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Home My WebLink AboutResolution - 2004-R0269 - Contract For Fire Station Vehicle Exhaust Systems - Air Cleaning Tech., Inc. - 06/09/2004RESOLUTION Resolution No. 2004-R0269 June 9, 2004 Item No. 44 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 for Fire Stations #9 and #11 vehicle exhaust systems, between the City of Lubbock and Air Cleaning Technologies, Inc. of Broken Arrow, Oklahoma, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of ___ Ju_n_e ___ .• 2004. ATTEST: Qg~;UU.d,. ~ Reb ecca Garza, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: as/ccdocs/Contract-Air Cleaning Tech.res May 26, 2004 0 ~~ 72c .# c)fJD<j-A_ ~ 6 Cf BOND CHECK if BE ST RATING -+-f3...._ __ _ -1Y"C°-w C lTY ()F LUBBOCK SPECI FI CATIONS FOR LI C ~l~ r t_EXAS OAT 0 ev @ FIRE STATION #9 & #11 VEHICLE EXHAUST SYSTEMS ITB #061-04/RS "_4 Cit:/ Of-PJanned Progress ,., L·ubbocl<, Texas I J City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13 TH STREET LUBBOCK, TEXAS 79401 ( PH: (806) nS-2167 FAX: (806)n5-2164 http://purchasing.cl.lubbock.tx.us MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: ( ITB #061-04/RS, Addendum #1 ADDENDUM#1 ITB #061-04/RS Fire station #9 and #11 Vehicle Exhaust Systems April 22, 2004 Aprfl 22, 2004 @ 2:00 p.m. April 29, 2004@ 3:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The closing date has been changed from April 22, 2004 at 2:00 p.m. to the new closing date of Aprfl 29, 2004 at 3:00 p.m. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) nS-2164 or Email to rshuffleld@mail.ci.lubbock.tx.us THANK YOU, Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language. requirements. etc .• or any combinations thereof. inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. 061-04RSAdd1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13lll STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: ( ITB #061-04/RS, Addendum #2 ADDENDUM #2 ITB #061-04/RS Fire Station #9 and #11 Vehicle Exhaust Systems April 29, 2004 April 29, 2004 @ 3:00 p.m. May 20, 2004 @ 3:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The closing date has been changed from April 29, 2004 at 3:00 p.m. to the new clostng date of May 20, 2004 at 3:00 p.m. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to rshuffield@mail.ci.lubbock.tx.us THANK YOU, It Is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager If any language, requirements, etc .• or any combinations thereof, inadvertently restricts or limits the requirements stated In this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. 061-04RSAdd2 0 0 G 0 [J [ CITY OF LUBBOCK SPECIFICATIONS FOR FIRE STATION #9 & #11 VEHICLE EXHAUST SYSTEMS ITB #061-04/RS "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas D 0 r D D CITY OF LUBBOCK INVITATION TO BID FOR TITLE: FIRE STATION #9 & #11 VEHICLE EXHAUST SYSTEMS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 061-04/RS PROJECT NUMBER: 90321.8107.10000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT D 1. 2. 0 3. 4. 5. 6. 7. 8. 9. c 10. NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL -BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS [ NOTICE TO BIDDERS Li D 0 NOTICE TO BIDDERS ITB #061-04/RS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 22nd day of April, 2004, 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: "FIRE STATION #9 & #11 VEHICLE EXHAUST SYSTEMS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on the 22nd day of April, 2004, and the City of Lubbock City Council will consider the bids on the 6th day of May7 2004. at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of~ or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen ( 15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non-mandatory pre-bid conference on 13th day of April, 2004 at 10:00 o'clock a.m., in the Engineering Conference Room 107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 131 h Street, Lubbock, Texas, Purchasing Department, Room l-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from Higgins & May, 1518 34th Street, Lubbock, Texas 79405, Phone: (806) 762-0419. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER D c r L c c c u GENERAL INSTRUCTIONS TO BIDDERS 0 c 0 0 GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to, furnish FIRE STATION #9 & #11 VEHICLE EXHAUST SYSTEMS per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 22nd day of April, 2004 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left- hand corner: "ITB #061-04/RS, FIRE STATION #9 & #11 VEHICLE EXHAUST SYSTEMS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: 1.2 1.3 Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1 .4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE-BID MEETING 2.1 2.2 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non-mandatory pre-bid meeting will be held at 10:00 a.m .. April 13th. 2004 in Engineering Conference Room 107. Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. 3 ADDENDA & MODIFICATIONS 3 .1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3 .2 3.3 3.4 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. The City does not assume responsibility for the receipt of any addendum sent to bidders. 1 4 5 6 7 8 9 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 4.2 Each bidder shall carefully exam ine all ITS documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITS does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS. CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The C ity of Lubbock w ill honor your notations of trade secrets and confidentia l information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisd iction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES. PERM ITS. TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of loca l resources, and to outline in their bid subm ittal how they would utilize local resources . CONFLICT OF INTERESi' 9 .1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 2 0 0 D 0 D 0 0 D 0 D 0 0 0 0 0 0 0 0 0 0 [ 0 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10 .1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 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. 11 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 or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements. etc .. or any combinations thereof. inadvertently restricts or limits the requirements stated in this ITB to a single source . Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITl.ONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: RON SHUFFIELD, SENIOR BUYER City of Lubbock 1625 131h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: RShuffield@mylubbock.us TIME AND ORDER FOR COMPLETION o 13 D 13 .1 The construction covered by the contract documents shall be substantially completed within SIXTY (60) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 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 ensure completion of the project within the time specified . 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements 3 0 contemplated by the contract documents have been paid in full and that there are no claims pending, of which the D Contractor has been notified. 16 17 18 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. GUARANTEES 17 .1 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 sha ll 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 w ith in ONE year from date of final acceptance of the work as a result of defective materials or workmansh ip, at no cost to the Owner (City of Lubbock). 17 .2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault-free performance and fault-free result in the processing date and date-related data {including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations w ill be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time , to demonstrate the procedures it intends to follow in order to comply with all the ob li gations contained herein. 17 .3 The obl igations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the C ity of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock avail ing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to term ination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, impl ied or expressed, or limitation to the Contractor's li ability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 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 wi ll on ly 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 contemp lated by the Contractor. 19 PROTECTION OF THE WORK The Contractor sha ll 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, partia ll y paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the r ight, after the bids have been opened and before the contract has been awarded , to require of a b idder the following information: (a) (b} (c) The experience record of the b idder showing completed jobs of a s imilar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed . A sworn statement of the current fi nancia l condition of the bidder. Equipment schedule. 4 0 0 0 D 0 0 0 D D D 0 D 0 0 0 D 0 D D l 20 TEXAS STATE SALES TAX 21 22 23 24 25 20.1 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. 20.2 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. 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. 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. EXPLOSIVES 23.1 23.2 23.3 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 gro.und) 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. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. INSURANCE 25 .1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change . All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his-sole cost and expense through the life of this contract, insurance protection as hereinafter specified . Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether 5 26 27 performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. LABOR AND WORKING HOURS 26.1 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 that 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 provid ing for the payment of the wage schedu les above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per d iem 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 w ill not be performed on weekends or holidays unless the following conditions exist: D 0 0 D 0 D 0 D 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary D service to its citizens. - 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is 0 approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract with in the allotted time. 26.2 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. 26.3 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. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day follow ing 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 particu lar classification as set forth in the schedule of general prevailing rate of per diem wages included-in these contract documents. 6 D D 0 0 D 0 D 0 D D B 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR . TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). ( e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. U) 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. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations 7 32 D deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall D furnish to the City of Lubbock all information for th is purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the o contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. {b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation , j udgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services . BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on Total Bid Amount. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determin ing the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti-Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 8 0 0 D D D 0 D D 0 D 0 D 0 0 0 D l D LI u [ BID SUBMITTAL ~--------------------·------· BID SUBMITIAL LUMP SUM BID CONTRACT h 11 LJ DATE: APRIL 19, 2004 I PROJECT NUMBER: #061-04/RS -FIRE STATION #9 & #11 VEHICLE EXHAUST SYSTEMS Bid of AIR CLJWmlG DCIDIOLOGDS, IRC. (hereinafter called Bidder) I 1300 VBS'l DEDOJ.7 BRmD ARRON, Cit 740U 800-351-1858 J To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) I I • Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a FIRE STATION #9 & #11 VEHICLE EXHAUST SYSTEMS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. PlFJ:Y FIVE 1JIOUSAND DIRD PL'DIJVBliU VIBICLB DIWJS'.r RlllJVAL BQUIPMBR'.J: .ASSJMBLJRS, ALL DU<:r, 11UMDRBD nmrt:rr SEVEN DOLi.US MATERIALS: MADRIALS, .ASSOCiilED BARDiWm & SDUC1'IJIW. urc SOPhlkl'S ($ 55.327,00 ~ 1WBH'lY SIX 'l'llJUSAND SERVICES: LABOll Mm IRCIDEKW.S ($ m .ffrE" DOU.ARS TOTAL BID: nG111'1 OD momwm l1IREI BUMDRED su:n F01JR nm.1,ps ($ a1 1 1fi4 oo ) (Amount shall be shown In both words and numerals. In case of discrepancy, the amount shown In words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 60 (SIXTY) 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 $250 (TWO HUNDRED FIFTY) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents . ' I Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid Is a Cashier's Check or Certified Check for N/A -------------~ Dollars ($ N/A ) or a Bid Bond In the sum of Pour Dwusand Sixty Bhht Dollars Twenty r.ents ($ 4.068.20 ), which It Is agreed shall be collected and retained by the Owner as liquidated damages In the~- event the bid Is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error In the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) Date: APRIL 19, 2006. A~~ ID> C. DAVIS, VICI PRESIDBN'l (Printed or Typed Name) • An/2 ,I 1.~d.~ I Secretary ~. DOMCAR Company 1300 WEST DUROll Address OORPORilE SECRE'.rARY BRCDM ARROW I Bidder acknowledges receipt of the following addenda : City, <ICLAIDIA I J Addenda No .· Addenda No. Addenda No. Addenda No . M/WBE Firm: NONI HDNI Date_N __ /_A __ Date_N....,/ ..... A __ Date_.N ... /,,..A.___ Date_N __ /_A __ Woman His anic American Black American State Telephone : 800 Fax: 918 Asian Pacific American ? County 74012 Zip Code -351-1858 251-4977 ~ ~ ' 1. 2. 3. 4. ' 5. 6. I 7. I 8. 9. I 10. ' I ' .J I ' J I ' • LIST OF SUBCONTRACTORS .AIUmDONG MICllARICAL 00. INC. 710 EAST 40th S'.DtEE'.I 806-71+7-1+21.7 ' '- 3 Minority Owned Yes No 0 ik 0 0 0 0 D 0 0 0 D 0 0 0 0 0 D 0 0 0 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. CONTRACTOR'S FIRM NAME: Aill CLIWIIRG DCllMOLOGIBS, IRC. (Print or Type ) CONTRACTOR'S FIRM ADDRESS: 1300 WEST mmtoll -------------------- BROUN ARROW, OlC 74012 800-351-1858 RICH & CAimlILI. Address of Agent/Broker: __ 2_138_EASr--""---'-5Is~t ----'#"--400-=-------------- City/State/Zip: ______ mLSA_....L..-01t---"1....;_,.1;.;..;;o..;;_5 ______________ _ Agent/Broker Telephone Number: ( 918 )_1_u_-_BB_11 ____ :r._u_..:~9-=18'"'""-....... 144""-"-"-M"'"-'-=29"'--- • Date: __ ,./ __ 1_9/_0lt ____ _ •rr===--=========~===-=======~==~ NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, -· please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #061-04/RS -FIRE STATION #9 & #11 VEHICLE EXHAUST SYSTEMS 4 " • • • ii l .. ,~. CITY OF LUBBOCK CONTRACTOR NOTIFICATION AND ACKNOWLEDGMENT of the presence of asbestos containing building materials (ACBM) The purpose of this document is to advise the contractor/bidder of the presence and location of ACBM in the building(s) indicated below. The City of Lubbock makes this notification in our continuing effort to comply with all environmental, health, and safety regulations associated with asbestos. Fire Station # 11, at Rt. 3, Box 25, (LIA) in Lubbock, contains asbestos containing building materials (ACBM). The description of the known materials and their locations is listed below. Type I Location: Mastic under 12" X 12" floor tile. brown I Rm. #'s 5. 9. & 11 Type I Location:------------------------- Type I Location:------------------------- The above should not be considered a complete and/or exhaustive list of ACBM in this structure. Materials can be encased behind walls and not readily visible or accessible. Your signature below indicates your acknowledgement and agreement of the following: 1) You have been notified of the presence and location of known ACBM, 2) You will avoid the disturbance of known ACBM unless trained, licensed, and authorized to do so, and 3) You will advise a City representative in the event of any accidental disturbance of the ACBM listed above. Please return the original, signed version with your bid submittal. ADl CLIWWtG 'IICBNOLOGIES IMC. Contractor Name: __ uoo=---.......... WEST=._n=m=RO-==u ______ iiih==--=ARRPN= .... ·,_<x==-...... 740......,12..__--'800----l ... 5-.1-..... 1 ... 85 ... 8...___ Contractor Representative: 11>11'.rY n. DUNCAM, OORPORAD SECRB'.l'ARY -J-L""""""· ----~-:-l_j_, -~-/-/ '--r,-<...a,--__,,--D-at-e:-4-/1-9-/04-- Contractor Signature: 7 ;; ~ Attention Purchasing dept: Please forward the signed document to the Facilities Management department, Attn: Asbestos Coordinator J J ACORD. CERTIFICATE OF LIABILITY INSURANCE csR 1>a I DATE fMMIDDIVVWI UBCL-1 04/20/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE UCH ~ c:Ml'l'MILL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2738 zast Slat 1400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'J!ulsa Olt 74105 Phone:918-743-8811 rax:918-744-8429 INSURERS AFFORDING COVERAGE NAIC# NIUR&D l~ERA 1t •aul •ire a .. sille Jrl8 co INSlRERB: .amexican Me~UJ:Y Ins Co. Aix Cleantng Tecbnol09ies Inc INSlRERC: ... .,.at Jnau•lnC• co,.orau.n 1300 w De r it INSUlERD. Broken Arrow OK 74012 INSUlERE : COVERAGES THE POLICIES OF INSIJW.ICE llSlED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD lr.DICAlED. NOlWITHSTAN:>ING N1Y REQUIREMENT. TERM OR C<N>ITION OF ~y CONTRACT OR OTHER OOCLt.ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSLED OR MAY PERTAIN, THE IN&.RNICE i'FFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ,._L THE TERMS, EXCl.USIONS HfJ CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 'Llit iiiRi T'IPEDF~E ~ICY,._ER o"iiiiliw1mi DATE 1-..wn'J LIMITS GENERAL UABLITY EACH OcaJIRENCE $1000000 -08/01/03 08/01/04 PRi:'MiSes(E~~.;c;,vence1 s 100000 A x COMllERCIAL GENERAL LIABILITY CK035049H -D CLAllo45 MAa:: lfil OCCl..R MED EXP (Anv one parson) •5000 1-- PERSONAL & ADV IN.lJRY • 1000000 -GENERAL AGGREGATE •2000000 -GEHL AGGREGATE LIMIT APPLIES PER· PRODUCTS • C<M'/OP AGG •2000000 -,POLICYn~ nLOC AUTOMOBILE UA8Ll1't COll'BINED SINGLE LIMIT -S1000000 B x >Hf /IUTO CLP'7000995 03/28/04 03/28/05 (Ea ecciclartl ...._ I'll OWNED MJTOS BCIOIL Y IN.A.RY -$ SCl£0LlED MJTOS (Pe<P""""l 1-- HIRED AUTOS BCIOIL Y IN.lJRY -• NCJN.0WNE0 ~TOS (Por ICClclart) - -PROPERTY DMlAGE $ (Per ICQderl) GARAGE IJMllLRY /IUTO OH. Y · EA ACCIDENT s RNIYAUTO OTHER'llWI EAACC s AUTO ONLY . MG • EXCEllAIMllRELLA LNU1Y EACH OCCIJ!RENCE • 5000000 A [] OCCUl D CLAIMS MADE Clt03504966 08/01/03 08/01/04 AGGREQ.f.TE • 5000000 $ ;=! DEDUCTISU: $ RETENTION s10000 $ WOAICER8 COWENSATION AND x hC>Rvi'.it.liiS I IVER c EllPLOY&tr LWl&.ITY WCX0009302 03/23/04 03/23/05 • 500000 ANY PROPRIETORIPARTNERIEXECUTIVE E L EAOi ACCIOENT OFFICEIWE!lt!ER EXCLUJED? E l DISEASE · EA EMPLOYEE $ 500000 ~C:=v:"oN& below El. DISEASE ·POLICY LIMIT $ 500000 cma A x11.ata11atio11. r1t CK03S04966 08/01/03 08/01/04 $200,000 DEICRIP1ION Of DPERAllONS I LOCATIONS I ..,,,...LEI/ EXCLUllONI ADOED BY ENDORIEIENT /SPECIAL PROW KINI Pxoject: rixe Stations #9 ' #11 Vehicle BXhaust Systems for the City of Lubbock, 'l'exas CERTIFICATE HOLDER CANCELLATION ~be City of Lubbock Victor Kilman Purchaaing Mqr 1625 13th stxeet Rm L-04 Lubbock '1'X 79401 ACORD 25 (20011081 Cl'l'Y178 SHOULD NfV OF THE ABOVE DESCRIBED POLICIES BE CANCB.l.ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL - - -OAYS WRITTEN NOTICE TO THE CanlFICATE HOLDER NAMED TO THE I.EFT, BUf FAILURE TO 00 so SHALL IWDSe NO OBLIGATION OR LIABILITY OF NfV KllCI UPON THE llSUAER, ITS AGENTS OR REPRESENTATIVES. @ACORD CORPORATION 1988 J J Bond No. BID BOND The American Institute of Architects, AIA Document No. A3 I 0 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Air Cleaning Technologies, Inc. as Principal hereinafter called the Principal, and _O_kl_ab_o_ma_S_urety__,.._C_o_mpao_~Y------------ as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Lubbock as Obligee, hereinafter called the Obtigee, in the sum of Five Percent of Amount of Bid------- Dollars ($-5o/r--), 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 Fire Stations 9 & 11 ·Vehicle Exhaust Systems Bid Number ITB#061-04/RS 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 9r 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 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 this _2_2_n_d _________ day of _A __ p,_r_il ________ _ 2004 Witness ~ YBG111R BUSIDSS ADI. IER. By: Aill CLIWUMG DCBROLOGIES, DC. 1300 Yin DB'.rROll BRmER ARROW, <It 74012 800-351-1858 Principal ~6. tlJKrY D. DtlicAR mRPORA:m SECREDRY (Seal) b~ Name/Title Oklahoma Surety Company ~ Surety (Seal) By:~ '31 ~omey-;n·fEt ( OKLAHOMA SURETY COMPANY Tulsa, Oklahoma Know all Men by these presents: That the OKLAHOMA SURETY COMPANY, a corporation of the State of Oklahoma, having its principal office in the city ofTulsa, Oklahoma, pursuant to the following By-Law, which was adopted by the Stockholders of the said Company, to-wit: Section 10, Article IV, "All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, The President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The Chairman of the Board, President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, or other obligations of the corporation." The Company does hereby constitute and appoint Pam Derichsweiler, Ann Hopkins, Robbie Loyd and Michael J. Swenton, individually ofTULSA, OK its true and lawful attomey(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed, Any and all bonds and undertakings of Suretyship And the execution of such instrument(s) in pursuance of the presents, shall be as binding upon the said OKLAHOMA SURETY COMPANY, as fully and amply, to all intents and purposes, as ifthe same had been duly executed and acknowledged by its regularly elected officers at its principal office in Tulsa, Oklahoma. IN WITNESS WHEREOF, OKLAHOMA SURETY COMPANY has executed and attested these ' 2003 presents this 16 dayof June SARA ANDESON ASSISTANT SECRETARY VICE PRESIDENT This certifies that any facsimile or mechanically-produced signature of any officer of the Company and Company seal, wherever appearing upon a power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation '''"'" .. '"'"' ./1 I II B-8888-08 ,,.,., ... '' St U R [,. ~''•,, this 22--N J day of Hor: , 2-0 o '1':' ..... ~ ···-·· ~ -; --J'F--''----------!~1··;,011;··· .. ('1""~-e1 ~ -~ ~ ;-··-~ ~ : ..... :\, .,,.. .. "..'!~ . 0-.. ~ . ~ , . -~ : ~ i l& i .,, : SARA ANDERSON Assistant Secretary ::.-'.SEA •}>..: ~ . . ' ~-!I-·.. . .. ~: ~O\. t"r ::- --:..-:.. ''. . ... · , .. ~ "'.-tJ • •• • •• •• • . lt-, ....... ''••,,,,,, ~ "4 H 0 t"' ,,, .. Ill It I U \f .. \\\\\\.,\ BN03700598 c l L BONO CHECK ,A BEST RATING __J~L.._,;;_ __ _ LICEN~r IN ~EXAS :'~ DATE 1 fi BY ....1r:i...:.L.c:4:1!::--- PAYMENT BOND Bond No OK0031314 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE {CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Air Cleaning Technologies Inc (hereinafter called the Principal(s), as Principal(s), and Oklahoma Surety Comany- {hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee}, In the amount of Eighty One Thousand Three Hundred Sixty Fourollars ($ 81,364.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the __ day of -------' 20 __ • to Fire Station # 9 and # 11 Vehicle Exhaust Systems 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 ::laimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said ::ontract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED. HOWEVER, that this bond Is executed ptJrsuant to the provisions of Section 2253.021(a) of the fexas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said l\rticle to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 15th day of June 20....Q!_. Oklahoma Surety Company Surety w ~.fl (TW RObbieLOYd Attorney-in-Fact Air Cleaning Technologies Inc (Company Name) i3oo WEST DETROIT BROKEN ARROW, OK 74012 800-351-1858 By: DAVID L. DUNCAN E:.V~ (Signature) PRESIDENT (Tille) 0 The undersigned surety company represents that it is duly qualified to do business in Texas. and hereby lesignates Howard Cowan an agent resident in Lubbock County to whom any requisite notices may be delivered ind on whom service of process may be had in matters arising out of such suretyship. Oklahoma Surety Company Surety •ay f.it~/ {Ti ) \pproved as to form: Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing hat this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of 1ltorney for our files. 2 ··i"'.:.. Section 1 Q. Article IV, ~'All bonds,. poli_cies, UJ1d.¢aking$ or ,~ther obligaticm~ of the .~i:poration sJlall . be exec,~ in th~,conxi~ate name of the : .. ·.:· ···company:t>y ,the cbhlrman ot't1ie,Bo~ the ffisident; .. Sec~efucy, any~~sistant seerefary,,.;Tieasiirer/.or ·M{y Viee President, ·-Or, by such other ~{" "'};~~ offl,cers :¥ the~Boar4 of pii~ctc>rs rii~ aUtAqrlze. ~ th.e Ch~ ~f the i3,()ardi ~e~~en~ atly yite Pie11fd~t;_'~eci:e~. ati). AssiStant S~etaty, ;~ ~'.Of the Ti'~ ni~YAP¢ffitAttomeys :~ ~t o~ Agentl!; wh()_.shall hav~ -autlioritY tc(is~~ l?§nds, po1i<;i~s,;or ~dertaltjiigs @:the' name of f4e .; ,• / , /" C6'inpany: pie ~otjrorate seal isinoi ,necessfily for :uie -\ralldicy .:Of aµy bondS, ~lic._iepihdert¢cingsi o{ot4ef obligatio~. of tht'., c0rporation." · · .. , ~: ~ ' -~-·~ }': The Co0iparii dqes hereby ,~.oti~j~te and ~~~?int _; ' ~: ~PC\~· Derlchs\Y~~l~t, ~n Hopkin~, R.obbi'' L.Oyd a~~ ., ., / . ' .. ·' ' Michael J: Swenton, indlVidiJally ofTULSA, 01< · · · .. : · · · -~ · · ·· " [ l~ BOND CHECK II BEST RATING ....,,,_tt ___ _ LICENS ~ !N ~EXAS m DATE "111.lE!:L ev _~---- PERFORMANCE BOND 0 D D D D 0 [] 0 0 [ Bond No. OK0031314 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021 (a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Air Cleaning Tech.nologies KNOW ALL MEN BY THESE PRESENTS, that Inc (hereinafter called the Principal(s), as Principal(s), and Oklahoma Surety Company ----- (hereinafter called the Surety(s}, as Surety{s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Eighty One Thousand Three Hundred Sixty F®C>llars ($ 81,364.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the_ day of _____ __,_. ----· 20_, to Fire Station # 9 and # 11 Vehicle Exhaust Systems 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 Section 2253 .021(a) of lhe Texas Government Code, and all liabilities on this bond shall be determined In accordance with the provisions of said article to the same extent as if It were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety {s) have signed and sealed this instrument this 15th day of June • 20....Q!_. Oklahoma Surety Company Surety ·ay. ~d;~J <Tif RObbieLOyd Attorney-in-Fact Air Cleaning Technologies Inc 800-351-1858 (Company Name) 1300 WEST DETROIT BROKEN ARR<M, OK 74012 By: DAVID L. DUNCAN :z;~ naru~ (Tille) J. c The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby :Jesignates Howard Cowan an agent resident in Lubbock County to whom any requisite notices may be delivered and on Nhom service of process may be had in matters arising out of such suretyship. \pproved as to Form Oklahoma Surety Company Surety 'Note: Ir signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing hat this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of !llorney for our files. 2 L L [ [ [ L [ CERTIFICATE OF INSURANCE D ACORD. CERTIFICATE OF LIABILITY INSURANCE CSR DR I OA"Tf (MMIDDIVYYYI AU\CL-1 06/28/04 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE lUCH & CAR'l'Ml:LL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2738 :cast Slst #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tulsa OK 74105 Pbone:91B-743-8811 l!'ax:91B-144-8429 INSURERS AFFORDING COVERAGE NAIC II INSVRliO 11-IS\llER A_ st P•ul rlr• c tuirin• ln1 ce INSlRERO American Mercui:y Ins co . Air Cleaninq.Technoloqies :Inc INS~ERC V••tport Jnavl'.nc• cori-or•U.an 1300 w Detroit U"51.JlER 0 Broken Arrow OK 74012 -. ~-- ll~ERE COVERAGES TI<!!: POl.ICIES OF INSUW<CE llSTEO BElOWW\Vc otrn L';SUEO TO IHE INSUllEONAMEO .olY.JVE FOO 11-C POLICY PERY.II) 1-0ICAlEO. NOIWl\"nSTIV-OIN<;. N'Y REOIJIREMENI. lEllM OR COl'«>1TIONOI' IV<Y CO!ffllACT OR OTI-CR OOCIAENT WITll RESPl:Cl TO \~ICltltqS CEllTIFICJ\TE MAY BE ISSU:O CA MM PE/llAIN. Jl'E 11<5\.Rl'NCE l\fFOROEO OV 111( PO\ ICIES OtSCRll-'11:0 HEREIN IS SUU:CI TC> AlL 111E TEil...:>. E.l<ClUSIONS N-D C<.f'D11KltlS Of SUCH P~ICICS llGC.AC!GAlE LIMllS SttOWH-V llAVE OC.Etr RCCU:to O"t PAIO ClJllMS -P~11..11•c "UL"-' .:iii INs'Ri lYPE OF INSUAANCE POllcY NUMBER DA E MMICIOM'I OATE (MNIDO/YVI LIMITS GENERAi. LIABllJlY EACH OCCURllEM:E s 1000000 ,_ 08/01./03 08/01./04 u~ -.l.of"~ntt;U A x lC COMMEACll'I. G£NEllllL llAlllllft Cl<.03504966 Pr.eMISl:S IE• a.:mcrtccJ S l.OOOOD --0 •:I.Air.IS Ml\OC ~ oca.n i.c;:o El<P ,...., ono pononJ $ 5000 PERSONAL l KN UUJRY $1000000 ,_ Gl!l-IERlll. Alf..REGAlE s 2000000 -ClE~ll. /IGGREGAlE ll"llT N>PllES PER PROOUClS • COht'/OP 11GG s 2000000 nPQ.ICYn~& nlOC AUTOMODILE LIABn.tlY C°"'811EO Sl!«llE l IMIT ,_ s 1000000 8 x x N-l't AUTO CLP7000995 03/28/04 03/28/05 1e. .... 11o.-11 ,_ ----- Jill OWN£0 "'-1105 00011."I UUSIY -s SCllEOU.EO AUTCIS IPor p..-san) ,_ lllllE:OlllJIOS 00011.V Ul.AJTf ,__ lf'•r •cacll!Rl s NOU-0\~,lEO NJIOS ,__ -PROPERTY OMIAGE !Po• 0000..VC) s GNIAGE LlllQll.ITV AUTO ONl."I -EAACCIO(Nl s RMYl\IJJO OMRTIW<I EJ111CC $ 111/l"O Oii. y· N"..r. $ EXCESSIUllOREl.l.A Ul\llll.nY EACH OCCl.fll!Et.ite $ 5000000 A ~ OC:Clll D CLAIMS MllOC CK03504966 08/01/03 08/01/04 AINREGAI£ $ 5000000 $ Ix\ OF.C.U:OBl.E ' Rf:;rt::NTION slOOOO $ -xhon\·"l:wi1s I WORKERS COMl'£11SM'ION AND 1u(::; c EMPLO'WERS" UA8Ul'I WCX0009302 03/23/04 03/23/DS $ 500000 NIY PlcOl'l(IElOIWMnlErllEl<EaJTIVE El. EllC.l< ACCIOl:llT -OfflCEPIMC~OEI~ EXCLIAJEO• El. Ol$EJ\SE · EAEMf'l.Cf(Ef $ 500000 II V\IS . do.alllo "1dol El. OISEK-£ -Pt;JUCY l ff.VI s 500000 SPECIAL PROVISIONS bal.,. oniER A Installation l!'l.t CK03504966 08/01/03 08/01/04 $200,DOO OESCRll'llON Of OPERATIONS I LOCATIONS I vatClES I EXCLUSIONS AllOEO BY ENOORSEMENT I SPECIAi. rROVISIONS Project: 1061-04/RS Fire Stations lt9 & 111 Vehicle Exhaust systems for tbe City 0£ Lubbock, 'raxas City 0£ Lubbock is shown as Additional :Insured on General Liability & Automobile Liability policies & waiver of Subro9atioo applicea on General Liability, Automobile Liability & Workers Compensation policies. CERTIFICATE HOLDER CANCELLATION The City of Lubbock P o Box 2000 Lubbock TX 79457 ACORD 25 (2001108) CITYl 7 8 SHOUl.D (W'( or THE 1100"1: OCSCAIOa> roucn:s OE CANCELLEO DEfORE me exrfll\T1014 OATE rnEREOF, nee ISSUIWG INSURl.:R WILL ENDEAVOR TO MAIL 0 30 Oll~S vv<llTTal NOTICE TO TI 16 CGRTlf'ICATE HOLOCI\ NAMED TO TitE lErT, OUT flll.URC TO 00 SO SNl\ll IW'O~E NO OOLIGATIOtt OR LIABllll'I OF Allf KUC> U~ON Tl-Ill IN<lURER. ITS AGC!NTS OR REPRESENTATIVES. 6 ACORD CORPORATION 1980 D 0 D A CONTRACTOR SHALL: CONTRACTOR CHECKLIST lili. (1) ~ (2) ~ (3) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; D ~ (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 0 [ .oo_ (5) _DD_ (6) ~ (7) (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: D PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 2 D 0 0 [ REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." ID (8) "Call the Texas Workers' Compensation Commission at (512)440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (F) (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H} contractually require each other person with whom it contracts, to perform as required by paragraphs (A) -(H), with the certificate of coverage to be provided to the person for whom they are providing services. o 3 [ [ c c L 0 L LJ CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT THIS AGREEMENT, made and entered into this 9th day of June, 2004 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and AIR CLEANING TECHNOLOGIES. INC. of the City of BROKEN ARROW, County of TULSA 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 #061-04/RS -FIRE STATION #9 & #11 VEHICLE EXHAUST SYSTEMS-$81,364.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. CitYS cretary resents have executed this agreement in Lubbock, Lubbock County, CONTRACTOR: :~l 'C:~OLOGIES, INC. PRINTED NAME: ROD c. DAVIS TITLE: _______ Vl_CE_PRE_s_m_ENT _____ _ COMPLETE ADDRESS: Air Cleaning Technologies, Inc. 1300 West Detroit Broken Arrow, Oklahoma 74012 800-351-1858 AITES: r l c c r l [ [ Li L GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit AIR CLEANING TECHNOLOGIES. INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative HARLAN STAUFFER. FACILITIES MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act In any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS 5. The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder \ for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contracr or "contract documents". INTERPRETATION OF PHRASES ' Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative Is Intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7 . WRITIEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless 1 9. 10. 11. 12. 13. 14. 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. 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. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE [ [ [ The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and [ Contractor shall keep one copy of same consistently accessible on the job site. RIGHT OF ENTRY [ The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. [ Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions Incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the [ Contractor's failure to perform the work in accordance with the Contract Documents. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen ( 15) 2 [ [ [ [ [ [ . [ D 0 0 D [ 15. 16. 17 . calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 3 19. 20. 21. 22. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted . The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 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. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the t ime each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitab le or not in conformity with plans, specifications and/or contract documents, the Contractor shall , after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents . It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 0 D 0 D 0 0 0 a 0 0 a 0 0 0 0 0 0 0 0 23. 0 l 24. 8 .J [ c c [ I CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) Method (B) Method (C) By agreed unit prices; or By agreed lump sum; or If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work . In the event said extra work be performed and paid for under Method (C)(1 ), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers ' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent ( 15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." 5 25. No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for 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)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed wa ived. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice Is received by the Owner's Representative prior to the opening of bids, then It shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then It shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It Is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26 . R IGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT 27. If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all t imes 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 mun icipal laws and bui lding and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, re lated to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, 6 0 0 0 0 0 D 0 0 0 D a a 0 0 0 0 0 0 0 28. 0 D D 0 0 fJ are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payer's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an .insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Additional Insured and Waiver of Subrogation required) B. The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 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 Advertising Injury Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, 19, Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, 7 0 . E. F. to include all owned and non-owned cars including : Employers Non-ownership Liability Hired and Non-owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. Umbrella Liability Insurance (Additional Insured and Waiver of Subrogation requ ired) The Contractor shall have Umbrella Liab ili ty Insurance in the amount of tQ_on all contracts with coverage to correspond with Comprehensive General Liab il ity and Comprehensive Automobile Liability coverages. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: 2. 3 . 4. 5. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84 ), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the durati on of the project. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 0 406.096, Texas Labor Code) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without li mitation, independent contractors, subcontractors , leasing compan ies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, w ithout limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation , or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended . The Contractor shall obtain from each person provid ing services on the project, and provide to the governmental entity: 8 0 0 0 D 0 D D 0 0 D a a D 0 0 0 0 0 0 0 B 0 [ (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. 10. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) (b) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (e) (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services . By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will 9 G. provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after rece ipt of notice of breach from the governmental entity. 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 i nsurance pol icy 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 app li es. (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 l imit or limits of liability thereunder on the date borne by such certificate. (5) (6) (7) (8) (9) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specificat ions . A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. 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. If policy limits are paid, new policy must be secured for new coverage to complete project. A Contractor shall: (a) provide coverage for its emp loyees providing services on a project, for the duration of the project based on proper reporti ng of classifica ti on codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beg inning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity w ill have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii ) no later than seven days after receipt by the Contractor, a new certificate of coverage showi ng extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 10 0 0 D 0 0 a 0 0 a 0 a a 0 0 0 0 0 0 0 0 0 (l [ (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804- 4000 (http://www.twcc.state.tx.us/twcccontacts.html) to receive Information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 11 29. 30. (v) (vi) (vii) (viii) DISABLED EMPLOYEES obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beg inning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services . Contractors having more than fifteen ( 15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, j ob training, and other terms, conditions, and privileges of employment. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS. MATERIALMEN. AND FURNISHERS OF MACHINERY. EQUIPMENT AND SUPPLIES Without li miting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all c laims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been pa id, discharged or waived. 31 . PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without li miting , in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harm less from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anyth ing herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it g ives written notice of such infringement to the Owner's Representative prior to bidding. 12 0 0 D D 0 0 D a 0 0 a 0 0 0 0 0 D 0 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES 35. It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $250 (TWO HUNDRED FIFTY) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this 13 36. 0 contract, the plans and specifications, and within the t ime of completion designated in the bid; provided, also, that 0 when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under th is contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. D The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedu les which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recogn ition of the time requ ired for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this loca lity, and has considered the liquidated damage provis ions of paragraph 34 hereinabove set forth and expressly agrees that it sha ll not be entitled to, nor will it request, an extension of time on this contract, except when its 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. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) ca lendar days of the occurrence of the event causing said delay. A fa il ure by Owner's Representative to affirmatively grant the extension no later than twenty (20) ca lendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 0 a a 37. HINDRANCE AND DELAYS 38. 39. In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such a work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except a where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be est imates, 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 the ir bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, wh ich may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and emp loyees, 14 a a 0 0 0 0 0 0 0 0 B [ 0 against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK 41. 42. 43. In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance-of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 15 44. 0 FINAL COMPLETION AND PAYMENT 0 The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final o completion has occurred . If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final D completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties imp lied by law or otherwise. 0 45. CORRECTION OF WORK 46. 47 . Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of fa il ure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor sha ll at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmansh ip , and Contractor shall remedy any defects due thereto and pay for any damage to other work result ing therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount w ithheld, payment shall be made for amounts withheld because of them. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instructi on to which the Contractor desires to take exception . Timely written notice of d ispute as provided in this contract of any decision by Owner's Representative or Owner shall be a cond ition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative w ithin fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative , said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the fi nal payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 16 a 0 a 0 a a a 0 0 0 0 0 0 D 48. ( l NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) (b) 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 its Surety shall pay the amount of such excess to the Owner; or The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and 17 49. 50. 51. D his Surety, if applicable, at the respective addresses des ignated in this contract; provided, however, that actual 0 written notice given in any manner will satisfy this condition. After maili ng, or other g iving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) ca lendar days from the date of said o notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, 0 equipment, tools, materials, or supplies that rema in on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted o by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies a available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be li able only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable fo r any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in 0 a a the amount of 100% of the total contract price In the event that said contract price exceeds $100,000 and the a Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be subm itted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so o furnished. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special cond itions conflict w ith any of the general conditions contained in this contract, then in such event the special conditions shall contro l. a 0 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein , all loss, expense or damage to the Contractor arising out of the nature of the 0 work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. o 53 . INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, fi rm, or corporation. 18 0 0 0 D D D 54. CLEANING UP 55. The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or: other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 19 [ r L l CURRENT WAGE DETERMINATIONS 0 0 0 D D 0 D D 0 [] RE: RESOLUTION NO. 2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer-Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer-Helper Carpenter Carpenter-Helper Cement Finisher Drywall Hanger Electrician Electrician-Helper Equipment Operator-Heavy Equipment Operator-Light Fire Sprinkler Fitter-Journey Fire Sprinkler Fitter-Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator-Helper Iron Worker Laborer-General Mortar Mixer Painter Plumber Plumber-Helper Roofer Roofer-Helper Sheet Metal Worker Sheet Metal Worker-Helper Welder-Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 0 0 D 0 D D 0 D D c 0 Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher-Helper Electrical Repairer-Equipment Flagger Form Setter Form Setter-Helper Laborer-General Laborer-Utility Mechanic Mechanic-Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor-Trailer Truck Driver-Heavy Truck Driver-Light EXHIBITB Paving and Highway Construction Prevailing Wage Rates Hourly Rate 9.00 7.50 9.00 7.50 12.50 6.50 8.00 6.50 6.00 6.75 9.00 7.00 9.00 9.00 9.00 9.00 9.00 8.00 10.25 7.00 7.50 8.50 8.00 7.00 2 0 EXHIBITC Prevailing Wage Rates Overtime Rate o The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. 0 EXHIBITD 0 Prevailing Wage Rates Legal Holiday Rate 0 The rate for legal holidays shall be as required by the Fair Labor Standards Act. D 0 0 r D D 3 [ SPECIFICATIONS 0 0 0 0 .I .J 0 [] D 0 FIRE STATION VElilCLE EXHAUST SYSTEMS CITY OF LUBBOCK TABLE OF CONTENTS DIVISION 15 -MECHANICAL SECTION 15010 -General Mechanical Provisions SECTION 15804 -Ventilating DIVISION 16 -ELECTRICAL SECTION 16010 -General Electrical Provisions SECTION 16110 -Raceways SECTION 16120 -Conductors SECTION 16130 -Boxes and Fittings 0 SECTION 15010 -GENERAL MECHANICAL PROVISIONS D PART 1 -GENERAL D D D 1.01 DESCRIPTION: A. The work covered by this section of the specifications includes the furnishing of all materials and labor as required for the installation of the automotive exhaust systems, all as shown on the drawings, as herein specified, or both. 1.02 RELATED DOCUMENTS: 1.03 A. Refer to other applicable clauses and regulations of the General Conditions of the Agreement for work required under this section. SUBMITTAL: A. This Contractor shall submit six ( 6) copies of all submittal data covering proposed equipment to the Engineer for approval prior to installation. All equipment shall be submitted at one time in a bound folder with an index of submittal. 1.04 REGULATIONS: 1.05 A. All work shall be done in strict accordance and compliance with State and Local Laws, together with regulations of the particular Utility Companies concerned. B. Obtain permits as required by the local authorities. CLARIFICATION: A. The Engineer shall provide, with reasonable promptness, written responses to requests from the Contractor for clarification and interpretation of the requirements of the Contract Documents. However, if the Contractor's requests for information, clarification or interpretation are, in the Engineers professional opinion, for information readily apparent from reasonable observation of field conditions or a review of the Contract Documents, or are reasonably inferable therefrom, the Engineer shall be entitled to compensation from the Contractor for the Engineer's time spent responding to such requests. 1.06 DEFECTS: A. Contractors shall promptly report to the Engineer any defects or suspected defects in the contract documents of which the Contractor becomes aware, so that the Engineer may take measures to minimize the consequences of such a defect. Failure by the Contractor to notify the Engineer shall relieve the Engineer or Owner of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered. 1.07 COMPLETION: A. If the Contractor asks for a final inspection and the project is not complete enough to prepare a normal punch list as determined by the Engineer, the Engineer shall be compensated for time and travel for subsequent site visits. 15010 - 1 1.08 1.09 1.10 DRAWINGS : A. The drawings and the specifications are numbered consecutively. Each Contractor shall check these drawings and specifications thoroughly and shall notify the Engineer of any discrepancies or omissions of sheets or pages. Upon notification, the Engineer will promptly provide the Contractor with any missing portions of the drawings and/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. B. The plans accompanying these specifications are intended to show the general arrangement and the extent of the work contemplated. The Contractor shall inspect the site before bidding to verify the actual conditions involved as no allowance will be made for unforeseen conditions . The exact location and arrangement of all parts shall be determined after equipment has been approved by the Engineer and as directed by the Engineer. All materials or labor necessary to complete the work in accordance with the intent of these specifications shall be furnished by each Contractor without additional charge as if called for in these specifications or shown on the plans. C . Should the particular equipment which any bidder proposes to install require other space conditions, supports or clearances other than those indicated on the drawings, he shall arrange for such items with the Engineer before 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. D. This Contractor shall verify all existing conditions that may effect his work including exact location and size of all plumbing lines, direction of flow, ductwork, existing equipment and connection points. Any discrepancies from conditions shown on the drawings shall be reported to the Engineer before bidding and the bid price shall include the cost to correct any discrepancies to provide a complete and workable system . E. This Contractor shall thoroughly lay out all his work and check all conditions to insure that the work as shown on the Drawings can be installed without modifications. No material shall be fabricated or delivered to the job until these conditions have been determined. F . The Owner or Owner's Representative reserves the right to make changes during construction, if required, and no allowances will be made for prefabricated material or on job materials which can not be used due to actual conditions . ASBESTOS: A. Any asbestos th at must be abated for the installation of the exhaust system will be accomplished by the City of Lubbock prior to the installation of the system . APPROVAL OF MATERIALS: A. Where manufacturer's names are mentioned in these specifications, it has been done, in most cases, in order to establish a standard. Where the phrase "or equal", or its equivalent is used in connection with a particular item of material or equipment, the products of others than the particular manufacturers mentioned will be acceptable, if of suitable type and construction, but any substitution must be of quality as good as, or better than, the named article. Where the phrase "or equal" or its equivalent, 15010 - 2 0 D D 0 0 a a a a a a a 0 0 0 0 0 0 0 D D 0 D is not used in connection with a particular item of material or equipment only the products of the manufacturers mentioned will be acceptable. B. Any material or equipment other than that specified shall have seven (7) day prior approval. If the Contractor elects to substitute other equipment or materials for that specified by name, he shall be fully responsible for all coordination with other trades involved. Any expense incurred because of modifications to accommodate larger sizes, larger electrical service, fuel piping requirements resulting from such substitution shall be borne by the Contractor substituting other equipment. C. Upon being awarded the Contract for the work under one of the following sections, the Contractor shall, within thirty (30) days, submit for approval a complete list of the materials which he proposes to use. The list shall give the manufacturer's names and designations corresponding to every item and where submitted materials are different from that specified by name, the submission shall be accompanied by a complete descriptive literature and/or any supplementary data and drawings, necessary to give full and complete details for the completed installation. D. Any item on this list which is rejected because of unsuitability or inferior quality, must be replaced by an acceptable item within two (2) weeks following notification of the Contractor of such rejection. If no satisfactory material is submitted within two (2) weeks, then the Engineer reserves the right to notify the Contractor as to the type and make of materials he will be required to furnish. Six ( 6) copies of the material and the equipment list shall be furnished by the Contractor in neat and firmly bound brochures for approval. 1.11 PRECEDENCE: A. The work covered in this section shall have precedence over each other m accordance with the following sequence: 1. Soil and waste piping 2. Duct work 3. Cold and hot water piping 4. Electric wiring 1.12 COOPERATION: 1.13 A. Each contractor shall cooperate with the General Contractor and all other contractors to properly coordinate their work, to avoid interference and delays, and arrange all parts of the work so as to harmonize in service and appearance with all other parts. INTERFERENCES: A. The plans are generally diagrammatic and the Contractor must harmonize the work of the different trades so that interference between piping, equipment, architectural and structural work will be avoided. All necessary offsets in piping, fittings, etc., required to properly install the work must be kept as close as possible to walls, ceiling, columns, etc., so as to take up the minimum amount of space, and all offsets, fittings, etc., required to accomplish it must be furnished and installed by the contractor without additional cost to the Owner. B. Exact locations of mechanical and electrical outlets or equipment may be varied a reasonable amount by the Engineer before installation without additional cost to the Owner. 15010 - 3 0 C. All equipment and controls shall be so located and arranged that all parts will be o available for proper maintenance. PART 2 -PRODUCTS 2.01 MATERIALS AND WORKMANSHIP: A. Materials shall be new unless othetwise specified and of the quality specified. Materials shall be free from any defects. Materials and equipment for which the Undetwriters' Laboratories have established as standard, shall be listed by the Undetwriters' Laboratories, Inc., and shall bear their label. B. Each Contractor shall be responsible for transportation of his materials to the job and shall be responsible for the storage and protection of same . This will be provided until final acceptance of the job. C. Each Contractor shall provide protection against weather, so as to maintain all materials and equipment free from injury and damage . All new work likely to be damaged shall be covered during the day and at the end of each day. D. Each Contractor will furnish all necessary scaffolding, tackle, tools, appurtenances and all labor required for the safe and expeditious execution of this contract. E. The workmanship shall be in all respects, the highest grade and all construction in accordance with the best practice of the trade. PART 3 -EXECUTION 3.01 VERIFICATION OF PLANS AND SPECIFICATIONS: 3.02 A. It shall be the responsibility of all parties concerned to carefully examine the plans and specifications relating to this work for completeness, accuracy and clarity. Any conflict, errors or clarification requests shall be immediately brought to the attention of the Engineer for written interpretation or instructions. No claims for increased compensation for additions, changes or alterations will be considered unless written authority is granted by the Engineer. Othetwise, any additional materials and/or labor due to additions, alterations and changes necessary to meet existing conditions shall be furnished under this contract. HANGERS AND SUPPORTS: A. The Contractor for the work covered by each section of these specifications shall furnish and install all foundations and supports required by equipment included in his work . B. All piping, both vertical and horizontal, shall be supported at sufficient close intervals to keep its alignment, prevent sagging and to prevent pipe from being supported by equipment or equipment connections . C. Vertical pipes shall be supported from floor with riser clamps sized to fit the lines and adequately support their weight. Vertical copper tubing, 1-1/4" and smaller shall be supported at 3' intervals and at the base of pipe risers, where required for proper support. Hangers shall be manufactured by Kindorff, Unistrut, Eleen or equal. Where multiple pipes are indicated, they may be supported on a continuous hanger. All hangers must meet the Engineer's approval. Use of perforated straps will not be permitted. 15010 - 4 0 a 0 a a a a a a 0 0 0 0 0 u 0 D 0 D 0 0 D 3.03 3 .04 3.05 3.06 ESCUTCHEONS : A. Where exposed to view, pipes insulated or bare, passing through floors, walls, or ceilings, shall be filled with near, heavy spun or stamped steel escutcheons, firmly secured to the pipes. Escutcheons shall be of sufficient outside diameter to surround both the pipe and the sleeves . The sleeve shall have a nickel plated finish, fabricated in one piece and shall be firmly anchored in space. "Snap-on" type escutcheons will not be permitted . PAINTING: A. No painting will be required under this contract. ELECTRICAL : A. E lectric motors shall be of the speed, phase and voltage as specified and shall be of type recommended by motor manufacturer for type of service involved. B. The Contractor furnishing the motor shall install it. The Contractor shall furnish such motor controls and starting equipment as specified or as required . The erection and connection of all switches, starting and control equipment, and the wiring of same, shall be done as required. Conduits from controllers to motors shall be flexible for not over three feet (3 ') and shall be attached to the terminal housing of the motor. All flexible conduit to motor shall be waterproof type with neoprene jacket. C. Where automatic controls are called for in the Plumbing, Heating and Air Conditioning specifications, the control instruments, such as motorized damper motors, motorized valves, etc., shall be installed by the Contractor furnishing the controls, but all wiring necessary shall be done by the Electrical Contractor. The Contractor furnishing the controls shall furnish a control wiring diagram to the Electrical Contractor. D. Starters on air cooled condensing units shall be furnished by the equipment manufacturer. Starters for Heating and Ventilating units shall be furnished by the equipment manufacturer. The Refrigeration Contractor shall design, furnish, and install all other electrical panels and wiring starting at the end of designed main electrical feeders as shown on the drawings. DEMOLITION: A. Each contractor shall remove those items shown on the plans to be removed for each respective trade. B . All items to be removed or discarded are property of the Contractor and shall be removed from the site. C. Contractor shall take care not to dam age more of the existing facilities than is absolutely necessary. All concrete to be removed shall be cored or sawed to widths to allow the installation of pipes or conduits indicated and replaced by Contractor who occasions the work. 3 .07 EQUAL MATERIAL CONSIDERATION: A. Approval of equipment other than that specified does not relieve the Contractor from the responsibility of modifying the equipment if necessary to meet Structural, 15010 -5 3.08 3.09 3 .10 Architectural, Electrical, or Mechanical conditions as detailed and specified on the drawings. INSTRUCTION MANUALS: A. Furnish four ( 4) complete bound copies of Instruction Manuals on all operating equipment to Owner. Manuals: complete with repair instructions, replacement parts list, and complete operating instructions and wiring diagrams. TESTS AND ADJUSTMENTS: A. After completion of the work but before final payment is made, the Contractor shall run test over a sufficient period of time to prove the proper capacity and performance of apparatus, etc., and of system as a whole to the approval of the Engineer. GUARANTEE: A. This Contractor shall guarantee the workmanship and material against defects for a period of one (1) year from the date of acceptance, unless specified otherwise in other sections of this specification. End of Section 15010 - 6 0 0 0 D D a 0 D a D a a a 0 0 0 0 0 0 0 0 0 D 0 SECTION 15804 -VENTILATING PART 1 -GENERAL 1.01 SCOPE: A. This Contractor shall provide all labor, materials, and equipment necessary to provide a complete operational system to remove both diesel and automotive exhaust gases and particulate of operating vehicles within the confines of specified fire stations as indicated on the drawings. All necessary controls, motors, fittings, louvers, ductwork, blowers, air compressors, supports, and all other equipment and materials specified shall be provided in this contract. B. All items and equipment and materials described in these specifications are to be furnished installed and placed into proper operating condition in accordance with good practice and manufacturer's written or published instructions. C. All workmanship and materials shall be in accordance with applicable codes and regulations, (i.e., SMACNA, BOCA, NEC, ASTM, UBC, UMC, NFPA, AMCA and IMC). Such codes and regulations are to be considered part of these specifications. D. The bidder shall warranty all materials, equipment and workmanship for a period of one (1) year from the date of final acceptance of the completed job against original defects of material and workmanship, excessive wear and deterioration. Repairs shall be made at the bidder's expense. E. Bidder shall install a complete automatic disconnect Diesel Exhaust Removal System that addresses the problem of diesel fumes in the fire department station house. The system shall not interfere with normal day-to-day operations. The system shall be a Sliding Balancer Track type system that has the following performance criteria. 1. The exhaust removal system must provide 100% complete evacuation of all diesel fumes at the source from start up to exit of the apparatus from the fire station. The diesel exhaust removal system shall be capable of reaching to the undercarriage of the vehicle tailpipe located anywhere from 10 to 75 feet away from the exiting door threshold. The system must be able to accommodate drive through and back-in bays to meet all the needs of the fire department. 2. The system must not affect personnel boarding the apparatus. Hose loops shall not hang any lower than seven feet from the bay floor. The hose assembly shall not touch or drag on the bay floor. 3 . The exhaust system shall not block doorways, exits and aisles in the apparatus bay, which could endanger the welfare of fire personnel or visitors. 4. To protect the apparatus electrical system from possible damage, the system bid shall not incorporate any type of electromagnetic device that requires the apparatus to be utilized as an electrical ground for system's operation. 1.02 RELATED DOCillvfENTS: A. Refer to other applicable clauses and regulations of the General Conditions of the Agreement for other-work required under this section. 15804 - 1 1.03 1.04 1.05 1.06 1.07 SUBMITTAL: A. All submittal required by this section shall be submitted in accordance with Section 15010. 0 0 B. Submit manufacturer's data for approval on all materials to be furnished as part of o this project. STANDARD PRODUCTS: A. Equipment and materials provided for the system installations shall be standard product of manufacturers currently engaged in the manufacturing of automatic vehicle exhaust removal systems. QUALITY ASSURANCE: A. All workmanship, manufacturing procedures, airflow design, and materials shall be performance guaranteed. If any findings or test studies reveal improper materials, defective components or inadequate performance as outlined in the specifications, the bidder shall remove and replace the materials in question. EQUIPMENT WARRANTY: A. The bidder shall guarantee all materials, equipment and workmanship for a period of one (1) year from the date of the final acceptance of the completed job against original defects of material and workmanship, or excessive wear or deterioration . Defects shall be made good at the bidders expense with no cost or obligation to the Owner. PRODUCT DELIVERY, STORAGE, AND HANDLING: A. The bidder shall be solely responsible for the delivery, storage, and handling of all products. Any equipment placed in storage shall be protected from weather, humidity, temperature variations, dirt, dust, or other contaminants . D D a a PART 2 -PRODUCTS a a a a 2.01 2 .02 2 .03 EXHAUST SYSTEM: A. Furnish and install an exhaust system all as shown on the drawings as manufactured by Plymovent Vehicle Exhaust Removal Systems, or approved equal . B. Provide exhaust ducts, properly flashed and waterproofed as shown. SYSTEM MANUFACTURER: A. All equipment specified herein shall be a standard product of the manufacturer or an approved equal. An approved equal shall be determined by the fire department or engineer. The bidder shall provide all labor and materials required to install and operate the Diesel Exhaust Removal System which shall be included in the following performance and technical specifications . Any adjustments involving equipment locations within the building shall be determined in the field and approved by the fire department. AIR MOVING DEVICES: A. Centrifugal Fans: 15804 - 2 0 a 0 0 0 0 0 0 D 0 0 0 0 0 0 0 l [ 2.04 1. The fan shall be a direct drive centrifugal type, high pressure, single width, single inlet as required or indicated . Impeller wheels shall be of a radial design for high static pressure performance. Impeller wheels shall be spark resistant and made of Almag material to prevent static electricity build-up. The impeller shall be dynamically and statically balanced and of the non overloading type to provide maximum efficiency while achieving quiet, vibration-free operation. 2 . The fan housing shall be manufactured from a nonferrous material, Almag or approved equivalent. The fan motor and assembly shall be mounted on a stainless steel frame for durability in any type of weather condition. The base shall have four (4) factory fabricated punched openings at bottom of fan base for field attachment to either an exterior wall or roof structure. B. Fan Motor and Bearing: All 1 to 10 horsepower motors shall be totally enclosed fan cooled (TEFC). The bearings shall be self-aligned ball bearing type which are permanently sealed and lubricated . Fan shafts shall be steel and rotate in a non- sparking Teflon seal to prevent hot gases from coming in contact with the motor bearings . The exhaust discharge outlet shall be in compliance with ACGIH recommendations and EPA requirements. Air intakes, windows, prevailing currents, communication equipment and building aesthetics shall be considered in the final location of the fan. Silencers shall be provided when fan sound decibels exceed 64 Dba. C. Performance: The fan capacity shall be sized to deliver the required CFM at each hose drop. The delivered volume shall take into account the static regain of vehicle engine exhaust (based on an airtight connection at tailpipe), lengths of duct, elbows, branches, etc. which contribute to the static pressure at the field inlet. The manufacturer's provided fans shall be performance guaranteed . ELECTRICAL CONTROLLERS: A. Controller Type: The controller shall be manufactured and delivered as an Operating System with one series controller manufactured by the manufacturer or an equal to the specifications to follow . B. Electrical Controllers: The electrical controller offered shall be approved by Underwriters Laboratories (UL) as a complete electrical system for enclosed industrial control panels . 1. Electrical controllers shall be UL listed/approved and manufactured in accordance with Underwriters Laboratories standard UL-508 enclosed industrial control panels. The electrical trolley shall include a limited energy control circuit. Enclosures shall be NEMA 12 rated and UL listed as Type 12 . The electrical enclosure shall be provided and mounted in an electrical enclosure to restrict access to internal components of controller by only authorized entry. 2 . Control panels and air compressors locations may be changed from where indicated on the drawings if they do not interfere with existing equipment or adversely affect the operation of the system. C . Electrical Contactors : Contactors shall be Allen Bradley Industrial Electrical Contactors, or approved equal, provided with the appropriate adjustable overload relays to meet the proper full load amperage of motor that is outlined in these 15804 - 3 specifications. The contactor shall conform to the following standards: BS-5424, VDE0660 and be approved by UL certification as an approved component. D. Control Transformer: Shall be UL listed industrial control circuit transformer with primary and secondary fuse blocks. Transformer shall be provided with multitap primary 208V through 480V, AC, and 24V through 120V secondary. E. Electrical Timer: Shall be solid state five (5) minute adjustable timer. The operating logic shall complete this cycle. Input voltage shall be applied to the timer at all times . Upon closure of a normally open isolated start switch, the load energizes and remains energized as long as the switch is closed. When the start switch opens, the timing cycle shall start. At the end of the preset time delay, the load de-energizes and the timer is ready for a new timing cycle. Timer shall be a UL recognized component under file number E65038. F. Engine Start Switch: Shall be of an engine pressure sensing type, capable of recognizing the output pressure of any type of motor vehicle exhaust. The electrical contact shall be dry type and shall not exceed 24V. G . Electrical Wiring: Shall be run through wire channel to allow for easier identification of wiring circuit and appearance. All wiring circuitry shall meet UL listed requirements for proper bending radiuses and terminations . H. Electrical Terminal Block: Shall be a 600V, UL rated and recognized component. It shall provide individual connection points for remote controls, power and motor connections. I. Electrical Wiring Schematic: Shall be provided with each electrical control box supplied. Wiring schematic shall show internal circuitry as well as all primary and secondary connections to the controller. This schematic shall be provided as a "D" size print drawing . J. Electrical Interface: To protect the apparatus and communications, designs that incorporate the use of a controller that utilizes or produces an electrical frequency transmission or any possibility of electrical back-feed which may interfere with a central services communication or onboard vehicle computer logic or navigational equipment will not be accepted. K. Controller Performance: It shall be designed to sense the output pressure which is normally generated by any internal combustion engine designed to propel a motor vehicle . The operating logic shall be designed to complete this cycle. At any point in time when either a collection device is connected to a motor vehicle's exhaust tailpipe or an operator manually or automatically starts the vehicle, the controller shall automatically sense the engine's output pressure and in turn energize the electrical contactors which will provide proper full load amperage to the exhaust removal system fan motor. Through the use of an adjustable timer, the controller shall keep the contactors energized for up to five minutes in accordance with the station response requirement. If the responding vehicle does not disconnect from the exhaust ventilation system in less than the designated setting, a temperature override switch shall be incorporated to override the timer delay relay to ensure continuous system operation. This automated function will work for as long as the exhaust gas temperature is in excess of the fan temperature setting on the heat sensor which is located in the ductwork. This cycle shall not allow the electrical contactor, which energizes the exhaust fan, to short cycle or stop the fan while the system is connected to an operating vehicle . 15804 - 4 0 0 0 0 0 a a a a a a a 0 0 D 0 0 0 0 2.05 D 0 D 0 Q 0 2.06 0 DUCTWORK SYSTEM: A. Ductwork Type and Materials: Shall be UMC Class C or SMACNA Class II product conveying duct. It must met or exceed criteria for construction and performance as outlined in Round Industrial Duct Construction Standards, SMACNA. Materials of construction unless otherwise specified for all ductwork and fittings shall be a minimum G-90 galvanized sheet metal in accordance with ASTM-A525 and A527. B. Ductwork Sizing and Gauges: All ductwork subject to positive or negative pressure shall be of round spiral pipe construction, with the range of available sizes not to exceed 10 inches in diameter. Duct gauge shall depend on diameter and a minimum operating pressure of 8 inches water gauge. Acceptable gauge and reinforcement requirements shall be in accordance to the following. Inner duct diameter 4" -7" dia. shall be 26-gauge standard spiral pipe and 9" -1 O" diameter shall be 24-gauge standard spiral pipe. C. Ductwork Fittings: All exhaust fittings shall be round and have a wall thickness 2 gauges (one even gauge number) heavier than the lightest allowable gauge of the downstream section of duct of which they are connected. Air duct branch entrances shall be factory fabricated fittings or factory fabricated duct/tap assemblies. Fittings shall be constructed so that air streams converge at angles no greater than 45 degrees. All seams shall be continuous stitch welded and if necessary internally sealed to ensure airtightness. Turning elbows shall be stitch-welded and used for all diameters and pressures. They shall be fabricated of 24 gauge galvanized steel and constructed as two pieces with continuous welded seam construction fittings. Tapered body fittings shall be used where particulate fallout is anticipated and where air flow is introduced to the transport duct manifold. D. Ductwork Design Velocities: Shall be a minimum of 4000-4500 feet/minute transport velocity in metal ductwork which is the standard for design. Capture velocity shall be 5500-6000 feet/minute to extract 100% of the exhaust gases. E. External Ductwork: Shall be sized for the exact inlet and outlet of the exhaust fan blower. An exhaust rain cap shall be supplied and manufactured in accordance with EPA standard for free draft rain cap requirements. Included as an integral part of this rain cap shall be a back draft damper to provide protection from rain and other inclement weather or air. SLIDING TRACK: A. The sliding track shall be a one-piece continuous extruded aluminum track in a minimum length of 20 feet. The construction profile shall be of a Boxloc type profile, which shall adhere to the following dimensions. Track height 3-1/8", width 1-1 /2", thickness 1/8 11 • The track material shall be aircraft aluminum alloy type AA- 06063. The aluminum track shall be an extruded design that shall incorporate three separate and functioning channels. The three channels shall be for the following, mounting channel, trolley channel and the boxloc channel. Each of these sections performs a specific function to make the system work effectively. The mounting compartment shall be designed to accept the slider bars (which shall be provided with factory supplied vertical support legs and riser clamp duct connection) and allow positioning along the full length of the slotted track mounting channel. The mounting channel shall also accommodate the compressed airlines for the purposes 15804 - 5 of safe storage and appearance. The trolley channel shall allow the trolley/balancer/hose assembly to glide to the door threshold in a safe and effective manner. The boxloc channel shall allow the whole track to remain rigid as it hangs from factory supplied leg supports and also shall provide an area to attach bolts for splicing additional tracks together for systems over 20 feet long. The overall extruded track lengths shall be 20 foot standard and weight no more than 35 lbs. The track system shall be equipped with end stops that limit travel of flex hose as the vehicle exits the building. The end stop shall be fabricated of zinc plated steel in a U shape form, with a rubber end stop on the impact end. It shall be attached by using a 1/4" molded locking bolt. The end stop shall be secured to the track with no less than (2) 1/4" bolts and locking nuts located on the underside of the track. For security, a 1/4" bolt shall be drilled through the ends of each track system to insure that the trolley/balancer assemblies roll no further than the end of the track system. B. Support Legs: Support legs shall be manufactured and provided by the supplier of the primary exhaust removal system (i .e., Equipment Manufacturer). This is to ensure that the unit is installed as a complete system including the mounting hardware. Supports shall be zinc-plated telescoping adjustable type and shall be capable of adjusting travel lengths from 6 inches to 13 feet. A minimum of one support with appropriate bracing shall be provided for every 10 linear feet of track profile. The support legs shall consist of a square outer profile with dimensions no less than 1-3/4" O.D. with 3/8" fastening hardware provided. Inner leg shall be a C profile type with continuous slot along its traveling length. Welded securely to the bottom of C profile shall be a mounting foot complete with a slider bar and 3/8" hardware necessary for mounting the horizontal track to the mounting channel system. The support leg shall be equipped with round tubular zinc-plated steel with pressed ends . The angle shall be completely adjustable to the leg support and mounted perpendicular and parallel to direction of the track. The typical support angle shall be 45 degrees from the center line of the factory provided support leg. The standard leg shall be capable of meeting a Seismic 4 requirement. C. Double Track Joiner Plate : Should the exhaust removal system require a double track type system due to the length of the apparatus bays, the tracks shall be attached in the following manner. The joiner plate shall be constructed from a minimum of 1/4" thick zinc-plated material and be designed to connect two parallel tracks to make a double track system to accommodate an apparatus bay over 40 feet in length. The joiner plate shall be 10" x 811 flat zinc-plated steel and designed to attach the two tracks to a single factory supplied support leg. The steel plate shall have (6) 3/8" holes drilled 6-7/8" apart to accommodate the slider bar provided with factory support legs. The joiner plate shall have two slider bars attached to the plate and shall be located on the outside edges of plate, these slider bars shall fit into the boxloc track mounting channel for a simple and secure attachment of the plate to boxloc track. The center portion of the joiner plate shall provide attachment for the factory supplied support leg. D. Track Splicing Assembly: The track splicing assembly shall be fabricated for the sole function of connecting two extruded aluminum boxloc sliding tracks end-to- ·end . Track splice shall be manufactured of galvanized steel in two parts and utilized as a clamping device. This clamp shall accurately secure both tracks 15804 - 6 0 0 0 D a a a a 0 a a a 0 0 0 0 0 0 D 0 0 0 0 Q 0 0 together in a fashion, which shall eliminate any possibility of obstructing the trolley assembly as it passes through this connection point of track system. Connecting length of splice shall be a minimum of 15-3/4" long and fabricated of 14 gauge material. Four 1/4" bolts with lock nuts shall pass directly through internal partition of boxloc track. The splicing sleeve shall fit externally around the outside dimension of extruded aluminum track profile. E. Riser Clamp Assembly: The riser clamp shall be fabricated as a one-piece welded assembly and manufactured to create the transfer of the hard spiral pipe joined at the top and flexible duct connection at the bottom. The riser clamp shall be factory drilled to mount an air regulator assembly for the pneumatic nozzle and to accept airlines that pass through airtight seals mounted to riser pipe. A slider bar and associated hardware shall be provided with riser clamp assembly. Sizes of the riser clamp will range from 3" -6" diameter to match the output velocity of the vehicles that will park in that station. F. Accutrack Trolley/Balancer Assembly: The trolley assembly shall be manufactured as a two-piece galvanized steel assembly including bumper stops at each end. Fixed to the side of the trolley are solid steel pins, which shall be for load carrying bearings that are sealed and permanently lubricated. The load carrying bearings shall travel internally in track trolley channel. Two additional permanently lubricated trolley wheels shall be provided on bottom side of the track to reduce wobble of trolley as it conveys the hose assembly to the door threshold. A release plate shall be attached to the chassis of the trolley to smoothly energize the uncoupling release valve when the trolley-balancer assembly approaches the door threshold. The system balancer assembly shall be a self-adjusting weight spring tension balancer with a lifting capacity of no less than 31 lb. The balancer shall have a minimum diameter stainless steel cable of .080 and a safety link connection. The system supplier shall manufacture the balancer and trolley for the sole purpose of conveying the flexible hose to the door threshold for automatic release of the system. Only a stainless steel balancer cable will be accepted. G. Regulator Assembly: The regulator assembly shall be constructed of cast aluminum and refinished with black epoxy coating for durability. The regulator shall safely operate with an input pressure of 0 -200 psi; the output pressure shall be preset at 15 psi. The regulator shall be attached to each Riser Clamp Assembly/Hose Drop or to the boxloc track to allow for independent adjustment of each pneumatic nozzle. The regulator shall also be provided with needle type adjustment gauge that is clearly marked with the proper operating range of system and which can be visibly read from standing position on the bay floor. H. Uncoupling Valve Assembly: Shall be provided to activate the release of the pneumatic nozzle connection located on vehicle's exhaust pipe. The valve shall be single direction action and affixed to a mounting bracket, which can be easily positioned and adjusted along the full length of the extruded aluminum track profile. The mounting bracket shall be formed from a minimum of 16 gauge galvanized steel and designed to fit snugly over the top of the boxloc track system. A 1/4" opening shall be centered to the top side of bracket to accommodate a 1" x 1/4" bolt with a 1/4" plated 1-1/2" long bar providing the secure attachment of the Uncoupling Valve when system is activated. The release valve shall be set for the maximum exiting speed of the vehicle. 