall be shipped to the job in boxes, and shall not be installed in any equipment until the installation is complete, and final tests have been made prior to energizing the equipment. F. Where the spacing of fuse clips in equipment is greater than required by the proper size of fuse, use suitable fuse reducers to fit the fuses. G. Fuses shall be of the classes and types listed below, the type designations referring to those indicated on the plans. 16475-1 r H. Type LP: Class RK-1; Bussmann Type LPN or LPS "Low Peak". Fuses shall be available in ratings 0-600 amperes, shall be current limiting dual element with time delay, and shall have interrupting rating of 200,000 RMS symmetrical amperes. Fuses shall be equipped with slotted blades, and switch fuse clips shall be provided with matching NEC fuse rejection feature. 2.02 CIRCUIT BREAKERS / A. 120 Volt Molded Case Circuit Breakers: One, two and three pole, thermal magnetic, bolt -on UL listed. Two and three pole circuit breakers with common trip and single operating handle. UL listed for switching duty, 15 and 20 ampere single pole. UL listed as HCAR type, 15-60 ampere, one, two and three pole. Operating mechanism shall be over center, trip free, toggle mechanism with quick -make, quick -break action with positive handle indication. Thermal -magnetic trip element calibrated for 40 deg. C. ambient temperature. Terminations for 10-30 ampere breakers shall be.UL listed for use with 60 deg. C. or 75 deg. C. conductors. Terminations for 35-100 ampere breakers shall be UL ,listed for use with 75 deg. C conductors. Accessories shall be provided as shown on the drawings. Interrupting rating shall be equivalent to ratings indicated on existing panels. END OF SECTION 16475-2 SPECIAL CONDITIONS NOTICE OF ACCEPTANCE TO: The City of Lubbock, having considered the proposals submitted and opened on the _day of 199_, 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 on the day of 199_ 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 relceipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative