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Resolution - 2009-R0287 - Contract - Acme Electric - City Hall Electrical Renovations - 07/28/2009 (3)
Resolution No. 2009—RO287 July 28, 2009 Item No. 5.25 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Lump Sum Price Construction Contract No. 8930 for City Hall Electrical Renovations per ITB #09 -724 - DD services, by and between the City of Lubbock and Acme Electric of Lubbock, Texas, 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 28th ATTEST: Rebec Garza, C. Secretary APPRO'V'ED AS TO CONTENT: (41 0—� '4<� Mar Yea od, Assistant City Manager Chief Information Officer APPROVED S TO FORM: Chad Weaver, Assistant City Attorney day of July , 2009. e'-�l i144 TOM MARTIN, MAYOR vw/ccdocs/Chad/Resolutions/RES.Contract-Acme Electric July 17, 2009 No Text CITY OF LUBBOCK INVITATION TO BID FOR TITLE: FJ CITY HALL ELECTRICAL RENOVATIONS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 09-724-DD CONTRACT NUMBER: 8930 PROJECT NUMBER: 91190.8302.30000 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE Patie Intentionally Left Blank City of Lubbock, TX Public Works Contracting Office Contractor Checklist for ITB # 09-724-DD Before submitting your bid, please ensure you have completed and included the following: .- 1.y Carefully read and understand the plans and specifications and properly complete the BID a 'a i SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. .2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. V Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 4. ✓ Ensure your bid is RECEIVED by the City of Lubbock Public Works Contracting Office prior / to the deadline. Late bids will not be accepted. 5. V Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be / explained in detail and submitted with Bid. 7. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm Is FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. tool Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN TWO BUSINESS DAYS AFTER CLOSING 1. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. AcrAc. Elce-kric (Type or Print Company Name) Page Intentionally Left Blank 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 3-5. PROPOSED LIST OF SUB -CONTRACTORS 4. POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than two business days after the close date when bids are due.) 4-1. FINAL LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS Pate Intentionally Left Blank NOTICE TO BIDDERS Page Intentionally Left Blank NOTICE TO BIDDERS ITB # 09-724-DD Sealed bids addressed to Darlene Doss, Buyer, City of Lubbock, Texas, will be received in the Public Works Contracting Office, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 1:00 P.M., July 7. 2009 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: "CITY HALL ELECTRICAL RENOVATIONS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Public works Contracting Officer and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Public works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Bids are due at 1:00 P.M. on July 7.2009 and the City of Lubbock City Council will consider the bids on July 30, 2009 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 "A" or better. 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 ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's 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 June 25, 2009 at 9:00 A.M., in the Municipal Building, Committee Room 103, 1625 13th Street Lubbock. Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://pr.thereproductioncompany.com/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. 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 Public Works Contracting Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further f -, directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore w established by owner in said wage scale. t_ The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in 3 response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. I The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2168 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK DARLENE DOSS, BUYER GENERAL INSTRUCTIONS TO BIDDERS Pate Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME & DATE !; 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITY HALL ELECTRICAL RENOVATIONS per the attached specifications and contract documents. Sealed bids will be received no later than 1:00 P.M., July 7, 2009 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 # 09-724-DD, CITY HALL ELECTRICAL RENOVATIONS" 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: Darlene Doss, Buyer City of Lubbock 1625 13th Street, Room 204 Lubbock; Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Public Works Contracting Office. 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. 1.3 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. PRE -BID MEETING 2.1 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 meetine will be held on dune 25, 2009 at 9:00 A.M. in the Municipal Building. Committee Room 103, 1625-13'h Street, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 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. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 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 Public Works Contracting Office. At the request of the bidder, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be available over the Internet at www.bidsvnc.com and will become part of the bid package having the same binding effect as provisions of the original ITB. 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 Public Works Contracting Office no later than five (5) calendar days before the bid closing date. r 3.3 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 Public Works Contracting Office 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. 3.4 The Citydoes not assume responsibility for the receipt of any addendum sent to bidders. lm ty p 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 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 Buyer and a clarification obtained before the bids are received, and if no such notice is received by the Buyer 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 Buyer 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 ITB 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. 6 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 City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular i .t 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 J Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under t 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 PERMITS 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 local resources, and to outline in their bid submittal how they would utilize local resources. CONFLICT OF INTEREST 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. 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. 102 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 Buyer 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 Public Works Contracting 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 ADDITIONAL 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: Darlene Doss, Buyer City of Lubbock Public Works Contracting Office 1625 131h Street, Room 204 Lubbock, Texas 79401 r Fax: 806-775-2164 Email: ddoss i ,mvlubbock.us Bidsync: www.bidsvnc.com __ 3 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within FORTY- FIVE (45) 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 contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 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. 17 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 shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 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 will 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 obligations contained herein. 17.3 The obligations 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 City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 4 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, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. -' (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 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. 21 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. 22 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. 23 EXPLOSIVES 23.1 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 5 24 25 26 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. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 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 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 A PREWARY ADDITIONAL 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 Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 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. ' 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 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: 30 31 29.3.1 Bidder's name 29.3.2 Bid for ITB-09-724-DD City Hall Electrical Renovations 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(g), 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. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 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 deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this 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 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, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 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 the total bid for the LUMP SUM Bid plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining 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. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the j project. 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: bttp://www.gpo.gov/davisbacon/allstates.html 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay i to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. P 9 9 -1 10� BID SUBMITTAL FORM Pate Intentionally Left Blank BID SUBMITTAL FORM LUMP SUM BID CONTRACT DATE: Svi V I A oc PROJECT NUMBER: # ITB-09-724-DD - CITY HALL ELECTRICAL RENOVATIONS Bid of4 G ic (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITY HALL ELECTRICAL RENOVATIONS 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 f ,. incurred in performing the work required under the contract documents BASE BID: Replace the existing 480/277 V electrical panels in the City Hall as indicated on the drawings. Specifically, replace the existing 480 V, 1600 A, switch gear section in the basement equipment room; replace the 400 A, 480/277 V, Panel "BHP" in the basement equipment room; replace the 480/277V, 400 A, Panel "111P"on the first floor, replace the 480/277V 400 A, Panel "2HP"on the second floor; and replace the 480/277 V, 800 A, Panel "PET" in the penthouse. MATERIALS: -}WC Kt +V4� w_Ad a- �!! $ A 0� LABOR:. "�t,�G�t'�V �*"";b -E-Lu�.JSartd{ 4' �f !0�" $ o o�j��'a+ SIX TOTAL BASE BID: +hOU A A- NO / c_ -' $ �b1 000. '", (Amou s shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) ADDITIVE OPTION 1: Replaces the existing 208/120 V, 800 A, Panel "DPI" and transformer in the basement equipment room. Refer to plans and specifications for more information. MATERIALS: rikctrl *kyJL-JQAQ Si&C h&Mdrrr( $ /Jr, %00.00 w fla LABOR: Cc a k> 'f'�.oy59e!. d ra $ TOTAL ADDITIVE OPTION 1: "tocy1y '{ 1'i r,GG 4h005CuAJ.Sint 4VW1VA 23' 6D0• oD (Amounts shall be shown in bolh words and numerals. In case of discrepancy, the amount shown in words shall govern.) OLD 1710 Bidder's Initials ADDITIVE OPTION 2: Rchlace the existing 208/120 V, 400 A, Panel "IDPL" on the first floor. Refer to plans and spc(-ifieations {'or more information. ME 60 TOTAL ADDITIVE OPTION 2: +1nIeG - �wtd �QX �1w�4��tc� �-xpltoo$ Jay Co-" (Amounts shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) ADDITIVE OPTION 3: Replace the existing 208/120 V, 800 A, Panel 1'2DPL1" on the second floor. Refer to plans and specifications for more information. MATERIALS: 8 C_ +JQ "ndzCd v- '`Do ) aa& `'o LABOR: -#-.Jo 4.Donawntd TOTAL ADDITIVE OPTION 3: +Wyec :zco. °o (Amounts 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 a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within "45 (FORTY-FIVE) 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 $250 (TWO HUNDRED FIFTY) for each day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of THIRTY (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the wort: ol l which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's cllccl-, t1l certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety cun,iiitrl= , payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) c,l' ltti- t.;t--ll amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance 1)t111t at d execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to I u n is 14 Enclosed with this bid is a Cashier's Check or Certified Check for A-4 Dollars ($ Iv or a Bid Bond in the sum of pd Dollars ($ , which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business 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 hint 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) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: { Addenda No. ( Date ? �Z Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Finn: Black American Asian Pacific AT Date: .I 7 god ignature (Printed or Typed Name) Company t DAE Address Wabock , Lubbxk City, County TsmtS State , �'95tDN Zip Code Telephone: 806 - 746—, 772-0 Fax: _ - �{$-- 31.02 FEDERAL TAX ID or SOCIAL SECURITY No. 7S'--,(ySD/ !! � Page Intentionally Left Blank CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT (I To Be Completed by Bidder and Agent (I Must be submitted with Bid 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 ten (10) business 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. Contracto ' al Signature) `.obcrt &O-J^-) Contractor (Print) CONTRACTOR'S FIRM NAME: Atmc C.tCC'4e,%c- (Print or Type) CONTRACTOR'S FIRM ADDRESS: 1018 E $it'%t' 7fi(� Name of Agent/Broker: 215 t a P't 55ycict1eS Agent / Broker (Signature) Address of Agent/Broker: 4601 66TH STREET, SUTTE B . City/State/Zip: LUBBOCK, TX 79414 Agent/Broker Telephone Number: ( 806 ) 793-877 Date: 07/07/09 I NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact Buyer for the City of Lubbock at (806) 775-2168. BID # ITB-09-724-DD - CITY BALL ELECTRICAL RENOVATIONS 2 Page Intentionally Left Blank 11 I F SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. ber Bidder's Initials QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution rcl-rrc}rx-ntrd by the bidder, or anyone actiiig ts-r firin, corporation, partnership or institution, received citation~ for 0ol,tiions of environmental protection Iack-N of regulations, of any kind or type, within the past five years? 01011(ms Mcl do notice of violation, notice of enlOrecu; -rtt suspension/revocations of state or federal licenses, or regisiralic,nt, Lilies .ks.seSsed, pending criminal comp)rriril , indictments, orconvictions, administrative orders, draft orders, lijud cncic , :Mica judicial final judgments. YES NO /— If the bidder has indicated YES for question number two above, I1w I -)It Id :r must provide to City of Lubbock, with its bid submission, the following information with respect to eacli sucli c orw icl icon: Date of offense or occurrence, location where offense occurred, lype of oll'em ;, final disposition of offense, if any, and penalty assessed. -QUESTION THREE Has the bidder, or the firm, corporation, partnership, or iris( itutiort represented by bidder, or anyone acting for such a.u•iri. corporation, partnership, or institution, ever been corwicied, witliiii ilie past lent (10) years, of a criminal offense whrcll_ resulted in serious bodily injury or death? YES NOZ_,___ If the bidder has indicated YES for question number three ,►hove, the bidder must provide to City of Lubbock, with its t)icl submission, the following information with respect to eacli such C-onvicaion: Date of offense, location where offense occurred, type of offcrtse, Inal disposition of offense, in any, and penalty assessed. ACKNOWI I [)(:i13MI-NT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld infonnatiort in niy statements and answers to questions. I am aware that th.e�6,maion given by me in this questionnaire will bt-investigated, with my full permission, and that any misrc ° ritmissions may cause my bid to be rejected. Signature — ?,q ird Ao�t Title r 1 L U.S. Department of Labor n'Q�M�NT OF �'v Occupational Safety and Health Administration a Fort Worth Area Office ��res of 8713 Airport Freeway, Suite 302 Fort Worth, TX 76180-7610 Phone: (817)428-2470 FAX: (817) 581-7723 To: Inspection Number: 308653856 Winston Electric dba ACME Electric Inspection Date(s): 07/24/2006 - and its successors Issuance Date: 01/19/2007 4703 Martin Street Fort Worth, TX 76119 Inspection Site: 923 S. Ninth Street Midlothian, TX 76065 This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and Notification of Penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. Please refer to the enclosed booklet (OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Commission or a court. POSting - The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a prominent place at or near the location of the violation(s) cited herein, or , if it is not practicable because of the nature of the employer's operations, where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. The penalty dollar amounts. need not be posted and may be marked out or covered up prior to posting. Informal Conference - An informal conference is not required. However, if you wish to have such a conference you may request one with the Area Director during the 15 working day contest period. During such an informal conference you may present any evidence or views which you believe would support an adjustment to the citation(s) and/or penalty(ies). If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be Citation and Notification of Penalty Page 1 of 5 OSHA-2(Rev. 6/93) submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference.< If you decide to -request an informal conference, please complete, remove and post the page 4 Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest. Right to Contest - You have the right to contest this Citation and Notification of Penalty. You may contest all citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that you intend to contest the citation(s) and/or proposed uenaltv(ies) within 15 working days after receipt, the citation(s) and the proposed penaltv(ies) will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency Penalty Payment - Penalties are due within 15 working days of receipt of this notification unless contested. (See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.) Make your check or money order payable to "DOL-OSHA". Please indicate the Inspection Number on the remittance. OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist. Notification of Corrective Action -For violations which you do not contest, you should notify the U.S. 11 Department of Labor Area Office promptly by letter that you have taken appropriate corrective action within the time frame set forth on this Citation. Please inform the Area Office in writing of the abatement steps you have 1 taken and of their dates, together with adequate supporting documentation, e.g., drawings or photographs of E corrected conditions, purchase/work orders related to abatement actions, air sampling results, etc. Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may file a complaint no later than 30 days after the discrimination occurred with the U.S. Department of Labor Area Office at the address shown above. Employer Rights and Responsibilities - The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this notification. Notice to Employees - The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she believes the date to be unreasonable. The contest must be mailed to f the U.S. Department of Labor Area Office at the address shown above and postmarked within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Notification of Penalty. r Inspection Activity Data - You should be aware that OSHA publishes information on its inspection and citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The 1 j information related to your inspection will be available 30 calendar days after the Citation Issuance Date. You are Citation and Notification of Penalty Page 2 of 5 OSHA-2(Rev. 6/93) 3 � 1 t, encouraged to review the information concerning your establishment at WWW.OSHA.GOV. If you have any dispute with the accuracy of the information displayed, please contact this office. Citation and Notification of Penalty Page 3 of 5 OSHA-2(Rev. 6/93) t TT R.l .S• ]DepartBnent of Labor pP,(�ENT pF �9 Occupational Safety and Health Administration 4 P z .ate �giES OE NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE An informal conference has been scheduled with OSHA to discuss the citation(s) issued on 01/19/2007. The conference will be held at the OSHA office located at Fort Worth Area Office, 8713 Airport Freeway, Suite 302, Fort Worth, TX, 76180-7610 on I I -�)1 I c)q at I p : cc) pA . Employees and/or representatives of employees have a right to attend an informal conference. Citation and Notification of Penalty Page 4 of 5 OSf7A-2(Rev. 6/93) Fort Worth Area Office e Citation and Notification of Penalty Inspection Number: 308653856 Inspection Dates: 07/24/2006 - Issuance Date: 01/19/2007 Company Name: Winston Electric dba ACME Electric Inspection Site: 923 S. Ninth Street, Midlothian, TX 76065 Citation 1 Item 1 Type of Violation: Ser10US 29 CFR 1926.416(a)(1): Employees were permitted to work in proximity to electric power circuits and were not protected against electric shock by de -energizing and grounding the circuits or effectively guarding the circuits by insulation or other means: On or about July 20, 2006 at the work site located at 923 S 9th Street, Midlothian, Texas: Employer did not ensure that employees were protected against electric shock by de -energizing and grounding circuits. Employees were potentially exposed to an electrical shock while working on junction boxes that were energized at 277. volts. R. 'DENN WINGO Area Director See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 5 of 5 0SHA-2 (Rev. 9/93) U. S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION Fort Worth Area Office - North Star Il Building 8713 Airport Freeway, Suite 302 Fort Worth, TX 76180-7610 (817) 428-2470 or (817) 581-7303 In the Matter of: Winston Electric dba ACME Electric OSHA No. (s) : 308653856 INFORMAL SETTLEMENT AGREEMENT The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) and penalties which were issued on 01/19/07, hereby agree as follows: 1. The Employer agrees to correct the violations as cited in the above citations or as amended below and to provide written documentation to OSHA as to corrective action taken and the date of such corrective action. Job is completed and the hazard is considered abated. 2. The Employer agrees to pay the proposed penalties, if any, as issued with the above citation(s), or, if amended by this agreement, as amended below. Such payment is to be remitted with the signed settlement agreement or as provided elsewhere in this agreement. 3. OSHA agrees that the following citations and penalties are being amended as shown below: Cit 01 Item 001 Reduce penalty to $1,000 Total new penalty is $1,000. The employer plans to use Train -the -Trainer 500 course ) to provide in house training. The employer is updating it's safety training for all their employees through the 10 construction class that several employees attended on 8/19/06. 4. The employer, by signing this informal settlement agreement, hereby waives its rights to contest the above citation(s) and penalties, as amended in paragraph 3 of this agreement and specifically agrees to the withdrawal of any previously filed notice(s) of contest. S. The employer agrees to immediately post a copy of this Settlement Agreement in a prominent place at or near the location of the violation(s) referred to in paragraph 3 above. This Settlement Agreement must remain posted until the violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer. 6. The employer agrees to continue to comply with the applicable provisions of the Occupational Safety and Health Act of 1970, and the applicable safety and health standards promulgated pursuant to the Act and to provide training for supervisors and/or other key personnel concerning citation item requirements. 7. It is agreed OSHA will be allowed access to verify abatement of items and issues covered by this settlement agreement. 8. The employer has provided evidence of abatement or states that the conditions described in the citation(s) have been abated. None of the foregoing agreements, statements, stipulations, and actions taken by Employer shall be deemed an admission by Employer of the allegation(s) contained within the citation(s) and/or notification(s) of penalty. The agreements, statements, stipulations, findings, and actions taken herein are made for the purpose of settling this matter economically and amicably, and they shall not be used for any other purpose except for proceedings and matters brought by the United States Government. DEAN WI GO bATF Area Director t_ f t Z146&3,/© 7 For the Employer DATE 2 NOTICE TO EMPLOYEES The law gives you or your representative the opportunity to object to any abatement date set for a violation if you believe the date to be unreasonable. Any contest to the abatement dates of the citations amended in Paragraph 3 of this Settlement Agreement must be mailed to the U.S. Department of Labor Area Office at Fort Worth Area Office, 8713 Airport Freeway, Suite 302, Fort Worth, TX 761807610, within 15 working days (excluding weekends and Federal Holidays) of the receipt by the Employer of this Settlement Agreement. You or your representative also have the right to object to any of the abatement dates set for violations, which were not amended, provided that the objection is mailed to the office shown above within the 15-working-day period established by the original citation. 3 U.S. Department of Labor Occupational Safety and Health Administration Fort Worth Area Office 8713 Airport Freeway, Suite 302 Fort worth, TX 76180-7610 Phone: (817)428-2470 FAX: (817) 581-7723 INVOICE/ DEBT COLLECTION NOTICE Company Name: Winston Electric dba ACME Electric Inspection Site: 923 S. Ninth Street, Midlothian, TX 76065 Issuance Date: 01/19/2007 Summary of Penalties for Inspection Number 308653856 Citation 1, Serious = $ 3500.00 To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the uncontested penalties summarized above. Make your check or money order payable to: "DOL-OSHA". Please indicate OSHA's Inspection Number (indicated above) on the remittance. OSHA does not agree to any restrictions or conditions put on any check or money order for less than full amount due and will cash the check or money order as if these restrictions or condtions do not exist. If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our bank will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will then usually occur within 24 hours and will be shown on your regular account statement. You will not receive your original check back. The bank will destroy your original check, but will keep a copy of it. If the EFT cannot be completed because* of insufficient funds or closed account, the bank will attempt to make the transfer up to 2 times. Pursuant to the Debt Collection Act of 1982 (Public Law 97-365) and regulations of the U.S. Department of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of the Occupational Safety and Health Act. Interest. Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on all penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The current interest rate is 2%. Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a final order of the Occupational Safety and Health Review Commission (that is, 15 working days from your receipt of the Citation and Notification of Penalty), unless you file a notice of contest. Interest charges will be waived if the full amount owed is paid within 30 calendar days of the final order. Page I of 3 Delinquent Charges. A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. If the debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent (6%) per annum will be assessed accruing from the date that the debt became delinquent. Administrative Costs. Agencies of the Department of Labor are required to assess additional charges for the recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed for demand letters sent in an attempt to collect the unpaid debt. R. Dekm Wingo Area Director L /I, ,,— Date Corrective action, taken by you for each alleged violation should be submitted to this office on or about the abatement dates indicated on the Citation and Notification of Penalty. If the hazards itemized on this citation(s) are not abated/corrected and a follow-up inspection is conducted, your establishment may receive a Failure to Abate Citation for the uncorrected hazards with subsequent additional monetary penalties of up to thirty f30) times the original penalty amount of the uncorrected hazards. A work sheet has been provided to assist in providing the required abatement information. A completed copy of this work sheet should be posted at the worksite with the Citation(s). Page 2 of 3 CERTIFICATION OF CORRECTIVE ACTION WORKSHEET Company Name: Winston Electric dba ACME Electric Inspection Site: 923 S. Ninth Street, Midlothian, TX 76065 Issuance Date: 01/19/2007 List the specific method of correction for each item on this citation in this package that does not read "Corrected During Inspection" and return this page to: U.S. Department of Labor - Occupational Safety and Health Administration, Fort Worth Area Office, 8713 Airport Freeway, Suite 302, Fort Worth, TX 76180-7610. NAME OF COMPANY OFFICIAL DATE TITLE NOTE: 29 USC 666. (g): Whoever knowingly makes any false statements, representation or certification in any application, record, plan or other documents filed or required to be maintained pursuant to the Act shall, upon conviction, be punished by a fine of not more that $10,000, or by imprisonment for not more than six months or both. POSTING: A copy of the completed Corrective Action Worksheet should be posted for employee review. Page 3 of 3 U. S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION Fort Worth Area Office - North Star II Building 8713 Airport Freeway, Suite 302 Fort Worth, TX 76180-7610 (817) 428-2470 or (817) 581-7303 In the Matter of: Winston Electric dba ACME Electric OSHA No. (s) : 308653856 INFORMAL SETTLEMENT AGREEMENT The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) and penalties which were issued on 01/19/07, hereby agree as follows: 1. The Employer agrees to correct the violations as cited in the above citations or as amended below and to provide written documentation to OSHA as to corrective action taken and the date of such corrective action. Job is completed and the hazard is considered abated. 2. The Employer agrees to pay the proposed penalties, if any, as issued with the above citation(s), or, if amended by this agreement, as amended below. Such payment is to be remitted with the signed settlement agreement or as provided elsewhere in this agreement. 3. OSHA agrees that the following citations and penalties are being amended as shown below: Cit 01 Item 001 Reduce penalty to $1,000 Total new penalty is $1,000. The employer plans to use Train -the -Trainer 500 course to provide in house training. The employer is updating it's safety training for all their employees through the 10 construction class that several employees attended on 8/19/06. 4. The employer, by signing this informal settlement agreement, hereby waives its rights to contest the above citation(s) and penalties, as amended in paragraph 3 of this agreement and specifically agrees to the withdrawal of any previously filed notice(s) of contest. 5. The employer agrees to immediately post a copy of this Settlement Agreement in a prominent place at or near the location of the violation(s) referred to in paragraph 3 above. This Settlement Agreement must remain posted until the violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer. 6. The employer agrees to continue to comply with the applicable provisions of the Occupational Safety and Health Act of 1970, and the applicable safety and health standards promulgated pursuant to the Act and to provide training for supervisors and/or other key personnel concerning citation item requirements. 7. It is agreed OSHA will be allowed access to verify abatement of items and issues covered by this settlement agreement. 8. The employer has provided evidence of abatement or states that the conditions described in the citation(s) have been abated. None of the foregoing agreements, statements, stipulations, and actions taken by Employer shall be deemed an admission by Employer of the allegations) contained within the citation(s) and/or notification(s) of penalty. The agreements, statements, stipulations, findings, and actions taken herein are made for the purpose of settling this matter economically and amicably, and they shall not be used for any other purpose except for proceedings and matters brought by the United States Government. 7 DEAN WI GO bAtE Area Director ij &:::::" DIY 11® 7 For the Employer DATE 2 NOTICE TO EMPLOYEES The law gives you or your representative the opportunity to object to any abatement date set for a violation if you believe the date to be unreasonable. Any contest to the abatement dates of the citations amended in Paragraph 3 of this Settlement Agreement must be mailed to the U.S. Department of Labor Area Office at Fort Worth Area Office, 8713 Airport Freeway, Suite 302, Fort Worth, TX 761807610, within 15 working days (excluding weekends and Federal Holidays) of the receipt by the Employer of this Settlement Agreement. You or your representative also have the right to object to any of the abatement dates set for violations, which were not amended, provided that the objection is mailed to the office shown above within the 15-working-day period established by the original citation. J SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are ` m3 suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersiIm gned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: 1t Uh C El eC'Eir i G. FEDERAL TAX ID or SOCIALS TY No. ?S- 1415 0152_ Signature of Company Official Printed name of company official signing above: =Pker f Date Signed:_46y Page Intentionally Left Blank 1. 