15804 - 7 I. Upper Flexible Hose: Hose shall be flexible exhaust hose manufactured for the sole purpose of venting high temperature exhaust gases which are produced by internal combustion engines. The flexible hose shall be designed strictly for the rigorous environment of rapid response and auto-release of a vehicle exhaust tailpipe. Hose shall range from 3" -5" diameter with varying lengths depending on the system length required ranging from 20 -43 feet without joining or splicing connections. Hose material shall be high temperature synthetic rubber impregnated into a high temperature laminated fabric with a minimum overlapping thickness of 2-7/16". This construction of hose must be capable of operating at continuous temperatures of 400 degrees F. and intermittent temperatures of 500 degrees F. such as are experienced when pump checks are performed inside the station. Independent testing by a recognized UL laboratory must accompany this bid as proof of performance claim. Wire Helix shall be bound and protected in laminations of hose winding. This shall be accomplished in a fashion which eliminates any possibility of personnel coming in contact with an exposed hot metal helix. The hose shall further protect the internal wire helix from heat buildup and in turn add increased visibility to personnel. Wear strip shall be 9/16" wide and be provided in a safety yellow color. The bend radius of the high temperature hose shall be no less than 1.5 times the diameter of hose to ensure that hot gases will not be restricted as they pass through the system. J. Lower Hose Assembly: Shall be a rigid 3" -5" diameter by 2 foot long section of yellow and black hose identical in appearance to the upper hose assembly. Lower hose shall support the pneumatic connection nozzle and chrome reducing elbow in a rigid fashion as to allow for the operator to place hose collection nozzle onto the tailpipe without bending over. Lower hose is the only section of hose which shall disconnect from the upper hose assembly and act as a safety disconnect in the unlikely event the nozzle does not deflate. K. Safety Disconnect Coupling: A rubber coupling shall be incorporated in the design of the system enabling the lower two foot hose assembly to separate from the upper hose assembly thus reducing the possible chance of damage to system. This device shall consist of two spun aluminum collars connected by a reusable rubber band. The release tension of this device shall separate the two at no greater than 88 lb. This is considered a safety requirement and any system bid must incorporate a safety disconnect. L. Collection Nozzle Assembly. The nozzle shall provide a substantially airtight seal around exhaust tailpipe when connected thus allowing for 100% source capture. The seal shall not allow for escape of life threatening exhaust gases which may be present during the following conditions. 1. If vehicle's engine is accelerated above normal idle resulting in an exhaust velocity greater than 5,000 feet per minute or in the event that the output velocity or CFM of the exhaust exceeds the manufacturers normal capture velocity or CFM of hose. 2 . The nozzle shall automatically adjust its internal orifice to accept any tailpipe ranging from one inch through six inch diameters. Manufacturer of the nozzle shall offer, if required, both maximum diameter nozzles ranging from 6.25" diameter to 4.75" diameter. The nozzle pressure shall not exceed 15 lbs. per inch. Nozzle construction shall be high temperature synthetic rubber, 15804 - 8 0 D 0 0 0 a a a a a a a 0 0 0 0 0 0 0 0 0 vulcanized to a high temperature synthetic fabric. A NO:MEX inner liner shall be provided for the primary temperature friction barrier. 3. The chrome reducing elbow that connects to the connection nozzle shall be fabricated using continuous welded seam construction. This important feature eliminates the escape of any potentially lethal exhaust gases and must provide for a smooth airflow transition from connection nozzle into the high temperature flexible hose. The angle of transition shall be no less than or greater than 67 degrees from the center line of reducer. The chrome reducer shall incorporate a primary expanded metal debris screen, which is permanently affixed by welded seams to the inside opening of exhaust fitting. This item is a point of safety for both personnel and the system itself. M. Manual Fill Valve: A manual connection fill valve shall be located one foot above safety release coupling approximately 4 feet from floor and shall be of a sliding/push button type for manual or automatic release. This valve shall incorporate in its design a handle which the operator may easily operate in a standing position. The attachment of collection nozzle shall not position the operator's breathing zone closer than 44" from the exhaust tailpipe. The automatic release of the connection valve shall be no greater than 3 psi shift pressure to activate the automatic nozzle deflation. The primary air supply shall be accomplished by means of compression type fittings. The regulated air supply line to collection nozzle shall be designed to safely release from the upper hose at pressure no greater than 80 lbs. N. Compressed Air Features: Airlines shall be 1/4" (6mm) OD tubing capable of exposure of high temperature air stream inside the ventilation hose and duct. The airlines shall be fed through the exterior of the hose and ductwork by the use of substantially airtight chrome fittings. Unless a fire station air compressor is to be utilized the bidder shall provide a quiet operating compressor to be located accessible to the vehicle bays. It shall also be located so that preventative maintenance can be performed quickly and effectively. The operation of compressor running inside station shall not generate sound decibels in excess of 80 Dba. The compressor shall be equipped with a filter/dryer and automatic drain valve to ensure the conveyance of clean dry air to the pneumatic controls incorporated in the automatic release ventilation system. 0. Hose Saddle: A hose suspension saddle shall be fabricated of a rubber molded cushion specifically manufactured for the sole purpose of suspending high temperature exhaust ventilation hose in a rapid response and automatic release application. The design of the saddle shall smoothly transition the direction of the hose during its travel along the track. Securing clamps shall be provided including a link fastener for the purpose of mounting it to the balancer safety link. P. Special Features: The system must be designed to expand to a tandem vehicle arrangement (one vehicle behind the other) for future apparatus by adding to the proposed system. Systems that require replacement of the existing system or major components to meet a tandem vehicle arrangement shall not be accepted. A special emergency disconnect feature shall be provided to enable the vehicle to back off the system through a rear exit door. Unique occasions may require the emergency vehicle to depart from the back door in a drive through station. Also a malfunction of the front over-head door may force the vehicle to exit from the station outside 15804 - 9 the confines of normal operation. Overall system design and performance shall be for both back in and drive-through configurations when applicable, which assures door to door coverage and collection of dangerous exhaust gases from the point of connection at the doorway. Q. Vehicle Tailpipe Modification: The bidder shall supply a drawing for the precise modification procedure for the vehicles to attach to the exhaust removal system . The modification shall vent the exhaust gases at a 90-degree angle on the passenger side of vehicle. Tailpipe modifications requiring a 45-degree angle of exhaust venting shall not be acceptable in order to prevent exhaust blow back into the station after the automatic release system disengages from the tailpipe. A flange shall be provided and installed on the tailpipe by the bidder as a precisely located stopping point for the collection nozzle. The manufacturer supplied adapter shall securely attach to the vehicle tailpipe . The flange shall be fabricated from 14 gauge-aluminized steel. Two sections shall be provided for simple attachment to vehicle's tailpipe. The sections shall be bolted together with four (4) 3/4" x 1-112" long bolts and nuts . The tailpipe modifications shall be compatible/similar to the existing truck tailpipe assemblies. All tailpipe modifications shall be provided by the Contractor. PART 3 -EXECUTION 3.01 3 02 3.03 TRAINING: A. The bidder or authorized approved personnel shall provide tra1mng to fire department personnel in the daily use and maintenance of the vehicle exhaust removal system that has been installed and specified herein . The fire department shall be notified at least 7 days prior to the date scheduled for the training course. Training shall be for all personnel involved with the operation of the exhaust removal system for all shifts required to man the particular facility. The training session shall be performed in person by a recognized representative of the manufacturer of the exhaust removal system. In addition, a training video shall be provided to the fire department. EXHAUST PENETRATIONS: A. In all cases when making a wall penetration through masonry or concrete walls it shall be done by the use of a professional core drilling machine . The core drilling shall be properly sized to reduce the diameter of the opening to the smallest possible size . Only after all possible avenues for wall penetration are exhausted, shall the roof penetration be accepted . The original roofing contractor shall perform the work if possible to ensure existing roof warranties are not voided . If the original roofing contractor can not be notified, a licensed roofing contractor shall be used. VEIDCLE EXHAUST REMOVAL SYSTEM EQUIPMENT : A . Sequence of Operations : The vehicle exhaust removal system shall capture 100% of the exhaust emissions directly at the tailpipe of the vehicle and exhaust those emissions to a specified area safely outside the building. The operating controller shall be designed to complete this cycle. A pneumatically operated collection nozzle shall be connected to the motor vehicle's exhaust tailpipe. When the vehicle 15804 -10 0 0 0 D 0 a D a a a a a 0 0 0 D 0 0 0 0 0 D Q 0 L ( is started by the driver, the exhaust fan will automatically energize and vent the toxic gases directly to the outside of the building. This automatic feature shall be achieved by means of a pressure sensor located inside the exhaust ducting; the pressure sensor shall sense the engines output pressure upon the first stroke of the engine piston and therefore energize the fan starter. The automatic controller shall use an adjustable timer to keep the contactors energized for a designated period of time. Should the operating vehicle not exit the station within the designated preset time period, a temperature override switch shall be incorporated to override the timer relay . This override shall be achieved by means of an adjustable temperature sensor located inside the exhaust ductwork. The adjustable temperature (heat) sensor shall have a range of 90-130 degrees. If the vehicle is still running inside the station longer than anticipated, the heat sensor will override the timer relay. The pneumatic connection device shall stay connected to the vehicle tailpipe as it travels to the exit door by means of a pre-engineered sliding track system. The sliding track shall be securely attached to the building structure and support a flexible hose assembly that moves with the vehicle inside the station. As the vehicle nears the exit door, the pneumatic nozzle connection located at the tailpipe shall release its air pressure automatically and therefore release the nozzle from the tailpipe. This shall be accomplished by means of an uncoupling valve strategically located on the sliding track. After the system releases the vehicle tailpipe at the door, it shall retract passively and smoothly into a convenient storage position. When the vehicle returns to the station, a system operator manually pulls the flexible hose assembly to the entrance door. The system operator holds the pneumatic connection device approximately 18 11 from the floor and at the door threshold. The system operator, without bending over, attaches the pneumatic connection device just inside the door threshold as the vehicle enters the station, at which time the exhaust fan motor energizes. The vehicle driver momentarily stops the vehicle when the tailpipe is just at the door threshold (a backup man will notify the driver when it is time to stop the vehicle). The system operator, standing straight up with the pneumatic slide valve in his left hand, shall slide the connection device up against a flanged adapter attached to the vehicle tailpipe; the operator will then inflate the pneumatic nozzle around tailpipe. The cycle is completed as the exhaust fan starts and vents the toxic gases with the pneumatic connection nozzle firmly attached to the vehicle exhaust pipe. The vehicle then proceeds to its designated resting position. End of Section 15804 -11 0 0 L SECTION 16010 -GENERAL ELECTRICAL PROVISIONS PART 1 -GENERAL 1.01 1.02 SCOPE: A. Conform with applicable provisions of the General Conditions of the Agreement. B. Furnish all labor, materials, service, equipment and appliances required to complete the installation of the complete electrical system in accordance with the specifications and contract drawings. C. Contractor shall review all other disciplines plans and specifications for additional requirements for temperature controls, motor controls, damper actuators, etc. and shall provide wiring and installation as required. D. All wiring for all systems shall be installed in conduit. E. Electrical Division Index: 16010 -General Electrical Provisions 16110 -Raceways 16120 -Conductors 16130 -Boxes and Fittings WORK INCLUDED: A. This Contractor shall furnish all labor and materials necessary to complete all electrical and related work as shown on the drawings and/or herein specified as follows. All wiring shall be in conduit. 1. All disconnects, starters, etc. required for equipment furnished under other contracts. 