2. 4. 5. 6. 7. 8. 9. 10. I PROPOSED LIST OF SUB -CONTRACTORS Company Name and City Mr. I W.'" V-0 VA Minority Owned Yes or No 0 Nel', El Ml' 11 0 11 0 0 0 0 El 0 ❑ uj 11 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR BID IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO Page Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Public Works Contracting Office Not Later Than TWO BUSINESS DAYS after the close date when bids are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank Page 9 FINAL LIST OF SUB -CONTRACTORS Minority Owned Yes or No n n q j 1 HIS VORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN TWO BUSINESS DAPS AFTER THE CLOSE DATE WHEN BIDS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATI", SO fill S 1111-09-724-DD - CITY HALL ELECTRICAL RENOVATIONS Pase Intentionally Left Blank PAYMENT BOND Paze Intentionally Left Blank I__ STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) BOND #PRF08792053 WINSTON ELECTRIC, L.P. DBA KNOW ALL MEN BY THESE PRESENTS, that ACME ELECTRIC COMPANY (hereinafter called the Principal(s), as Principal(s), and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY (hereinafter called the Surety(s� "%' A WRAW Mly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of HMMFn AND nn / 1 nn--------------Dollars ($ 76 , 200.00 ) 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 28TH day of JULY 92009to CITY OF LUBBOCK, PUBLIC WORKS CONTRACTING OFFICE 1625 13TH STREET, SUITE 204, LUBBOCK, T% 79401 FOR: CITY HALL ELECTRICAL RENOVATIONS and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, 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 the 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 9TH day of SEPTEMBER 2009. WINSTON ELECTRIC, L.P. DBA COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ACME ELECTRIC COMPANY Surety (Company Name) *By: (Title) TODD QUISENBERRY, ATTORNEY —IN —FACT By: ERT BROWN (P ' ted me) ( ignature) PROJECT MANAGER (Title) 4 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates TODD QUISENBERRY an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. COLONIAL AMERICAN CASUALTY AND Surety SURETY COMPANY (Title) TODD QUISENBERRY, ATTORNEY -IN -FACT Approved as to orm: City o ub ck By: g' City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. (_ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND {{ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations ��nreby ryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursu ated by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on certified to be in full force and effect on the date hereof, does hereby nomina Y o' RRY, Susan WILLIAMS and Brent COKER, all of Lubbo and Attorney -in -Fact, to make, execute, seal and deliver, for, and on i ° d any and all bonds and undertakings, EXCEPT bonds on behalf I ec i urvivors and Community Guardians. and the execution of such b ' ese presents, shall be as binding upon said Companies, as fully and amply, to all in t is ad been duly executed and acknowledged by the regularly elected officers of the Company at it a re, Md., in their own proper persons. The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, j Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 20th day of August, A.D. 2004. ATTEST: '�v ocros�� WWt�. SEAL 4 ru Ai{: State of Maryland I ss: Baltimore County FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 20th day of August, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. IR, § Dennis R Hayden Notary Public My Commission Expires: February 15, 2013 IPOA-F 168-0054A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990 and of the Board of Directors of the. COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any 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 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 9TH day of SEPTEMBER 2009 Assistant Secretary Fidelity and Deposit Companies Home Office: 3910 Keswick Road Baltimore, MD 21211 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. S8543f(TX) (08/01) PERFORMANCE BOND Paze Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) BOND #PRF08792053 WINSTON ELECTRIC, L.P. DBA ACME ELECTRIC COMPANY KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY (hereinafter called the Surety(s�jo&ty xa%bby& faly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of HmRED AND 00 / 100------------ Dollars ($ 76,200.00) 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 thO.8TH day of JULY ,2009,to CITY OF LUBBOCK, PUBLIC WORKS CONTRACTING OFFICE 1625 13TH STREET, SUITE 204 LUBBOCK T% 79401 FOR: CITY HALL ELECTRICAL RENOVATIONS 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 the 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 9_TH day of SEPTEMBER , 2009. COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Surety ` B �� y: (Title) TODD QUISENBERRY, ATTORNEY —IN —FACT WINSTON ELECTRIC, L.P. DBA ACME ELECTRIC COMPANY (Company Name) By: T BROWN rinte ame) ( a e) PROJECT MANAGER (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby TODD designates OUjS an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. COLONIAL AMERICAN CASUALTY AND Surety SURETY COMPANY *By.-7c (Title) TODD QUISENBERRY, ATTORNEY -IN --FACT Approved as to Form City of By: -- City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. K Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance ted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on t o reby certified to be in full force and effect on the date hereof, does hereby nomina t' po RRY, Susan WILLIAMS and Brent COKER, all of Lubbo and Attorney -in -Fact, to make, execute, seal and deliver, for, and on it d any and all bonds and undertakings, EXCEPT bonds on behalf I ec i urvivors and Community Guardians. and the execution of such b ® ' ins ese presents, shall be as binding upon said Companies, as fully and amply, to all int is ad been duly executed and acknowledged by the regularly elected officers of the Company at it a re, Md., in their own proper persons. The said Assistant a does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 20th day of August, A.D. 2004. ATTEST: 'gyp OfPpsrl lr��. SEAL State of Maryland I ss: Baltimore County FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Eric D. Barnes Assistant Secretary / nJaGGG By: William J. Mills Vice President On this 20th day of August, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. � _Q11F - OF Dennis R Hayden Notary Public My Commission Expires: February 15, 2013 POA-F 168-0054A CERTIFICATE OF INSURANCE Page Intentionally Left Blank ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/27/2009 IRODUCER 806.793.8773 FAX 806.793.7173 Qui senberry Williams 4601 66th St., Suite B ;Lubbock, TX 79414 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # 'VSURED Winston Electric, L.P. DBA: Acme Electric Company 108 East 82nd Street Lubbock, TX 79404 INSURERA: United Fire Lloyds 43559 INSURERS: Texas Mutual Ins Co INSURER C: INSURER D: INSURER E: RAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING f ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE LTR NSR POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE MM/DDNYYY LIMITS GENERAL LIABILITY 85033747 07/01/2009 07/01/2010 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 100,00( CLAIMS MADE I I OCCUR MED EXP (Any one person) $ 5 , 00 A X X Limits Apply PERSONAL & ADV INJURY $ 1,000,00( Per Project GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROCT LOC JE AUTOMOBILE LIABILITY 8SO33747 07/01/2009 07/01/2010 COMBINED SINGLE LIMIT X ANY AUTO rALL OWNED AUTOS (Ea accident) $ 1,000,000 BODILY INJURY $ SCHEDULED AUTOS A X (Per person) BODILY INJURY $ HIRED AUTOS ttt 1 NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ ` (Per accident) yt GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ I ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY 85033747 07/01/2009 07/01/2010 EACH OCCURRENCE $ 51000,00 X JOCCUR 71 CLAIMS MADE AGGREGATE $ A X $ $ DEDUCTIBLE X RETENTION $ 10,00 $ WORKERS COMPENSATION TSF0010607602 12/28/2008 12/28/2009 X TATU- TH- TORY LIMITS ER AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1, 000 , 00 ANY PROPRIETOR/PARTNER/E ECUTIVE� 3 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) u If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ^oject: City Hall Electrical Renovations 1.1ity of Lubbock, its officers, agents and employees are named as Primary Additional Insureds on eneral Liability, Umbrella Liability policies, with respect to ITB 09-724-DD, Endorsement #CG71S2. _diver of Subrogation in favor of the City of Lubbock on General Liability, Automobile Liability, abrella Liability and Workers' Compensation olicies. ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Fl- I DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Lubbock NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL c/o City of Lubbock Public Works IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Contracting Office REPRESENTATIVES. 162S 13th Street, Suite 204 AUTHORIZED REPRESENTATIVE j Lubbock, TX 79401 Todd Quisenberr /SHERRI ACORD 25 (2009/01) 01988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. a AGDRD 25 (2009/01) CG 71 52 05 06 ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. • Coverage for non -owned watercraft is extended to 51 feet in length • Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate • Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $500 Deductible • Product Recall Expenses $25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible • Water Damage Legal Liability - $25,000 • Increase in Supplementary Payments: Bail Bonds to $1,000 and Loss of Earnings to $500 • For newly formed or acquired organizations - extend the reporting requirement to 180 days • Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You • Automatic Additional Insured - Vendors Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You Automatic Additional Insured - Managers or Lessor of Premises Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Additional Insured - Employee Injury to Another Employee Primary Additional Insured Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage Automatically included - Aggregate Limits of Insurance (per location) Automatically included - Aggregate Limits of Insurance (per project) Knowledge of occurrence - Knowledge of an 'occurrence", "claim" or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancelation or non -renewal. Liberalization Condition Mobile equipment to include snow renewal, road maintenance and street cleaning equipment less than 1,000 Ibs GVW Blanket Waiver of Subrogation Property Damage - Borrowed Equipment Property Damage Liability - Elevators Bodily Injury Redefined Extended Property Damage Damage to Media Legal Liability - $50,000 REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 15 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 15 I__A; CG 71 52 05 06 I' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY The Following changes are made to 2. Exclusions: Extended Property Damage Exclusion 2.a., Expected or Intended Injury is replaced with the following: a. 'Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Extended Watercraft Coverage Exclusion g.(2) is deleted and replaced by the following: g.(2) A watercraft you do not own that is: (a) Less than 51 feet long; (b) Not being used to carry persons or property for a charge; Property Damage Liability - Borrowed Equipment The following is added to Exclusion j.: Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. Property Damage Liability - Elevators The following is added to Exclusion j.: Under paragraph 2. Exclusions of Coverage A. 'Bodily Injury" and "Property Damage" Liability Paragraphs 3, 4 & 6 of this exclusion do not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 15 CG 71 52 05 06 1 " The last paragraph of Item 2. Exclusions is deleted and replaced by the following: Exclusions c, through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. THE FOLLOWING COVERAGES ARE ADDED: Voluntary Property Damage Coverage The insurance provided under Coverage A (Section 1) is amended to include "property damage" to property of others caused by the insured: a. While in your possession; or b. Arising out of "your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: 1. Exclusion j. Damage to Property under Coverage A (Section 1) is deleted and replaced by the following: j. Damage to Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. Care, Custody and Control Property Damage Coverage For the purpose of this Care, Custody and Control Property Damage Coverage only: 1. Item (4) of Exclusion j. of Coverage A (Section 1) does not apply. COVERAGE M. DAMAGE TO MEDIA LEGAL LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of damage to "electronic data" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "electronic data" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit' that may result. But: CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 15 CG 71 52 05 06 I " (1) The amount we will pay for damages is limited to $50,000. (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this coverage or any other applicable coverage or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to damages to "electronic data" only if: (1) The damage to "electronic data" is caused by an `occurrence" that takes place in the "coverage territory"; (2) The damage to "electronic data" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the damage to "electronic data" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the damage to "electronic data" occurred, then any continuation, change or resumption of such damage to "electronic data" during or after the policy period will deemed to have been known prior to the policy period. c. Damage to "electronic data" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section 11 - Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim, includes any continuation, change or resumption of that damage to "electronic data" after the end of the policy period. d. Damage to "electronic data" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1 of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the damage to "electronic data" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the damage to "electronic data'; or (3) Becomes aware by any other means that damage to "electronic data" has occurred or has begun to occur. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury Damage to "electronic data" expected or intended from the standpoint of the insured. b. Contractual Liability Damage to "electronic data" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 15 CG 71 52 05 06 c. Pollution Damage to "electronic data" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". d. Aircraft, Auto, Watercraft or Mobile Equipment Damage to "electronic data" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition or stunting activity. e. War Damage to "electronic data" however caused, arising directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. f. Damage To Property Damage to "electronic data" that is: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Property loaned to you; (3) Personal property in the care, custody or control of the insured; (4) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (5) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. g. Damage To Your Product Damage to "electronic data" in "your product" or arising out of it or any part of it. h. Damage To Your Work Damage to "electronic data" in "your work" arising out of it or any part of it and included in the "products - completed operations hazard". CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 15 t._ CG 71 52 05 06 I. Damage To Impaired Property Or Property Not Physically Injured Damage to "electronic data" in "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. j. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work'; or (3) "Impaired property'; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. k. Personal And Advertising Injury Damage to "electronic data" arising out of "personal and advertising injury". COVERAGE R. PRODUCT RECALL EXPENSE 1. Insuring Agreement a. We will pay 90% of "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. b. We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 15 CG 71 52 05 06 d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. - f. `Bodily injury" or "property damage". g. Failure of "your product' to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. I. Legal fees or expenses. j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of 'your product'. k. "Product recall expense" arising from the "product recall' of any of `your products" for which coverage is excluded by endorsement. COVERAGE W -WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage W (Section 1) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS; and Items 1.b. and 1.d are amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. SECTION 11 - BROAD FORM NAMED INSURED 1. Section 11 — Who Is An Insured is amended to include as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. �- 2. For the purpose of the coverage provided by this provision only, the following is added to Condition 4.b. Excess Insurance, under Section IV - Commercial General Liability Conditions: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock. 3. This provision does not apply to a policy written to apply specifically in excess of this policy. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 15 CG 71 52 05 06 _n Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. I_ The following are added: 5. Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 6. Additional Insured - Vendors Any person or organization (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products", which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the (' products; L (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 15 CG 71 52 05 06 (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part of container, entering into, accompanying or containing such products. 7. Additional Insured - Lessor of Leased Equipment - Automatic Status When Required in Lease Agreement With You a. Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured, but only with respect to your liability arising out of the maintenance, operation or use of such leased equipment, which may be imputed to that person or organization as the lessor of equipment. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: (1) To any "occurrence" which takes place; (2) To "bodily injury" or "property damage" arising out of the sole negligence of such person or organization. 8. Additional Insured - Managers or Lessors of Premises Any person or organization, but only with respect to the liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to any: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any person or organization. 9. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Coverage is provided only when the insured is contractually required to add the engineer, architect or surveyor. Coverage is provided with respect to your liability for "bodily injury" or "property damage" or "personal and advertising injury" directly arising out of: a. Your acts or omissions; or b. Your acts or omissions of those acting on your behalf; In the performance of your ongoing operations for that additional insured(s). 10. Additional Insured - Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of this section is amended to read: CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 15 CG 71 52 05 06 1 (1) "Bodily injury" or "personal and advertising injury" a. To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or c. Arising out of his or her providing or failing to provide professional health care services. Paragraph 3.a. is deleted. For the purpose of this Item 10 only, a position is deemed to be supervisory in nature if that person performs principal work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. 11. Primary Additional Insured A. Commercial General Liability Conditions (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the following: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insurance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work'; (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3 That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (4) If the loss arises out of the maintenance or use of aircraft, "autos", or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury and Property Damage Liability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 15 CG 71 52 05 06 When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other insurance" has a duty to defend the insured against that "suit". If no provider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insurance provision. c. Method of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all providers of insurance. B. For the purposes of this insurance coverage provided by this Item 11 only, the following definition is added to DEFINITIONS (Section V): "Other Insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non -cumulation of Each Occurrence Limit section of Paragraph 5 LIMITS OF INSURANCE (Section III) or the Non -cumulation of Personal and Advertising Injury limits sections of Paragraph 4 of LIMITS OF INSURANCE (Section III) applies; (3) Any risk retention group; (4) Any self-insurance method or program, other than any funded by you and over which the Coverage Part applies; or (5) Any similar risk transfer or risk management method. b. Does not include umbrella insurance, or excess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 15 CG 71 52 05 06 ISECTION III - LIMITS OF INSURANCE Items 2, 3, and 6 are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard'; c. Damages under Coverage B; and d. Damages under Coverage W. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage R. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. The following are added: 8. Subject to 5. above, $25,000 is the most we will pay for Under Coverage W for Water Damage Legal Liability. 9. Coverage R - Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 15 CG 71 52 05 06 12. Subject to 5. above, a $5,000 'occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Voluntary Property Damage Coverage. 13. Subject to 5. above, a $25,000 'occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one 'occurrence" regardless of the number of persons or organizations who sustain damages because of that 'occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered 'occurrences" during one policy period. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Condition 2., Items a. and b. are deleted and replaced by the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. Knowledge of an 'occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the 'occurrence" took place; (2) The names and addresses of any injured persons and witnesses, and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. b. If a claim is made or "suit' is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit' as soon as practicable. Knowledge of a claim or "suit' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. Condition 2.c.(5) is added: (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 15 CG 71 52 05 06 Conditions 10., 11. and 12. are added: 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. 11. If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. The following conditions are added in regard to Coverage R - Product Recall Expense In event of a "product recall', you must 1. See to it that we are notified as soon as practicable of a "product recall'. To the extent possible, notice should include how, when and where the "product recall' took place and estimated "product recall expense". 2. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. 3. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. 4. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. 5. Cooperate with us in the investigation or settlement of any claim. 6. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. SECTION V - DEFINITIONS At Item 12. Mobile Equipment the wording at f.(1) is deleted and replaced by the following: f.(1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; except for such vehicles that have a gross vehicle weight less than 1000 Ibs which are not designed for highway use. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 14 of 15 CG 71 52 05 06 The following definitions are added for this endorsement only: 3. Bodily Injury Redefined. Under V - Definitions, definition 3. is deleted and replaced with the following: 3. "bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall' means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of 'your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and (2) Such determination requires you to recover possession or control of 'your product' from any distributor, purchaser or user, to repair or replace 'your product', but only if 'your product' is unfit for use or consumption, or is hazardous as a result of: (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of 'your product; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of 'your product' by someone other than you. 25. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products. (6) Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expenses incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall'. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 15 of 15 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 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 (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this 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: (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; 1 (F) 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. Page Intentionally Left Blank \ CONTRACT Page Intentionally Left Blank CONTRACT #8930 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28th day of July 2009, 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 ACME ELECTRIC of the City of Lubbock, County of Lubbock,and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # ITB-09-724-DD - CITY HALL SYSTEMS REPAIR 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 Conditions of Agreement. Acme Electric's bid dated July 7, 2009 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: y4 1y16 el-ee- i c By: PRINTED NAME: TITLE:�- COMPLETE ADDRESS: Company ACNE el.&tT/ti Address / O Y ey4ff t ?-, City, State, Zip_"15OC.0 D y ATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER): By: �d MAY R ATTEST: City SecVetary , \ APPROVED AS TO CONTENT: v Owner's Representative Direc or APP AS O FORM: City Attorney Pate Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Pate Intentionally Left Blank 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 ACME ELECTRIC who has agreed to perform the work embraced in this contract, or their legal representative. 1_ 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 WESLEY D. EVERETT, FACILITIES DIRECTOR, 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 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 Certificates, 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 "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," 'Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 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. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 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 otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any. other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress 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. 13. LINES AND GRADES All lines and grades shall be furnished 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 t l 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._] I' t_ I 1_ _ 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY - Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative 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) 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. 11 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within 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. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE [ The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in 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. 17. 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. 3 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. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall 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. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all 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 time 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 1 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 r I 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 4 t 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. 22. 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 unsuitable 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. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or 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. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the 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, tracks, 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 a 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." 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 waived. 25. 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 If Contractor does Representative these plans and specifications. not notify Owner's 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. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of i� 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. 27. 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 times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and t 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, related 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, 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. 28.: 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 payor'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 ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LU13BOCK AS A PRIMARY 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. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of 50$ 0,00o Combined Single Limit in the aggregate and per occurrence to include: Products. & Completed Operations Hazard Contractual Liability B. Owner's and Contractor's Protective Liability Insurance- NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance- NOT REQUIRED E. Umbrella Liability Insurance- NOT REQUIRED F. 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. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. I Persons providing services on the project ("subcontractor" in Section 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 limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 8 ..i 4. 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. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; �. and (2) a new certificate of coverage showing extension of 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; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; G (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. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation 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 receipt 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 insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the jab specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; 10 (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) 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; (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 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.usl 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 11 1� t 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; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES 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, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, 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 claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of 1 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 paid, r I discharged or waived. 12_ i I_ _z 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 limiting, 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 harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, [_ agents and employees harmless from any loss on account thereof. Notwithstanding anything 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 gives written notice of such infringement to the Owner's Representative prior to bidding. 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 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 . 13 and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. r- 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. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute 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 contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its 4' 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) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar 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. 37. HINDRANCE AND DELAYS 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 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 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. 14 LJ 38. OUANTITIES 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 estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. 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. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and 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 employees, 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 In consideration ofthe 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. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment 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 15 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. 43. 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. 44. FINAL COMPLETION AND PAYMENT 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 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 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 implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and 1 Contractor shall 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 workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. [_1 46. 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 16 ` 1 i_s (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 withheld, payment shall be made for amounts withheld because of them. 47. 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 instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition 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 within 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 final 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. 48. 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) 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 17 (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion 1_ 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 his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, 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, equipment, tools, materials, or supplies that remain 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 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 available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for 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. The Contractor is 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 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 ;1 18 be submitted 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 furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 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 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. 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, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work 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. 55. 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 19 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. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. �j t 20 DAVIS BACON WAGE DETERMINATIONS r Slip Form Machine operator ..... $ 13.64 0.00 Tractor operator, Pneumatic .... $ 12.00 0.00 Traveling Mixer Operator ....... $ 12.00 0.00 Truck driver, lowboy -Float ..... $ 12.67 0.00 Truck driver, Single Axle, Heavy ..........................$ 8.50 0.00 Truck driver, Single Axle, Light ..........................$ 8.08 0.00 Truck Driver, Tandem Axle, Semi -Trailer ...................$ 8.66 0.00 Welder .........................$ 15.25 0.00 Work Zone Barricade Servicer... -------------------------------------------------------------- $ 8.28 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . ------------------------------------------------------------ In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 2 ! 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 3 EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 4 SPECIFICATIONS Paae Intentionally Left Blank 9 Division Section Title Pages DIVISION 16 - ELECTRICAL 16000 ........ GENERAL PROVISIONS FOR ELECTRICAL.......................................................................... 16010 ........ MINOR ELECTRICAL DEMOLITION FOR REMODELING ................................................... 16060 ........ GROUNDING AND BONDING.................................................................................................. 16073 ........ HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS ................................................. 16075 ........ ELECTRICAL IDENTIFICATION.............................................................................................. 16120........ CONDUCTORS AND CABLES.................................................................................................. 16130 ........ RACEWAYS AND BOXES......................................................................................................... 16441........ SWITCHBOARDS........................................................................................................................ 16442 ........ PANELBOARDS.......................................................................................................................... 16461 ........ LOW -VOLTAGE TRANSFORMERS......................................................................................... 16491 ........ FUSES........................................................................................................................................... END OF TABLE OF CONTENTS :�,oVM11 1ti. .�.. g QoBeiy D. L,-rT'L_E 0. v 10 2 5 6 6 7 7 8 8 5 4 it SECTION 16000 - GENERAL PROVISIONS FOR ELECTRICAL PART 1- GENERAL 1.1 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to the work of this Section. 1.2 ELECTRICAL LINES: A. General: In general, the electrical lines to be installed under these Specifications shall be run as indicated, as specified herein, as required by particular conditions at the site, and as required to conform to the generally accepted standards as to complete the work in a neat and satisfactorily workable manner. The following is a general outline concerning the running of electrical lines and is to be excepted where the drawings or conditions at the building necessitate deviating from these standards. B. General Construction: The Contractor shall thoroughly acquaint himself with the details of the construction and finishes before submitting his bid as no allowances will be made because of the Contractor's unfamiliarity with these details. Place all inserts in masonry wails while they are under construction. All concealed lines shall be installed as required by the pace of the general construction to precede that general construction. C. Field Conditions: The electrical Drawings do not give exact details as to elevations of electrical lines, exact locations, etc., and do not show all the offsets, and other installation details. The Contractor shall carefully lay out his work at the site to conform to the architectural and structural conditions, to avoid all obstruction, to conform to details of installation supplied by the manufacturers of the equipment to be installed, and thereby to provide an integrated, satisfactorily operating installation. D. Locations of Electrical Devices: The electrical Drawings show diagrammatically the locations of the various electrical outlets and apparatus and the method of circuiting and controlling them. Exact locations of these outlets and apparatus , shall be determined by reference to the general Drawings and to all detail drawings, equipment drawings, roughing -in drawings, etc., by measurements at the building, and in cooperation with other sections, and in all cases shall be subject to the approval of the Architect. The Architect reserves the right to make any reasonable change in location. of any outlet or apparatus before installation (within 10 feet of location shown on drawings) or after installation if an obvious conflict exists, without additional cost to the Owner. , GENERAL PROVISIONS FOR ELECTRICAL 16000 - 1 E. Space Requirements: The Contractor shall be responsible for the proper fitting of his material and apparatus into the space. Should the particular equipment that any bidder proposes to install require other space conditions than those indicated on the drawings, he shall arrange for such space with the Architect 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. F. Working Drawings: The Contractor shall submit scale working drawings of all his apparatus and equipment which in any way varies from these Specifications and Drawings. The Architect shall check these variations from the Specifications and Drawings before the work is started. Before the work proceeds, the contractor shall correct any interference with the structural conditions. G. Order of Precedence: Order of precedence shall be observed in laying -out the conduit in order to fit the material into the space above the ceiling and in the chases and walls. The installation shall be coordinated with the work of all other trades. The following order shall govern: 1. Items affecting the visual appearance of the inside of the building such as lighting fixtures, outlets, panelboards, etc. Coordinate all items to avoid conflicts at the site. 2. Lines requiring grade to function such as sewers. Large ducts and pipes with critical clearances. 4. Conduit, water lines, and other lines whose routing is not critical and whose function bends and offsets would not impair. H. Equipment Connections: Conduits serving outlets on items of equipment shall be run in the most appropriate manner. Where the equipment has built-in chases, the lines shall be contained therein. Where the equipment is of the open type, the lines shall be run as close as possible to the underside of the top and in a neat and inconspicuous manner. I. Exceptions and Inconsistencies: Exceptions and inconsistencies in Drawings and Specifications shall be brought to the Architect's attention before the contract is signed. Otherwise, the Contractor shall be responsible for any and all changes and additions that may be necessary to accommodate his particular apparatus, material, or equipment. Intent of Drawings and Specifications: The Contractor shall distinctly understand that the work described herein and shown on the accompanying drawings shall result in a finished and working job, and any item required to accomplish this intent shall be included whether specifically mentioned or not. K. Examination of Drawings and Specifications: Each bidder shall examine the Drawings and Specifications for the General Construction. If these documents __ GENERAL PROVISIONS FOR ELECTRICAL 16000 - 2 1.3 1.4 1.5 1.6 1.7 show any item requiring work under Division 16 and that work is not indicated on the respective Electrical drawings, he shall notify the Architect in sufficient time to clarify before bidding. If no notification is received, the Contractor is assumed to require no clarification, and shall install the work as indicated on the General Drawings in accordance with the Specifications. DIMENSIONS: A. General: Before ordering any material or doing any work, the Contractor shall verify all dimensions, including elevations, and shall be responsible for the correctness of the same. No extra charge or compensation will be allowed on account of differences between actual dimensions and measurements indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration before proceeding with the work. INSPECTION OF SITE: A. General: The accompanying Drawings do not indicate completely the existing electrical installations. The bidders for the work under these sections of the Specifications shall inspect the existing installations and thoroughly acquaint themselves with conditions to be met and the work to be accomplished in removing and modifying the existing work, and in installing the new work in the present building and underground serving to and from that structure. Failure to comply with this shall not constitute grounds for any additional payments in connection with removing or modifying any part of the existing installations and/or installing any new work. ELECTRICAL WIRING: A. Description: All electric wiring of every character, both for power supply, for pilot and control, for temperature control, for communications, etc. will be done under Division 16 of these Specifications. Every electrical current consuming device furnished as a part of this project, or furnished by the Owner and installed in this project, shall be completely wired up under Division 16. Verification of exact location, method of connection, number and size of wires required, voltage requirements, and phase requirements is the responsibility of the Contractor under Division 16. If conflicts occur between the drawings and the actual requirements, actual requirements shall govern. PROGRESS OF WORK: A. General: The Contractor shall keep himself fully informed as to the progress of the work and do his work at the proper time without waiting for notification from the Architect or Owner. MANUFACTURER'S DIRECTIONS: A. General: All manufactured articles shall be applied, installed and handled as recommended by the manufacturer. GENERAL PROVISIONS FOR ELECTRICAL 16000 - 3 1.8 MATERIALS AND WORKMANSHIP: A. Materials: All materials shall be new unless otherwise specified and of the quality specified. Materials shall be free from defects and undamaged. All materials of a type for which the Underwriters Laboratories, Inc. have established a standard shall be listed by the Underwriters Laboratories, Inc. and shall bear their label. B. Samples: The Architect reserves the right to call for samples of any item of material offered in substitution, together with a sample of the specified material, when, in the Architect's opinion, the quality of the material and/or the appearance is involved and it is deemed that an evaluation of the two materials may be better made by visual inspection. This shall be limited to lighting fixtures, wiring devices, and similar items and shall not be applicable to major manufacturers' items of equipment. C. Transportation: The Contractor shall be responsible for transportation of his materials to and on the job, and shall be responsible for the storage and protection of these materials and work until the final acceptance of the job. D. Appurtenances: The Contractor shall furnish all necessary scaffolding, tackle, tools and appurtenances of all kinds, and all labor required for the safe and expeditious execution of his contract. E. Workmanship: The workmanship shall in all respects be of the highest grade and all construction shall be done according to the best practice of the trade. 1.9 PROTECTION OF APPARATUS: A. General: The Contractor shall at all times take such precautions as may be necessary to properly protect his new apparatus from damage. This shall include the erection of all required temporary shelters to adequately protect any apparatus stored in the open on the site, the cribbing of any apparatus above the floor of the construction, and the covering of apparatus in the uncompleted building with tarpaulins or other protective covering. Failure on the part of the Contractor to comply with the above to the entire satisfaction of the Architect will be sufficient cause for the rejection of the pieces of apparatus in question. 1.10 PERMITS, FEE, ETC.: A. General: The Contractor under each section of these Specifications shall arrange for a permit from the local authority. The Contractor shall arrange for all utility services, including electric services. If any charges are made by any of the utility companies due to the work on this project, the Contractor shall pay these charges, including charges for metering, connection, street cutting, etc. The Contractor shall pay for any inspection fees or other fees and charges required by ordinance, law, codes and these Specifications. 1.11 TESTING: GENERAL PROVISIONS FOR ELECTRICAL 16000 - 4 A. General: The Contractor under each division shall at his own expense perform the various tests as specified and required by the Architect and as required by the State and local authorities. The Contractor shall furnish all fuel and materials necessary for making tests. 1.12 LAWS, CODES AND ORDINANCES: A. General: All work shall be executed in strict accordance with all local, state and national codes, ordinances and regulations governing the particular class of work involved, as interpreted by the inspecting authority. The Contractor shall be responsible for the final execution of the work under this heading to suit those requirements. Where these Specifications and the accompanying drawings conflict with these requirements, the Contractor shall report the matter to the Architect, shall prepare any supplemental drawings required illustrating how the work may be installed so as to comply and, on approval, make the changes at no cost to the Owner. On completion of the various portions of the work the installation shall be tested by the constituted authorities, approved and, on completion of the work, the Contractor shall obtain and deliver to the Owner a final certificate of acceptance. 1.13 TERMINOLOGY: A. "Furnish, Provide, Install": Whenever the words "furnish", "provide", "furnish and install," "provide and install', and/or similar phrases occur, it is the intent that the materials and equipment described be furnished, installed and connected under this Division of the Specifications, complete for operation unless specifically noted to the contrary. B. Materials: Where a material is described in detail, listed by catalogue number or otherwise called for, it shall be the Contractor's responsibility to furnish and, install the material. C. "Shall": The use of the word "shall" conveys a mandatory condition to the contract. D. "Section": "This section" always refers to the section in which the statement occurs. E. "Project": "The project" includes all work in progress during the construction period. F. Multiple Items: In describing the various items of equipment, in general, each item will be described singularly, even though there may be a multiplicity of identical or similar items. 