1.03 REQUIREMENTS OF REGULATOR AGENCIES AND STANDARDS: 1.04 A. Regulatory Agencies: Installations, materials, equipment and workmanship shall conform to the applicable provisions of the National Electrical Code (NEC), the National Electrical Safety Code (NESC), and the terms and conditions of the electrical utility and other authorities having lawful jurisdiction pertaining to the work required. All modifications required by these codes, rules, regulations and authorities shall be made by the Contractor without additional charge to the Owner. B. Underwriters' Laboratories (UL): All materials, appliances, equipment or devices shall conform to the applicable standards of Underwriters' Laboratories, Inc. The label of, or listing by, UL is required. C. Standards: Where referenced in these specifications or on the drawings, the publications and standards of the following organizations shall apply: American Society of Testing and Materials (ASTM), Institute of Electrical and Electronic Engineers (IEEE), Insulated Power Cable Engineers Association (IPCEA), National Electrical Manufacturers Association (NEMA), National Fire Protection Association (NFPA), American National Standards Institute (ANSI). SUB:MITT ALS: A. Material List: As soon as possible after contract award and before material is ordered, the Contractor shall submit for approval a list of all proposed material and 16010 - 1 equipment, indicating manufacturer's name and general description. B. Shop Drawings: Submit for approval in accordance with the requirements contained in the SPECIAL PROVISIONS, a minimum of six (6) copies of all shop drawings after the material list has been approved and prior to ordering. Show complete outlines, dimensions, electrical services, control diagrams, electrical characteristics of special nature or critical to the installation, and pertinent data required for installation. Indicate in the transmittal that submittal has been reviewed and accepted and all contract deviations identified. In addition to, but not limited to, specific references or requests, submit shop drawings for the following applicable items: Switchboards, panelboards, lighting fixtures, transformers, alarm systems, primary cable, emergency battery units, fire alarm and security systems, underfloor duct, safety switches, motor starters, wiring devices. 1.05 CLARIFICATION: A. The Engineer shall provide, with reasonable promptness, written responses to requests from the Contractor for clarification and interpretation of the requirements of the Contract Documents. However, if the Contractor's requests for information, clarification or interpretation are, in the Engineers professional opinion, for information readily apparent from reasonable observation of field conditions or a review of the Contract Documents, or are reasonably inferable therefrom, the Engineer shall be entitled to compensation from the Contractor for the Engineer's time spent responding to such requests. 1.06 DEFECTS : A. Contractors shall promptly report to the Engineer any defects or suspected defects in the contract documents of which the Contractor becomes aware, so that the Engineer may take measures to minimize the consequences of such a defect. Failure by the Contractor to notify the Engineer shall relieve the Engineer or Owner of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered . 1.07 COMPLETION: A . If the Contractor asks for a final inspection and the project is not complete enough to prepare a normal punch list as determined by the Engineer, the Engineer shall be compensated for time and travel for subsequent site visits. PART 2 -PRODUCTS 2.01 EQUIPMENT REQUIREMENTS: A. The electrical requirements for equipment specified or indicated on the drawings are based on information available at the time of design. If equipment furnished for installation has electrical requirements other than indicated on the electrical drawings, the Contractor shall make all adjustments to wire and conduit size, controls, overcurrent protection and installation. as required to accommodate the equipment supplied, without additional charge to the Owner. The complete responsibility and costs for such adjustments shall be assigned to the respective section of this specification under which the equipment is furnished. 16010 - 2 0 0 0 0 0 0 0 0 a a 0 0 a 0 0 0 0 0 0 0 0 J [ 2.02 MATERIALS: A. All similar materials and equipment shall be the product of the same manufacturer. B. Where no specific material, apparatus, or appliance is mentioned, any first-class product made by a reputable manufacturer may be used, providing it conforms to the contract requirements and meets the approval of the Engineer. C. Materials and equipment shall be the standard products of manufacturers regularly engaged in the production of such material and shall be the manufacturer's current and standard design. D. Equipment affected by altitude shall perform satisfactorily the function intended at an altitude of the project site. E. Materials and equipment shall conform to the respective publications and other requirements specified below. Other materials and equipment shall be as specified elsewhere herein and as shown on the drawings, and shall be the products of manufacturers regularly engaged in the manufacture of such products. PART 3 -EXECUTION 3.01 3.02 3.03 VERIFICATION OF PLANS AND SPECIFICATIONS: A. It shall be the responsibility of all parties concerned to carefully examine the plans and specifications relating to this work for completeness, accuracy and clarity. Any conflict, errors or clarification requests shall be immediately brought to the attention of the Engineer for written interpretation or instructions. No claims for increased compensation for additions, changes or alterations will be considered unless written authority is granted by the Engineer. Otherwise, any additional materials and/or labor due to additions, alterations and changes necessary to meet existing conditions shall be furnished under this contract. GENERAL: A. Fabrication, erection and installation of the complete electrical system shall be done in a first class workmanlike manner by qualified personnel experienced in such work and shall proceed in an orderly manner so as not to hold up the progress of the project. The Electrical Contractor shall check all areas and surfaces where electrical equipment or material is to be installed, removed or relocated and report any unsatisfactory conditions before starting work. Commencement of work signifies this Contractor's acceptance of existing conditions. PERFORMANCE TESTS: A. Thoroughly test all fixtures, services, and all circuits for proper operating condition and freedom from grounds and short circuits before acceptance is requested. All equipment, appliances, and devices shall be operated under load conditions. B. After the interior-wiring system installation is complete and at such time as the Engineer may direct, conduct operating tests for approval. When requested, test all the wire, cable, devices, and equipment after installation, to assure that all material continues to possess all the original characteristics as required by governing codes and standards listed in these specifications. C. Prior to acceptance or beneficial occupancy, establish nominal building power loads and record voltage readings at all panelboards. Based on these readings make final 16010 - 3 3 .04 3.05 3.06 3 .07 adjustments of tap changers on all transformers in the building electrical system to comply with specifications and equipment installed. D . Perform such other tests as required by other sections of these specifications or as requested to prove acceptability. OPERATING INSTRUCTIONS AND MANUALS: A. Instructions: Without additional charge to the Owner, furnish competent instruction to the Owner in the care, adjustment and operation of all parts of the electrical equipment and systems. B. Manuals: Upon completion of the work, prepare and deliver to the Engineer two (2) sets of complete operating and maintenance manuals for the systems and major equipment installed. Include catalog data, shop drawings, wiring diagrams, performance curves and rating data, spare parts lists, and manufacturer's operating and maintenance data. C. Other: The above requirements are in addition to specific instructions and manuals specified for individual systems or equipment. IDENTIFICATION AND SIGNS : A. Mark each individual motor controller, disconnect switch, transformer, and remote control device to identify each item with its respective service. Provide engraved phenolic nameplates in finished area. B. Provide nameplates with engraved lettering not less than 3/8 inch high where specified. In general, use white core laminated plastic. C. Identify panelboards, motor control centers, switchboards, and cabinets by nameplates with descriptions indicated on the drawings together with indication of location of the feeder overcurrent protection. Install on outside of hinged doors of panelboards and cabinets. RECORD DRAWINGS: A. Provide record drawings showing the 11 as-built11 condition of all electrical work. Information shall include but not be limited to indicating: 1. All floor outlets. 2. All conduit runs including size installed. 3. All stub-up locations of conduits in floor routed up columns or walls. 4. Locations and sizes of all junction and pull boxes. B. This drawing shall be a mylar sepia of the power plans . WORKMANSHIP: A. All work shall be executed in a workmanlike manner and shall present a neat and mechanical appearance upon completion. All mechanics shall be capable experienced electricians. B . Panels and cutout boxes shall be properly supported from the building construction. Boxes shall be set plumb and at height best suited for adequate operation . Wiring troughs and barriers shall be as required by the National Electric Code as amended to date . C. Symbols on drawings are approximately correct, but care shall be taken that all fixture outlets are symmetrical on spaces, ceiling panels, bays or rooms, and all 16010 - 4 0 0 D 0 0 0 D a 0 a a a a 0 0 0 0 f] L 0 [ 0 switch outlets are on the strike side of doors. D. Outlets may be varied slighting in location either horizontally or vertically by the Owner before installation. Outlets for special equipment shall be located and verified on the job before final rough-in is made. E. All flush outlet boxes shall be set so that edge of cover comes flush with finished surface. Outlet boxes shall be of a suitable size and construction to serve the purpose properly. F. There shall be no more knockouts opened in any outlet box than are actually required. G. Outlet boxes shall be provided in all cases with proper supports for fixtures. H. All wires shall be polarized. No joints or taps in feeders will be permitted under any condition. I. Joints in branch circuits shall occur only where such circuits divide, and shall then consist of one (1) through circuit, to which shall be spliced the branch from this circuit. J. Wire and cable connectors shall be solderless, mechanical type. Connectors for conductors #8 A WG and smaller shall be Buchanan Electrical Products copper squeeze-on type with molded rubber or vinyl cap, Minnesota Mining and Manufacturing Co. Scotchlock, or Ideal Industries Super-Nut spring connector with molded vinyl cap . K. Conduits shall be of such size and shall be so installed that the required conductors may be drawn in without injury or excessive stain. Powdered soapstone only may be used as a lubricant where necessary. Sizes of conduits shall be in accordance with National Code tables . Flexible metal conduit may be used for final connec- tions to motors, etc., but shall not be over 48 11 in total length from outlet box to motor. Waterproof flexible conduit may be used in exterior locations. Connectors for conductors larger than #8 A WG shall be mechanical bolted type, insulated with clamp-on molded covers or vinyl plastic tape. The manufacturer shall be O .Z . Electrical Manufacturing Co ., or Burntly Engineering Company . Flexible conduit smaller than 112 11 diameter shall not be permitted to be used. L. Where conduits enter boxes they shall be secured in place by galvanized locknuts and bushings . Conduit ends shall be carefully plugged during construction. M . Conduits, except those which are vertical for their entire length, and except conduits connecting ceiling outlets together, shall have a drag consisting of a number of tight fitting rubber washers drawn through before wires are pulled in. End of Section 16010 - 5 0 0 0 [ c [ L SECTION 1611 O -RACEWAYS PART 1 -GENERAL 1.01 REQUIRE1\.1ENTS: A. Conform with applicable provisions of the General Conditions of the Agreement. 1.02 RELATED WORK IN OTHER SECTIONS: A. General Electrical Provisions -Section 16010 PART 2 -PRODUCTS 2.01 CONDUITS: 2.02 A. Rigid Steel Conduit: Rigid, threaded, thick-wall, zinc-coated on the outside and either zinc-coated or coated with an approved corrosion-resistant coating on the inside. B. Intermediate Metal Conduit (IMC): Rigid, threaded, lightweight steel zinc-coated on the outside and either zinc-coated or coated with an approved corrosion-resistant coating on the inside. C. Electrical Metallic Tubing (EMT): Mild steel, zinc-coated on the outside and either zinc-coated or coated with an approved corrosion-resistant coating on the inside. D. Flexible Conduit: Commercial Greenfield, galvanized steel, with a separate grounding bond wire installed in the conduit in addition to other wires. E. Liquid-Tight Flexible Conduit: Flexible galvanized steel tubing with extruded liquid-tight PVC outer jacket and a continuous copper bonding conductor wound spirally between the convolutions. Where a separate grounding conductor is installed in the conduit, bonding conductor in the conductor in the convolutions may be omitted. F. Conduit Size: Minimum conduit size 1/2 inch except where specifically approved for equipment connections. Sizes shall be as noted on the drawings and where not noted sizes shall be as required by the NEC. CONDUIT FITTINGS: A. Rigid Steel Conduit, IMC, and EMT Fittings: Iron or steel. Cast fittings may be used. B. Flexible Conduit Fittings (Commercial Greenfield): Either steel or malleable iron only, with insulated throats, and shall be of one of the following types: 1. Wedge and screw type with angular wedge fittings between the convolutions of the conduit. 2. Squeeze or clamp type with bearing surface contoured to wrap around the conduit and clamped by one or more screws. 3. Steel, multiple point type, for threading into internal wall of the conduit convolutions. C. Liquid-Tight Flexible Conduit Fittings: With threaded grounding cone, a steel, nylon or equal plastic compression ring. and a gland for tightening. Gland shall be 16110 - 1 either steel or malleable iron only with insulated throats and mall thread and locknut or male bushing with or without 11 0 11 ring seal. Each connector shall provide a low resistance ground connection between the flexible conduit and the outlet box, conduit or other equipment to which it is connected. D. Connectors and couplings: Compression type threadless fittings for rigid steel conduit or Ilvf C permitted. Set screw type fittings for rigid aluminum conduit not permitted. Steel set screw connectors and couplings permitted for special conditions when approved. EMT couplings and connectors either steel, malleable iron, or cast fittings. "Concrete-tight" or 11 Rain-tight 11 , and either the gland and ring compression type or the stainless steel multiple point locking type. Connectors to have insulated throats. EMT fittings may be die cast compression fittings. E. Bushings: Insulated type, designed to prevent abrasion of wires without impairing the continuity of the conduit grounding system, for rigid steel conduit, IMC, and rigid aluminum conduit larger than 1/2 inch size. F. Expansion Fittings: Each conduit that is buried in or rigidly secured to the buildings construction on opposite sides of a building expansion joint and each long run of exposed conduit that may be subject to excessive stresses shall be provided with an expansion fitting. Expansion fittings shall be hot-dipped galvanized malleable iron with factory installed packing and a grounding ring . G. Sealing Fittings: Threaded, zinc or cadmium coated, cast or malleable iron type for steel conduits and threaded cast aluminum type for aluminum conduits . Fittings used to prevent passage of water vapor shall be of the continuous drain type. PART 3 -EXECUTION 3.01 CONDUIT INSTALLATION: A. Conduit Systems: Rigid steel conduit, IMC, or EMT unless otherwise specified. Aluminum conduit is not permitted. B. EMT: Not permitted underground nor embedded in concrete. C . Flexible Conduits: Use flexible conduit for lights, motor or equipment connections and then only to the extent of minimum lengths required for connections. Install flexible conduit connections at all resilient-mounted equipment. Provide liquid-tight flexible conduit in exterior, wet or damp locations and for