1.14 COOPERATION: A. General: The contractor for the work under each section of these Specifications shall coordinate his work with the work described in all other sections of the GENERAL PROVISIONS FOR ELECTRICAL 16000 - 5 Specifications to the end that, as a whole, the job shall be a finished one of its kind, and shall carry on his work in such a manner that none of the work under any section of these Specifications shall be handicapped, hindered or delayed at any time. 1.15 COORDINATION OF TRADES: A. General: The Contractor shall be responsible for resolving all coordination required between trades. For example, items furnished under Division 15 which require electrical connections shall be coordinated with Division 16 for: 1. Voltage 2. Phase 3. Ampacity 4. No. and size of wires 5. Wiring diagrams 6. Starter size, details and location 7. Control devices and details B. Ceiling Mounted Items: Items installed in/on finished ceilings shall be coordinated with the ceiling construction. The Contractor under each section shall conform to the reflected ceiling plan and shall secure details and/or samples of the ceiling materials as necessary to insure compatibility. Any device not conforming to this requirement shall be replaced by the Contractor at his expense. C. Electrical Items: All items specified under Divisions 16 shall be installed tight, plumb, level, square and symmetrically placed in relation to the work of other trades. 1.16 CUTTING AND PATCHING: A. General: The Contractor for work specified under each section shall perform all structural and general construction modifications and cut all openings through either roof, walls, floors or ceilings required to install all work specified under that section or to repair any defects that appear up to the expiration of the guarantee. All of this cutting shall be done under the supervision of the Architect and the Contractor shall exercise due diligence to avoid cutting openings larger than required or in wrong locations. B. Structural Members: No cutting shall be done to any of the structural members that would tend to lessen their strength, unless specific permission is granted by the Architect to do such cutting. GENERAL PROVISIONS FOR ELECTRICAL 16000 - 6 C. Patching: The Contractor for work under each section shall be responsible for the patching of all openings cut to install the work covered by that section and to repair the damage resulting from the failure of any part of the work installed hereunder. D. Coordination: Before bidding, the Contractor shall review and coordinate the cutting and patching required with all trades. E. Existing Surfaces: In all spaces where new work under Division 16 is installed and no other alteration or refinishing work is shown or called for, existing floors, walls and ceilings shall be restored to match existing conditions. Workmen skilled in the affected trade shall do all cutting and patching. F. Masonry Walls: Where openings are cut through masonry walls, the Contractor under each respective section shall provide and install lintels or other structural supports to protect the remaining masonry and adequate support shall be provided during the cutting operation to prevent any damage to the masonry occasioned by the operation. All structural members, supports, etc. shall be of the size, shape, and installed as directed by the Architect. 1.17 PAINTING: A. General: Painting for Division 16 shall be as follows: If the factory finish on any apparatus or equipment is marred, it shall be touched up and then given one coat of half -flat -half -enamel, followed by a coat of machinery enamel of a color to match the original. Paint factory primed surfaces. 2. Paint all exposed conduit, boxes, cabinets, hangers and supports, and miscellaneous metal. Generally, painting is required on all surfaces such that no exposed bare metal is visible. 1.18 LARGE APPARATUS: A. General: Any large piece of apparatus which is to be installed in any space in the building, and which is too large to permit access through windows, doorways or shafts, shall be brought to the job by the Contractor involved and placed in the space before the enclosing structure is completed. 1.19 RELOCATION OF EXISTING INSTALLATIONS: A. General: There are portions of the existing electrical System that shall remain in use to serve the finished building in conjunction with the indicated new installations. By actual examination at the site, each bidder shall determine those portions of the remaining present installations, which must be relocated to avoid interference with the installations of new work of his particular trade and that of GENERAL PROVISIONS FOR ELECTRICAL 16000 - 7 M. Provide three 100-W incandescent lamps per 500 sq. ft. (45 sq. m), uniformly distributed, for general lighting, or equivalent illumination. N. Install exterior -yard site lighting that will provide adequate illumination for construction operations, traffic conditions, and signage visibility when the work is being performed. 1.23 The contractor warrants that product(s) delivered and installed under this contract shall be able to accurately process valid date data when used in accordance with the product documentation provided by the contractor and require no extraordinary actions on the part of the Owner or its personnel. Products under this Contract possess general integrity, date integrity, explicit and implicit century capabilities. If the Contract requires that specific products must perform as a system in accordance with the foregoing warranty, then the warranty shall apply to those listed products as a system. The duration of this warranty and the remedies available the Owner for breach of this warranty shall be as defined in, and subject to, the terms and conditions contained in this Contract; provided, that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the Owner under this warranty shall include repair or replacement of any supplied product whose non-compliance is discovered and made known to the contractor in writing within one year after final acceptance, as that term is defined elsewhere in the contract. Nothing in this warranty shall be considered to limit any rights or remedies the Owner may otherwise have under this contract with respect to defects other than Year 2000 performance. END OF SECTION GENERAL PROVISIONS FOR ELECTRICAL 16000 - 10 SECTION 16010 - MINOR ELECTRICAL DEMOLITION FOR REMODELING PART 1-GENERAL 1.1 RELATED DOCUMENTS A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. PART2-PRODUCTS 2.1 MATERIALS AND EQUIPMENT A. Materials and equipment for patching and extending work: As specified in individual Sections. PART 3 - EXECUTION 3.1 EXAMINATION A. Field Measurements: Verify field measurements and circuiting arrangements are as shown on Drawings. B. Abandoned Circuits: Verify that abandoned wiring and equipment serve only abandoned facilities. f C. Field Conditions: Demolition Drawings are based on casual field observation and existing record documents. Report discrepancies to Owner and Architect/Engineer before disturbing existing installation. D. Existing Conditions: Beginning of demolition means installer accepts existing conditions. - 3.2 REPARATION A. Demolition: Disconnect electrical systems in walls, floors, and ceilings scheduled for removal. B. Utility Coordination: Coordinate utility service outages with Utility Company. C. Temporary Wiring: Provide temporary wiring and connections to maintain existing systems in service during construction. When work must be performed on energized equipment or circuits, use personnel experienced in such operations. D. Existing Electrical Service: Maintain existing system in service until new system is complete and ready for service. Disable system only to make switchovers and connections. Obtain permission from Owner at least 72 hours before partially or completely disabling system. Minimize outage duration. Make` temporary connections to maintain service in areas adjacent to work area. r� l MINOR ELECTRICAL DEMOLITION FOR REMODELING 16010- 1 all other trades. All such existing installations that interfere with new installations shall be relocated by the Contractor under the Division in which the existing material normally belongs, and in a manner as directed by the Architect. For example where existing conduit and electrical equipment interferes with the installation of new work; it shall be relocated under Division 16. Failure to become familiar with the extent of the relocation work involved shall not relieve the Contractor of responsibility and shall not be used as a basis for additional compensation. 1.20 INSTALLATION DRAWINGS: A. General: It shall be incumbent upon the Contractor to prepare special drawings as called for elsewhere herein or as directed by the Architect to coordinate the work under each section, to illustrate changes in his work, to facilitate its concealment in finished spaces to avoid obstructions or to illustrate the adaptability of any item of equipment which he proposes to use. These drawings shall be used in the field for the actual installation of the work. Unless otherwise directed, they shall not be submitted for approval but three copies shall be provided to the Architect for his information. 1.21 ROUGH -IN AND MAKE FINAL CONNECTION FOR EQUIPMENT: A. General: The shop drawings for all equipment are hereby made a part of these Specifications. The Contractor under each section of the Specifications shall rough -in for the exact item to be furnished on the job, whether in another section of the Specifications or by the Owner. The Contractor shall refer to all drawings and other sections of the Specifications for the scope of work involved for the new equipment, and by actual site examination determine the scope of the required equipment connections for the Owner furnished equipment. B. Discrepancies: Should any of the equipment furnished require connections of a nature different from that shown on the drawings, report the matter to the Architect and finally connect as directed by the Architect. Minor differences in the equipment furnished and that indicated on the drawings will not constitute ground for additional payment to the Contractor. 1.22 TEMPORARY POWER AND LIGHTING A. General: Engage the appropriate local utility company to install temporary service. Where company provides only part of the service, provide the remainder with matching, compatible materials and equipment. Comply with company recommendations. B. Arrange with company and existing users for a time when service can be interrupted, if necessary, to make connections for temporary services. C. Provide adequate capacity at each stage of construction. Prior to temporary utility availability, provide trucked -in services. GENERAL PROVISIONS FOR ELECTRICAL 16000 - 8 D. Obtain easements to bring temporary utilities to the site where the Owner's easements cannot be used for that purpose. E. Use Charges: Cost or use charges for temporary facilities are not chargeable to the Owner or Architect. Neither the Owner nor Architect will accept cost or use charges as a basis of claims for Change Orders. F. Temporary Electric Power Service: Provide weatherproof, grounded electric power service and distribution system of sufficient size, capacity, and power characteristics during construction period. Include meters, transformers, overload -protected disconnects, automatic ground -fault interrupters, and main distribution switch gear. All temporary power for construction will be provided by Contractor. Owner will pay bills when submitted for payment. G. Install electric power service underground, except where overhead service must be used. H. Power Distribution System: Install wiring overhead and rise vertically where least exposed to damage. Where permitted, power wiring circuits not exceeding 125 Volts, ac 20 Ampere rating, and lighting circuits may be nonmetallic sheathed cable where overhead and exposed for surveillance. All circuits must be ground -fault circuit interrupter protected. Electrical Outlets: Provide properly configured, NEMA-polarized outlets to prevent insertion of 110- to 120-Volt plugs into higher voltage outlets. Provide receptacle outlets equipped with ground -fault circuit interrupters, reset button, and pilot light for connection of power tools and equipment. Provide four gang outlets, spaced so 100 foot cords can reach any areas. Provide separate 120 VAC, 20 amp GFCI circuit for each four gang outlet. J. Electrical Power Cords: Provide grounded extension cords. Use hard -service cords where exposed to abrasion and traffic. Provide waterproof connectors to connect separate lengths of electric cords if single lengths will not reach areas where construction activities are in progress. Do not exceed safe length -voltage ratio. K. Temporary Lighting: When overhead floor or roof deck has been installed, provide temporary lighting with local switching: 1. Install and operate temporary lighting that will fulfill security and protection requirements without operating the entire system. Provide temporary lighting that will provide adequate illumination for construction operations and traffic conditions. J L. Lamps and Light Fixtures: Provide general service incandescent lamps of wattage required for adequate illumination. Provide guard cages or tempered- t glass enclosures where exposed to breakage. Provide exterior fixtures where _ exposed to moisture. GENERAL PROVISIONS FOR ELECTRICAL 15000 - 9 3.3 DEMOLITION AND EXTENSION OF EXISTING ELECTRICAL WORK A. General: Demolish and extend existing electrical work under provisions of the Drawings, General Provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections. B. New Construction: Remove, relocate, and extend existing installations to accommodate new construction. C. Abandoned Wiring: Remove abandoned wiring to source of supply. D. Exposed Conduit: Remove exposed abandoned conduit, including abandoned conduit above accessible ceiling finishes. Cut conduit flush with walls and floors, and patch surfaces. E. Abandoned Devices: Disconnect abandoned outlets and remove devices. Remove abandoned outlets if conduit servicing them is abandoned and removed. Provide blank cover for abandoned outlets, which are not removed. F. Abandoned Panelboards: Disconnect and remove abandoned panelboards and distribution equipment. G. Abandoned Equipment: Disconnect and remove electrical devices and equipment serving utilization equipment that has been removed. H. Adjacent Construction: Repair adjacent construction and finishes damaged during demolition and extension work. I. Existing wiring to remain active: Maintain access to existing electrical installations, which remain active. Modify installation or provide access panel as appropriate. J. Extension of existing wiring: Extend existing installations using materials and methods compatible with existing electrical installations, as specified. 3.4 CLEANING AND REPAIR A. Existing Materials: Clean and repair existing materials and equipment that remain or are to be reused. B. Panelboards: Clean exposed surfaces and check tightness of electrical connections. Replace damaged circuit breakers and provide closure plates for vacant positions. Provide typed circuit directory showing revised circuiting arrangement. 3.5 INSTALLATION A. Relocated Materials: Install relocated materials and equipment under the provisions of Division 1 of the Specifications. END OF SECTION 16010 MINOR ELECTRICAL DEMOLITION FOR REMODELING 16010- 2 SECTION 16060 - GROUNDING AND BONDING PARTI- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Other Informational Submittals: Plans showing dimensioned as -built locations of grounding features specified in Part 3 "Field Quality Control" Article, including the following: 1. Ground rods. 2. Ground rings. 3. Grounding arrangements and connections for separately derived systems. 4. Grounding for sensitive electronic equipment. C. Qualification Data: For testing agency and testing agency's field supervisor. D. Field quality -control test reports. E. Operation and Maintenance Data: For grounding to include the following in emergency, operation, and maintenance manuals: 1. Instructions for periodic testing and inspection of grounding features at ground rings grounding connections for separately derived systems based on NETA MTS. a. Tests shall be to determine if ground resistance or impedance values remain within specified maximums, and instructions shall recommend corrective action if they do not. b. Include recommended testing intervals. 