connections to wet-pipe mechanical systems . D. Conduit in Concrete: Rigid steel conduit, or rigid non-metallic conduit may be embedded in concrete providing the outside diameter does not exceed one-third the thickness of the concrete slab, wall, or beam, is located entirely within the center third of the member, and lateral spacing of conduits is not less than three diameters. E. Steel Conduit in Ground : Rigid steel conduit, that is not completely encased in concrete but is in contact with ground or on a vapor barrier, shall be wrapped in Scotchap 51 half-lapped, or shall have an additional outside factory coating of polyvinyl chloride with a minimum coat thickness of 20 mils. Other PVC of Phenolic-resin-epoxy coating material which is equally flexible and chemically resistant may be used providing approval by the Engineer is obtained prior to installation. F. Exposed Conduits: Install exposed conduit systems parallel to or at right angles to the lines of the building. Right angle bends in exposed runs shall be made with 16110 - 2 0 0 0 D 0 a 0 0 a a a a 0 0 D 0 0 0 0 0 [ [ f [ 1 0 3.02 standard elbows, screw jointed conduit fittings or conduit bent to radii not less than those of standard elbows. G. Concealed Conduits: Install conduit systems concealed where possible unless otherwise noted. Conduit systems may be exposed in unfinished utility areas, ceiling cavities, and where specifically approved by the Engineer. Install concealed conduit systems in as direct lines as possible. H. Exterior Underground Conduit: Galvanized rigid steel conduit, wrapped as above, shall be used for all circuits outside the building slab. Conduit shall be buried a minimum of 2'-6 11 below finished grade. Concrete encased PVC conduit may be used for all conductors except the service entrance secondary. I. Conduit Bends: In any conduit or EMT run the number of quarter bends or equivalent between terminations at cabinets or boxes shall not exceed four ( 4) bends for conduits up to 1-1/4 inch, three (3) bends for 1-1/2 to 2-1/2 inch conduits, and two (2) bends for 3-to 4-inch conduits. Conduits run between cabinets or boxes shall not exceed I 00 feet for straight runs nor 100 feet for runs with maximum number of bends. Bends in telephone feeder conduits shall be long-radius. J. Conduit Openings: Protect all vertical runs of conduits EMT terminating in the bottoms of boxes or cabinets, etc., from the entrance of foreign material prior to installation of conductors. K. Sealing Fittings: Install where required by the NEC, where conduits pass from warm to cold locations, and where otherwise indicated. L. Sleeves for Conduit: Install sleeves for conduit where shown or as required. Conduit sleeves not used shall be plugged with recessed type plugs. Sleeve all conduit passing through walls. Sleeves that are used shall be caulked tight with lead yarn. CONDUIT SUPPORTS : A. Supports : Provide supports for horizontal steel conduits and EMT as required by the National Electrical Code, including runs above suspended ceilings. In suspended ceiling construction, only lighting system branch circuit raceways shall be fastened to the ceiling supports. No supports shall be permitted from metal roof decks. B. Straps: Install one-hole pipe straps on conduits 1-1/2 inch or smaller. Install individual pipe hangers for conduits larger than 1-1/2 inch. Spring steel fasteners with hanger rods may be used in dry locations in lieu of pipe straps. C. Trapezes : Install multiple (trapeze) pipe hangers where two or more horizontal conduits or EMT run parallel and at the same elevation. Secure each conduit or EMT to the horizontal hanger member by a U-bolt, one-hole strap or other specially designed and approved fastener. D. Hanger Rods: Install 3/16 inch diameter or larger steel rods for trapezes, spring steel fasteners, clips and clamps. Wire or perforated strapping shall not be used for the support of any conduit, EMT or light fixtures in open ceiling areas. E. Fastening: Fasten pipe straps and hanger rods to concrete by means of inserts or expansion bolts, to brickwork by means of expansion bolts, and to hollow masonry by means of toggle bolts. Wooden plugs and shields shall not be used. Power- driven fasteners may be used to attach pipe straps and hanger rods to concrete where approved by the Engineer. F. All conduits not embedded in concrete shall be firmly secured by means of pipe 16110 - 3 0 clamps,hangers, etc., equal to Caddy Fasteners of ERICO Products,Inc. Wire o wrapped around conduits and supporting members will not be acceptable. 3.03 3.04 IDENTIFICATION: A. Contractor shall furnish as-built drawings showing routing and/or terminations of all conduit and boxes run into floor and from underfloor into wall or above ceiling terminations. CLOSING OF OPENJNGS: A. Wherever slots, sleeves or other openings are provided in floors or walls for the passage of conduits or other forms of raceway, including bus ducts, such openings, if unused, or the spaces left in such openings, shall be filled or closed in a manner approved by the Engineer. End of Section 16110 - 4 0 D 0 a a a a 0 0 a 0 0 0 0 0 0 D ( 0 0 0 SECTION 16120 -CONDUCTORS PART 1 -GENERAL 1.01 REQUIREMENTS: A. Conform with applicable provisions of the General Conditions of the Agreement. 1.02 RELATED WORK IN OTHER SECTIONS: A. General Electrical Provisions -Section 16010 PART 2 -PRODUCTS 2.01 2.02 WIRES AND CABLES (600 VOLTS): A. Type: Conform to the applicable UL and IPCEA Standards for the use intended. Copper conductors with 600 volt insulation. Stranded conductors for No . 8 AWG and larger. Aluminum conductors shall not be permitted. B. Insulation: Type THHN insulation minimum unless otherwise specified or noted on the drawings . Type THHN minimum cross-linked polyethylene 90 degrees C thermosetting insulation for conductors No . 8 or larger. 90 degrees C minimum insulation within fixture wireways of fluorescent fixtures, Type RF-2 or TF commercial fixture wire, No . 16 AWG may be used for Class 2 remote control and signal circuits. C. Size: No. 12 AWG minimum unless otherwise specified or noted on the drawings. Not less than NEC requirements for the system to be installed. Conductors for trench circuits of 120 volts, or more than 100 feet long from panel to load center, shall be No. 10 AWG. Class 1 remote control and signal circuit conductors shall not be less than No. 14 AWG. Class 2 low energy remote control and signal circuits conductors shall be not less than No. 16 A WG. If Contractor furnishes other than specified equipment, it shall be his responsibility to furnish proper size conduit and conductors as required without additional cost to the Owner. D. Conductors shall be color coded as follows: 120/208V Phase A Phase B Black Red Phase C Blue Neutral White Ground Green Connect all conductors of the same color to the same phase conductor. Conductors No. 12 and 10 shall be solid color compound for the entire length. Conductor sizes larger than No. 10 may be color coded at each termination and in each box or enclosure with 6 inches of half-lapped 3/4 inch pressure-sensitive, plastic tape of respective colors in lieu of solid color compound . COMMUNICATION AND ELECTRONIC CABLE: A. Foil shielded twisted pair cable shall be stranded equal to Belden "Belfoil", sized as required . 16120 - 1 2.03 2.04 2 .05 B. Unless otheIWise noted, co-axial cable shall be Belden RG-59, 20 AWG. C. As required or specified in the section of these specifications specifying the equipment. Cable shall be continuous from backboards or panels to outlets or other termination points without splices. VERTICAL CABLE SUPPORTS: A. Split wedge type supports which clamp each individual conductor and tightens due to weight of the cable shall be used for cables without metallic sheath. Basket weave type supports shall be used for tables with metallic sheath. CONNECTORS AND LUGS: A. For Copper Conductors No . 6 and smaller: 3M Scotch-Lok or T&B Sta-Kon compression or indent type connectors with integral or separate insulating caps. B. For Copper Conductors Larger than No. 6: Solderless, indent, hex screw, or bolt- type pressure connectors, properly taped or insulated. TAPE: A. Plastic tape, 8.5 mils minimum thickness, 1,000,000 megohms minimum insulation resistance, oil-resistant vinyl backing, oil-resistant acrylic adhesive, incapable of supporting combustion per ASTM D-568 Test Method B . PART 3 -EXECUTION 3.01 3.02 3.03 WIRE AND CABLE TESTS (600 VOLTS): A. Measure the insulating resistance of service entrance conductors, feeder circuit conductors, and service ground . Measurements shall be taken between conductors and between conductors and ground. Resistance shall be 1,000,000 ohms or more when tested at 500 volts by meter without branch circuit loads. Tests and procedures shall meet the approval of the Engineer, and shall be in accordance with the applicable IPCEA Standards for the wires and cables to be installed . Furnish all instruments, equipment and personnel required for testing, and conduct tests in presence of the Engineer. Submit written reports of the tests and results shall be furnished to the Engineer. SPLICES (600 VOLTS AND UNDER): A. Permitted only at outlets or accessible enclosures. Conductor lengths shall be continuous from termination to termination without splices unless approved by the Engineer. WIRE PULLING: A. Preparation: Completely and thoroughly swab raceway before installing wire. Pull no conductors into conduits until all work of a nature which may cause injury to conductors is completed. B. Pulling Lines: Provide suitable installation equipment for pulling conductors into raceways or conduits. Use ropes of polyethylene, nylon or other suitable material to pull in conductors. Attach pulling lines to conductors by means of woven basket grips or by pulling eyes attached directly to conductors . 16120 - 2 D 0 0 D D a a a a 0 0 0 0 0 0 0 3.04 0 [ L c 0 C. Multiple Wires In A Raceway: All conductors to be installed in a single conduit shall be pulled in simultaneously. D. Cable Lubricant: Use an Underwriters Laboratories listed cable pulling compound for building wire No. 4 and larger. 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. E. Existing Conduit: Remove existing wire from raceway before pulling in new conductors. INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER): A. General: Install conductors as indicated, according to manufacturer's written instructions and the NECA 11 Standard of Installation. 11 B. Feeders: Run all feeders their entire length in continuous pieces without joints or splices, insofar as practicable. Make joints in branch circuits only where circuits divide as shown on drawings. Such joints shall consist of one through circuit to which shall be spliced the tap circuit. C. 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. D. Dedicated Neutrals: Where indicated on the drawings, branch circuits shall be installed with dedicated neutrals in a single conduit. E. Wiring At Outlets and Switches: Install with at least 12 inches of slack conductor at each outlet and wall switch. F. Terminations: Connect outlets and components to wiring and to ground as indicated and instructed by manufacturer. Tighten connectors and terminals, including screws and bolts, according to equipment manufacturer's published torque-tightening values or as specified in UL Standard 486A. G. 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. H. Receptacle and Motor Branch Circuits: No. 12 conductors unless noted or scheduled otherwise. I. 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. J. Home Runs on 277 Volt, 20 Ampere Lighting Branch Circuits: Where length of run from panelboard to first lighting outlet exceeds 175 feet, use No. 10 conductors; otherwise use No. 12 conductors. K. Different Voltages In Same Raceway: Power and lighting circuits of different system voltages (e.g., 208Y/120 and 480Y/277 volts) shall not occupy the same conduit. L. Emergency Lighting and Powered Conductors: Run in conduits separate from all other wiring. M. Joints and Splices: Make joints and splices only where necessary and only at outlet 16120 -3 boxes and pull boxes. All joints shall be mechanically and electrically secure. After a joint or splice is complete, insulate it with rubber tape, and friction tape to make the insulation of the joint or splice equal to that of the conductor. In lieu of this, 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 insulating putty. N. Wet Locations: Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. 0. 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 . P. 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. Q. . Cable Supports and Boxes: Install cable supports and boxes for all vertical conductors in accordance with National Electrical Code requirements. Boxes shall be of heavy galvanized steel plate construction, not less than No. 10 USS gauge, riveted to an angle iron frame. Removable box covers shall be secured with corrosion-resistant screws . For cables without a metallic sheath, cable supports shall be of the split wedge type which clamps each conductor firmly and tightens due to the weight of cable. For cables with metallic sheath, a basket weave or equal type of support shall be provided as approved by the cable manufacturer. End of Section 16120 -4 D 0 0 D D a a a a a 0 0 a 0 0 0 0 B! L [ L L SECTION 16130 -BOXES AND FITTINGS PART I -GENERAL 1.0 I REQUIREMENTS: A. Conform with applicable provisions of the General Conditions of the Agreement. 1.02 RELATED WORK IN OTHER SECTIONS: A. General Electrical Provisions -Section 160 I 0 PART 2 -PRODUCTS 2.01 2.02 OUTLET BOXES: A. Construction: Zinc-coated or cadmium plated sheet steel boxes of a class to satisfy the condition at each outlet except where unilet or condulet bodies are required. Knockout type with knockouts removed only where necessary to accommodate the conduit entering. Square cornered, straight sided gang boxes, 4 inch octagon concrete rings and 4 inch octagon hung ceiling boxes with bars may be folded type; one-piece deep-drawn type for all other boxes. B. Size: To accommodate the required number and sizes of conduits, wires and splices in accordance with NEC requirements, but not smaller than size shown or specified. Standard concrete type boxes not to exceed 6 inches deep except where necessary to permit entrance of conduits into sides of boxes without interference with reinforcing bars. Special purpose boxes shall be sized for the device or application intended. C. Exposed: Screw-joint type, with gasketed weatherproof covers in locations exposed to the weather. D. Grounding Terminal: Provide a grounding terminal in each box containing a green equipment ground conductor, for serving motors, lighting fixtures, or receptacles. Grounding terminal shall be green-colored washer-in-hand machine screw or grounding bushing. PULL BOXES: A. Minimum NEC requirements unless larger box is noted. Pull boxes with internal volume not more than 150 cubic inches shall be as specified for outlet boxes with blank covers. Pull boxes with internal volume over 150 cubic inches shall be as specified for cabinets except covers shall be same thickness as box and shall have corrosion-resistant screws or bolt attachments. PART 3 -EXECUTION 3.01 OUTLET BOXES: A. Installation: Unless otherwise specified or shown on the drawings, outlet boxes shall be flush mounted and the front edges of the boxes or plaster covers shall be flush with the finished wall or ceiling line, or, if installed in walls and ceilings of incombustible construction, not more than 1/4 inch back of same. Mount boxes 16130 -I 3.02 with the long axes of devices vertical, unless otherwise specified. Boxes in plastered walls and ceilings shall be provided with plaster covers. A multiple of box extensions and/or covers will not be permitted . Install in a rigid and satisfactory manner with suitable metal bar hangers, box cleats, adjustable box hangers, etc. Use wood screws on woods, expansion shields on masonry and machine screws on steel work. B . Mounting Heights : The mounting height of a wall-mounted outlet box shall be construed to mean the height from the finished floor to the horizontal center line of the cover plate. On exposed tile, block, or brick construction mount outlet boxes at the nearest bed joint in the mounting height indicated. Verify with Architect. PULL BOXES: A. Provide additional pull boxes wherever necessary to meet requirements for maximum lengths of conduit runs and maximum numbers of bends as specified under Conduit and Fittings. End of Section 16130 - 2 D D D u D D a a a a a a D 0 0 0 D D 0