1.3 QUALITY ASSURANCE i A. Testing Agency Qualifications: An independent agency, with the experience and capability to y conduct the testing indicated, that is a member company of the InterNational Electrical Testing Association or is a nationally recognized testing laboratory (NRTL) as defined by OSHA in 29 CFR 1910.7, and that is acceptable to authorities having jurisdiction. F1 1. Testing Agency's Field Supervisor: Person currently certified by the InterNational -' Electrical Testing Association to supervise on -site testing specified in Part 3. u GROUNDING AND BONDING 16060 - 1 I _ i t_ i B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in WPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. C. Comply with UL 467 for grounding and bonding materials and equipment. PART 2-PRODUCTS 2.1 CONDUCTORS A. Insulated Conductors: Copper or tinned -copper wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction. B. Bare Copper Conductors: 1. Solid Conductors: ASTM B 3. 2. Stranded Conductors: ASTM B 8. 3. Bonding Cable: 28 kcmil, 14 strands of No. 17 AWG conductor, 1/4 inch in diameter. 4., Bonding Conductor: No. 4 or No. 6 AWG, stranded conductor. 5. Bonding Jumper: Copper tape, braided conductors, terminated with copper ferrules; 1- 5/8 inches wide and 1/16 inch thick. C. Grounding Bus: Rectangular bars of annealed copper, 1/4 by 4 inches in cross section by 24 inches in length, unless otherwise indicated; with insulators. 2.2 CONNECTORS A. Listed and labeled by a nationally recognized testing laboratory acceptable to authorities having jurisdiction for applications in which used, and for specific types, sizes, and combinations of conductors and other items connected. B. Bolted Connectors for Conductors and Pipes: Copper or copper alloy, bolted pressure -type, with at least two bolts. 1. Pipe Connectors: Clamp type, sized for pipe. C. Welded Connectors: Exothermic -welding kits of types recommended by kit manufacturer for materials being joined and installation conditions. 2.3 GROUNDING ELECTRODES A. Ground Rods: Copper -clad steel, sectional type; 3/4 inch by10 feet in diameter. GROUNDING AND BONDING 16060 - 2 PART 3-EXECUTION 3.1 3.2 APPLICATIONS A. Conductors: Install solid conductor for No. 8 AWG and smaller, and stranded conductors for No. 6 AWG and larger, unless otherwise indicated. B. Underground Grounding Conductors: Install bare tinned -copper conductor, No. 2/0 AWG minimum. 1. Bury at least 24 inches below grade. C. Grounding Bus: Install in electrical and telephone equipment rooms, in rooms housing service equipment, and elsewhere as indicated. 1. Install bus on insulated spacers 1 inch, minimum, from wall 6 inches above finished floor, unless otherwise indicated. 2. Where indicated on both sides of doorways, route bus up to top of door frame, across top of doorway, down to specified height above floor, and connect to horizontal bus. D. Conductor Terminations and Connections: I 10 1. Pipe and Equipment Grounding Conductor Terminations: Bolted connectors. 2. Underground Connections: Welded connectors, except at test wells and as otherwise indicated. 3. Connections to Ground Rods at Test Wells: Bolted connectors. 4. Connections to Structural Steel: Welded connectors. EQUIPMENT GROUNDING Install insulated equipment grounding conductors with the following items, in addition to those required by NFPA 70: 1. Feeders and branch circuits. 2. Lighting circuits. 3. Receptacle circuits. 4. Single-phase motor and appliance branch circuits. 5. Three-phase motor and appliance branch_ circuits. 6. Flexible raceway runs. 7. Busway Supply Circuits: Install insulated equipment grounding conductor from grounding bus in the switchgear, switchboard, or distribution panel to equipment grounding bar terminal on Busway. 8. Computer and Rack -Mounted Electronic Equipment Circuits: Install insulated equipment grounding conductor in branch -circuit runs from equipment -area power panels and power -distribution units. Air -Duct Equipment Circuits: Install insulated equipment grounding conductor to duct - mounted electrical devices operating at 120 V and more, including air cleaners, heaters, GROUNDING AND BONDING 16060 - 3 C �1 1__i dampers, humidifiers, and other duct electrical equipment. Bond conductor to each unit and to air duct and connected metallic piping. C. Water Heater, Heat -Tracing, and Antifrost Heating Cables: Install a separate insulated equipment grounding conductor to each electric water heater and heat -tracing cable. Bond conductor to heater units, piping, connected equipment, and components. D. Isolated Grounding Receptacle Circuits: Install an insulated equipment grounding conductor connected to the receptacle grounding terminal. Isolate conductor from raceway and from panelboard grounding terminals. Terminate at equipment grounding conductor terminal of the applicable derived system or service, unless otherwise indicated. E. Isolated Equipment Enclosure Circuits: For designated equipment supplied by a branch circuit or feeder, isolate equipment enclosure from supply circuit raceway with a nonmetallic raceway fitting listed for the purpose. Install fitting where raceway enters enclosure, and install a separate insulated equipment grounding conductor. Isolate conductor from raceway and from panelboard grounding terminals. Terminate at equipment grounding conductor terminal of the applicable derived system or service, unless otherwise indicated. 3.3 INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible, unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. B. Ground Rods: Drive rods until tops are 2 inches below finished floor or final grade, unless otherwise indicated. 1. Interconnect ground rods with grounding electrode conductor below grade and as otherwise indicated. Make connections without exposing steel or damaging coating, if any. C. Bonding Straps and Jumpers: Install in locations accessible for inspection and maintenance, except where routed through short lengths of conduit. 1. Bonding to Structure: Bond straps directly to basic structure, taking care not to penetrate any adjacent parts. 2. Bonding to Equipment Mounted on Vibration Isolation Hangers and Supports: Install so vibration is not transmitted to rigidly mounted equipment. 3. Use exothermic -welded connectors for outdoor locations, but if a disconnect -type connection is required, use a bolted clamp. D. Grounding and Bonding for Piping: Metal Water Service Pipe: Install insulated copper grounding conductors, in conduit, from building's main service equipment, or grounding bus, to main metal water service entrances to building. Connect grounding conductors to main metal water service pipes, using a bolted clamp connector or by bolting a lug -type connector to a pipe flange, using one of the lug bolts of the flange. Where a dielectric main water fitting is installed, GROUNDING AND BONDING 16060 - 4 connect grounding conductor on street side of fitting. Bond metal grounding conductor conduit or sleeve to conductor at each end. 2. Water Meter Piping: Use braided -type bonding jumpers to electrically bypass water meters. Connect to pipe with a bolted connector. E. Bonding Interior Metal Ducts: Bond metal air ducts to equipment grounding conductors of associated fans, blowers, electric heaters, and air cleaners. Install tinned bonding jumper to bond across flexible duct connections to achieve continuity. F. Grounding for Steel Building Structure: Install a driven ground rod at base of each corner column and at intermediate exterior columns at distances not more than 60 feet apart. 3.4 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified testing and inspecting agency to perform the following field tests and inspections and prepare test reports: B. Perform the following tests and inspections and prepare test reports: 1. After installing grounding system but before permanent electrical circuits have been energized, test for compliance with requirements. 2. Test completed grounding system at each location where a maximum ground -resistance level is specified, at service disconnect enclosure grounding terminal, and at individual ground rods. Make tests at ground rods before any conductors are connected. a. Measure ground resistance not less than two full days after last trace of i precipitation and without soil being moistened by any means other than natural t-} drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. b. Perform tests by fall -of -potential method according to IEEE 81. 3. Prepare dimensioned drawings locating each test well, ground rod and ground rod assembly, and other grounding electrodes. Identify each by letter in alphabetical order, and key to the record of tests and observations. Include the number of rods driven and their depth at each location, and include observations of weather and other phenomena that may affect test results. Describe measures taken to improve test results. �s C. Report measured ground resistances that exceed the following values: 1. Power and Lighting Equipment or System with Capacity 500 kVA and Less: 10 ohms. 2. Power Distribution Units or Panelboards Serving Electronic Equipment: I ohm(s). D. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Architect promptly and include recommendations to reduce ground resistance. END OF SECTION 16060 (i GROUNDING AND BONDING 16060 - 5 i SECTION 16073 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: l . Hangers and supports for electrical equipment and systems. 2. Construction requirements for concrete bases. B. Related Sections include the following: 1. Division 16 Section "Vibration and Seismic Controls for Electrical Systems" for products and installation requirements necessary for compliance with seismic criteria. 1.3 DEFINITIONS A. EMT: Electrical metallic tubing. B. RMC: Rigid metal conduit. 1.4 PERFORMANCE REQUIREMENTS A. Design supports for multiple raceways capable of supporting combined weight of supported systems and its contents. B. Design equipment supports capable of supporting combined operating weight of supported equipment and connected systems and components. C. Rated Strength: Adequate in tension, shear, and pullout force to resist maximum loads calculated or imposed for this Project, with a minimum structural safety factor of five times the applied force. 1.5 SUBMITTALS A. Product Data: For the following: 1. Steel slotted support systems. HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 16073 - 1 B. Shop Drawings: Show fabrication and installation details and include calculations for the following: 1. Trapeze hangers. Include Product Data for components. 2. Steel slotted channel systems. Include Product Data for components. 3. Nonmetallic slotted channel systems. Include Product Data for components. 4. Equipment supports. C. Welding certificates. 1.6 QUALITY ASSURANCE A. Welding: Qualify procedures and personnel according to AWS Dl.1/D1.1M, "Structural Welding Code - Steel." B. Comply with NFPA 70. 1.7 COORDINATION A. Coordinate size and location of concrete bases. Cast anchor -bolt inserts into bases. Concrete, reinforcement, and formwork requirements are specified in Division 3. B. Coordinate installation of roof curbs, equipment supports, and roof penetrations. These items are specified in Division 7 Section "Roof Accessories." PART2-PRODUCTS 2.1 SUPPORT, ANCHORAGE, AND ATTACHMENT COMPONENTS A. Steel Slotted Support Systems: Comply with MFMA-4, factory -fabricated components for field assembly. 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Allied Tube & Conduit. b. Cooper B-Line, Inc.; a division of Cooper Industries. C. Thomas & Betts Corporation. d. Unistrut; Tyco International, Ltd. 2. Metallic Coatings: Hot -dip galvanized after fabrication and applied according to MFMA-4. -, 3. Painted Coatings: Manufacturer's standard painted coating applied according to MFMA- 4. g= 4. Channel Dimensions: Selected for applicable load criteria. 3 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 16073 - 2 LJ �_a 5. Fittings and Accessories: Products of channel and angle manufacturer and designed for use with those items. 6. Fitting and Accessory Materials: Same as channels and angles, except metal items may be stainless steel. 7. Rated Strength: Selected to suit applicable load criteria. B. Raceway and Cable Supports: As described in NECA 1 and NECA 101. C. Conduit and Cable Support Devices: Steel hangers, clamps, and associated fittings, designed for types and sizes of raceway or cable to be supported. D. Support for Conductors in Vertical Conduit: Factory -fabricated assembly consisting of threaded body and insulating wedging plug or plugs for non -armored electrical conductors or cables in riser conduits. Plugs shall have number, size, and shape of conductor gripping pieces as required to suit individual conductors or cables supported. Body shall be malleable iron. E. Structural Steel for Fabricated Supports and Restraints: ASTM A 36/A 36M, steel plates, shapes, and bars; black and galvanized. F. Mounting, Anchoring, and Attachment Components: Items for fastening electrical items or their supports to building surfaces include the following: Powder -Actuated Fasteners: Threaded -steel stud, for use in hardened portland cement concrete, steel, or wood, with tension, shear, and pullout capacities appropriate for supported loads and building materials where used. a. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1) Hilti Inc. 2) ITW Ramset/Red Head; a division of Illinois Tool Works, Inc. 3) MKT Fastening, LLC. 4) Simpson Strong -Tie Co., Inc.; Masterset Fastening Systems Unit. 2. Mechanical -Expansion Anchors: Insert -wedge -type, stainless steel, for use in hardened portland cement concrete with tension, shear, and pullout capacities appropriate for supported loads and building materials in which used. a. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1) Cooper B-Line, Inc.; a division of Cooper Industries. 2) Empire Tool and Manufacturing Co., Inc. 3) Hilti Inc. 4) ITW Ramset/Red Head; a division of Illinois Tool Works, Inc. 5) MKT Fastening, LLC. HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 16073 - 3 3. Concrete Inserts: Steel or malleable -iron, slotted support system units similar to MSS Type 18; complying with MFMA-4 or MSS SP-58. 4. Clamps for Attachment to Steel Structural Elements: MSS SP-58, type suitable for attached structural element. 5. Through Bolts: Structural type, hex head, and high strength. Comply with ASTM A 325. 6. Toggle Bolts: All -steel springhead type. 7. Hanger Rods: Threaded steel. 2.2 FABRICATED METAL EQUIPMENT SUPPORT ASSEMBLIES A. Description: Welded or bolted, structural -steel shapes, shop or field fabricated to fit dimensions of supported equipment. B. Materials: Comply with requirements in Division 5 Section "Metal Fabrications" for steel shapes and plates. PART 3 - EXECUTION 3.1 APPLICATION A. Comply with NECA 1 and NECA 101 for application of hangers and supports for electrical equipment and systems except if requirements in this Section are stricter. B. Maximum Support Spacing and Minimum Hanger Rod Size for Raceway: Space supports for EMT, IMC, and RMC as required by NFPA 70. Minimum rod size shall be 1/4 inch in diameter. C. Multiple Raceways or Cables: Install trapeze -type supports fabricated with steel slotted or other support system, sized so capacity can be increased by at least 25 percent in future without exceeding specified design load limits. 1. Secure raceways and cables to these supports with single -bolt conduit clamps. D. Spring -steel clamps designed for supporting single conduits without bolts may be used for 1- 1/2-inch and smaller raceways serving branch circuits and communication systems above suspended ceilings and for fastening raceways to trapeze supports. 3.2 SUPPORT INSTALLATION A. Comply with NECA I and NECA 101 for installation requirements except as specified in this Article. 1� B. Raceway Support Methods: In addition to methods described in NECA 1, EMT, IMC, and RMC may be supported by openings through structure members, as permitted in NFPA 70. ` C. Strength of Support Assemblies: Where not indicated, select sizes of components so strength will be adequate to carry present and future static loads within specified loading limits. 1_ HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 16073 - 4 _ 1� �_ s Minimum static design load used for strength determination shall be weight of supported components plus 200 lb. D. Mounting and Anchorage of Surface -Mounted Equipment and Components: Anchor and fasten electrical items and their supports to building structural elements by the following methods unless otherwise indicated by code: 1. To Wood: Fasten with lag screws or through bolts. 2. To New Concrete: Bolt to concrete inserts. 3. To Masonry: Approved toggle -type bolts on hollow masonry units.and expansion anchor fasteners on solid masonry units. 4. To Existing Concrete: Expansion anchor fasteners. 5. Instead of expansion anchors, powder -actuated driven threaded studs provided with lock washers and nuts may be used in existing standard -weight concrete 4 inches thick or greater. Do not use for anchorage to lightweight -aggregate concrete or for slabs less than 4 inches thick. 6. To Steel: Beam clamps (MSS Type 19, 21, 23, 25, or 27) complying with MSS SP-69. 7. To Light Steel: Sheet metal screws. 8. Items Mounted on Hollow Walls and Nonstructural Building Surfaces: Mount cabinets, panelboards, disconnect switches, control enclosures, pull and junction boxes, transformers, and other devices on slotted -channel racks attached to substrate by means that meet seismic -restraint strength and anchorage requirements. E. Drill holes for expansion anchors in concrete at locations and to depths that avoid reinforcing bars. 3.3 INSTALLATION OF FABRICATED METAL SUPPORTS A. Comply with installation requirements in Division 5 Section "Metal Fabrications" for site - fabricated metal supports. B. Cut, fit, and place miscellaneous metal supports accurately in location, alignment, and elevation to support and anchor electrical materials and equipment. C. Field Welding: Comply with AWS Dl.1/D1.1M. 3.4 PAINTING A. Touchup: Clean field welds and abraded areas of shop paint. Paint exposed areas immediately after erecting hangers and supports. Use same materials as used for shop painting. Comply with SSPC-PA 1 requirements for touching up field -painted surfaces. Apply paint by brush or spray to provide minimum dry film thickness of 2.0 mils. B. Touchup: Comply with requirements in Division 9 painting Sections for cleaning and touchup painting of field welds, bolted connections, and abraded areas of shop paint on miscellaneous metal. HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 16073 - 5 C. Galvanized Surfaces: Clean welds, bolted connections, and abraded areas and apply galvanizing -repair paint to comply with ASTM A 780. END OF SECTION 16073 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 16073 - 6 1 SECTION 16075 - ELECTRICAL IDENTIFICATION PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Identification for raceway and metal -clad cable. 2. Identification for conductors and communication and control cable. 3. Underground -line warning tape. 4. Warning labels and signs. 5. Instruction signs. 6. Equipment identification labels. 7. Miscellaneous identification products. 1.3 SUBMITTALS A. Product Data: For each electrical identification product indicated. B. Identification Schedule: An index of nomenclature of electrical equipment and system components used in identification signs and labels. C. Samples: For each type of label and sign to illustrate size, colors, lettering style, mounting provisions, and graphic features of identification products. 1.4 QUALITY ASSURANCE A. Comply with ANSI A 13.1 and ANSI C2. B. Comply with NFPA 70. C. Comply with 29 CFR 1910.145. 1.5 COORDINATION A. Coordinate identification names, abbreviations, colors, and other features with requirements in the Contract Documents, Shop Drawings, manufacturer's wiring diagrams, and the Operation and Maintenance Manual, and with those required by codes, standards, and 29 CFR 1910.145. Use consistent designations throughout Project. ELECTRICAL IDENTIFICATION 16075 - 1 f B. Coordinate installation of identifying devices with completion of covering and painting of surfaces where devices are to be applied. C. Coordinate installation of identifying devices with location of access panels and doors. D. Install identifying devices before installing acoustical ceilings and similar concealment. PART 2-PRODUCTS 2.1 RACEWAY AND METAL -CLAD CABLE IDENTIFICATION MATERIALS A. Comply with ANSI A13.1 for minimum size of letters for legend and for minimum length of color field for each raceway and cable size. B. Color for Printed Legend: 1. Power Circuits: Black letters on an orange field. 2. Legend: Indicate system or service and voltage, if applicable. C. Self -Adhesive Vinyl Labels: Preprinted, flexible label laminated with a clear, weather- and chemical -resistant coating and matching wraparound adhesive tape for securing ends of legend label. D. Self -Adhesive Vinyl Tape: Colored, heavy duty, waterproof, fade resistant; 2 inches wide; compounded for outdoor use. 2.2 CONDUCTOR AND COMMUNICATION- AND CONTROL -CABLE IDENTIFICATION MATERIALS A. Color -Coding Conductor Tape: Colored, self-adhesive vinyl tape not less than 3 mils thick by 1 to 2 inches wide. B. Marker Tapes: Vinyl or vinyl -cloth, self-adhesive wraparound type, with circuit identification legend machine printed by thermal transfer or equivalent process. 2.3 UNDERGROUND -LINE WARNING TAPE A. Description: Permanent, bright -colored, continuous -printed, polyethylene tape. 1. Not less than 6 inches wide by 4 mils thick. g 2. Compounded for permanent direct -burial service. 3. Embedded continuous metallic strip or core. 4. Printed legend shall indicate type of underground line. i 2.4 WARNING LABELS AND SIGNS A. Comply with NFPA 70 and 29 CFR 1910,145. i� L ELECTRICAL IDENTIFICATION 16075 - 2 IJ B. Self -Adhesive Warning Labels: Factory printed, multicolor, pressure -sensitive adhesive labels, configured for display on front cover, door, or other access to equipment, unless otherwise indicated. C. Warning label and sign shall include, but are not limited to, the following legends: 1. Multiple Power Source Warning: "DANGER - ELECTRICAL SHOCK HAZARD - EQUIPMENT HAS MULTIPLE POWER SOURCES." 2. Workspace Clearance Warning: "WARNING - OSHA REGULATION - AREA IN FRONT OF ELECTRICAL EQUIPMENT MUST BE KEPT CLEAR FOR 36 INCHES." 2.5 INSTRUCTION SIGNS A. Engraved, laminated acrylic or melamine plastic, minimum 1/16 inch thick for signs up to 20 sq. in. and 1/8 inch thick for larger sizes. 1. Engraved legend with black letters on white face. 2. Punched or drilled for mechanical fasteners. 3. Framed with mitered acrylic molding and arranged for attachment at applicable equipment. 2.6 EQUIPMENT IDENTIFICATION LABELS A. Self -Adhesive, Engraved, Laminated Acrylic or Melamine Label: Adhesive backed, with white letters on a dark -gray background. Minimum letter height shall be 3/8 inch. B. Engraved, Laminated Acrylic or Melamine Label: Punched or drilled for screw mounting. White letters on a dark -gray background. Minimum letter height shall be 3/8 inch. 2.7 MISCELLANEOUS IDENTIFICATION PRODUCTS A. Cable Ties: Fungus -inert, self -extinguishing, I -piece, self-locking, Type 6/6 nylon cable ties. 1. Minimum Width: 3/16 inch. 2. Tensile Strength: 50 lb, minimum. 3. Temperature Range: Minus 40 to plus 185 deg F. 4. Color: Black, except where used for color -coding. B. Paint: Paint materials and application requirements are specified in Division 9 painting Sections. C. Fasteners for Labels and Signs: Self -tapping, stainless -steel screws or stainless -steel machine screws with nuts and flat and lock washers. IELECTRICAL IDENTIFICATION 16075 - 3 PART 3 - EXECUTION 3.1 APPLICATION A. Accessible Raceways and Metal -Clad Cables, 600 V or Less, for Service, Feeder, and Branch Circuits More Than 30 A: Identify with orange self-adhesive vinyl tape applied in bands. B. Accessible Raceways and Cables of Auxiliary Systems: Identify the following systems with color -coded, self-adhesive vinyl tape applied in bands: 1. Fire Alarm System: Red. 2. Security System: Blue and yellow. 3. Telecommunication System: Green and yellow. 4. Control Wiring: Green and red. C. Power -Circuit Conductor Identification: For secondary conductors No. 1/0 AWG and larger in vaults, pull and junction boxes, manholes, and handholes. Identify source and circuit number of each set of conductors. For single conductor cables, identify phase in addition to the above. D. Branch -Circuit Conductor Identification: Where there are conductors for more than three branch circuits in same junction or pull box, use color -coding conductor. Identify each ungrounded conductor according to source and circuit number. E. Conductors to Be Extended in the Future: Attach write -on tags to conductors and list source and circuit number. F. Auxiliary Electrical Systems Conductor Identification: Identify field -installed alarm, control, signal, sound, intercommunications, voice, and data connections. 1. Identify conductors, cables, and terminals in enclosures and at junctions, terminals, and pull points. Identify by system and circuit designation. 2. Use system of marker tape designations that is uniform and consistent with system used by manufacturer for factory -installed connections. 3. Coordinate identification with Project Drawings, manufacturer's wiring diagrams, and Operation and Maintenance Manual. G. Locations of Underground Lines: Identify with underground -line warning tape for power, lighting, communication, and control wiring and optical fiber cable. Install underground -line warning tape for both direct -buried cables and cables in raceway. H. Warning Labels for Indoor Cabinets, Boxes, and Enclosures for Power and Lighting: Comply with 29 CFR 1910.145 and apply self-adhesive warning labels. Identify system voltage with black letters on an orange background. Apply to exterior of door, cover, or other access. 1. Equipment with Multiple Power or Control Sources: Apply to door or cover of equipment including, but not limited to, the following: a. Power transfer switches. b. Controls with external control power connections. ELECTRICAL IDENTIFICATION 16075 - 4 1 2. Equipment Requiring Workspace Clearance According to NFPA 70: Unless otherwise indicated, apply to door or cover of equipment but not on flush panelboards and similar equipment in finished spaces. I. Instruction Signs: 1. Operating Instructions: Install instruction signs to facilitate proper operation and maintenance of electrical systems and items to which they connect. Install instruction signs with approved legend where instructions are needed for system or equipment operation. 2. Emergency Operating Instructions: Install instruction signs with white legend on a red background with minimum 3/8-inch-high letters for emergency instructions at equipment used for power transfer. J. Equipment Identification Labels: On each unit of equipment, install unique designation label that is consistent with wiring diagrams, schedules, and Operation and Maintenance Manual. Apply labels to disconnect switches and protection equipment, central or master units, control panels, control stations, terminal cabinets, and racks of each system. Systems include power, lighting, control, communication, signal, monitoring, and alarm systems unless equipment is provided with its own identification. 1. Labeling Instructions: a. Indoor Equipment: Self-adhesive, engraved, laminated acrylic or melamine label. Unless otherwise indicated, provide a single line of text with 1/2-inch-high letters on 1-1/2-inch-high label; where 2 lines of text are required, use labels 2 inches high. b. Outdoor Equipment: Engraved, laminated acrylic or melamine label. C. Elevated Components: Increase sizes of labels and letters to those appropriate for viewing from the floor. 2. Equipment to Be Labeled: a. Panelboards, electrical cabinets, and enclosures. b. Access doors and panels for concealed electrical items. C. Electrical switchgear and switchboards. d. Transformers. e. Emergency system boxes and enclosures. f. Disconnect switches. g. Motor starters. h. Push-button stations. i. Power transfer equipment. j. Contactors. k. Remote -controlled switches, dimmer modules, and control devices. 1. Voice and data cable terminal equipment. in. Television/audio components, racks, and controls. n. Fire -alarm control panel and annunciators. o. Security and intrusion -detection control stations, control panels, terminal cabinets, and racks. p. Monitoring and control equipment. ELECTRICAL IDENTIFICATION 16075 - 5 q. Terminals, racks, and patch panels for voice and data communication and for signal and control functions. 3.2 INSTALLATION A. Verify identity of each item before installing identification products. B. Location: Install identification materials and devices at locations for most convenient viewing without interference with operation and maintenance of equipment. C. Apply identification devices to surfaces that require finish after completing finish work. D. Self -Adhesive Identification Products: Clean surfaces before application, using materials and methods recommended by manufacturer of identification device. E. Attach nonadhesive signs and plastic labels with screws and auxiliary hardware appropriate to the location and substrate. F. System Identification Color Banding for Raceways and Cables: Each color band shall completely encircle cable or conduit. Place adjacent bands of two-color markings in contact, side by side. Locate bands at changes in direction, at penetrations of walls and floors, at 50-foot maximum intervals in straight runs, and at 25-foot maximum intervals in congested areas. G. Color -Coding for Phase and Voltage Level Identification, 600 V and Less: Use the colors listed below for ungrounded service, feeder, and branch -circuit conductors. 1. Color shall be factory applied or, for sizes larger than No. 10 AWG if authorities having jurisdiction permit, field applied. 2. Colors for 208/120-V Circuits: a. Phase A: Black. b. Phase B: Red. C. Phase C: Blue. 3. Field -Applied, Color -Coding Conductor Tape: Apply in half -lapped turns for a minimum distance of 6 inches from terminal points and in boxes where splices or taps are made. Apply last two turns of tape with no tension to prevent possible unwinding. Locate bands to avoid obscuring factory cable markings. H. Underground -Line Warning Tape: During backfilling of trenches install continuous underground -line warning tape directly above line at 6 to 8 inches below finished grade. Use multiple tapes where width of multiple lines installed in a common trench or concrete-� envelope exceeds 16 inches overall. I. Painted Identification: Prepare surface and apply paint according to Division 9 painting Sections. ? END OF SECTION 16075 ELECTRICAL IDENTIFICATION 16075 - 6 4 I SECTION 16120 - CONDUCTORS AND CABLES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Building wires and cables rated 600 V and less. 2. Connectors, splices, and terminations rated 600 V and less. 3. Sleeves and sleeve seals for cables. 1.3 DEFINITIONS A. EPDM: Ethylene-propylene-diene terpolymer rubber. B. NBR: Acrylonitrile-butadiene rubber. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. B. Qualification Data: For testing agency. C. Field quality -control test reports. 1.5 QUALITY ASSURANCE A. Testing Agency Qualifications: An independent agency, with the experience and capability to conduct the testing indicated, that is a member company of the InterNational Electrical Testing Association or is a nationally recognized testing laboratory (NRTL) as defined by OSHA in 29 CFR 1910.7, and that is acceptable to authorities having jurisdiction. 1. Testing Agency's Field Supervisor: Person currently certified by the InterNational Electrical Testing Association or the National Institute for Certification in Engineering Technologies to supervise on -site testing specified in Part 3. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. CONDUCTORS AND CABLES 16120 - 1 C. Comply with NFPA 70. 1.6 COORDINATION A. Set sleeves in cast -in -place concrete, masonry walls, and other structural components as they are constructed. PART 2 - PRODUCTS 2.1 CONDUCTORS AND CABLES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Alcan Products Corporation; Alcan Cable Division. 2. American Insulated Wire Corp.; a Leviton Company. 3. General Cable Corporation. 4. Senator Wire & Cable Company. 5. Southwire Company. B. Copper Conductors: Comply with NEMA WC 70. C. Conductor Insulation: Comply with NEMA WC 70 for Types THHN-THWN. D. Multiconductor Cable: Comply with NEMA WC 70 for metal -clad cable, Type MC with ground wire for light fixtures only. 2.2 CONNECTORS AND SPLICES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. AFC Cable Systems, Inc. 2. Hubbell Power Systems, Inc. 3. O-Z/Gedney; EGS Electrical Group LLC. 4. 3M; Electrical Products Division. 5. Tyco Electronics Corp. B. Description: Factory -fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. 2.3 SLEEVES FOR CABLES A. Steel Pipe Sleeves: ASTM A 531A 53M, Type E, Grade B, Schedule 40, galvanized steel, plain ends. CONDUCTORS AND CABLES 16120 - 2 B. Cast -Iron Pipe Sleeves: Cast or fabricated "wall pipe," equivalent to ductile -iron pressure pipe, with plain ends and integral waterstop, unless otherwise indicated. C. Sleeves for Rectangular Openings: Galvanized sheet steel with minimum 0.052- or 0.138-inch thickness as indicated and of length to suit application. D. Coordinate sleeve selection and application with selection and application of firestopping specified in Division 7 Section "Through -Penetration Firestop Systems." 2.4 SLEEVE SEALS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Advance Products & Systems, Inc. 2. Calpico, Inc. 3. Metraflex Co. 4. Pipeline Seal and Insulator, Inc. B. Description: Modular sealing device, designed for field assembly, to fill annular space between sleeve and cable. 1. Sealing Elements: EPDM interlocking links shaped to fit surface of cable or conduit. Include type and number required for material and size of raceway or cable. 2. Pressure Plates: Plastic. Include two for each sealing element. 3. Connecting Bolts and Nuts: Carbon steel with corrosion -resistant coating of length required to secure pressure plates to sealing elements. Include one for each sealing element. PART 3 - EXECUTION 3.1 CONDUCTOR MATERIAL APPLICATIONS A. Feeders: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. B. Branch Circuits: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. 3.2 CONDUCTOR INSULATION AND MULTICONDUCTOR CABLE APPLICATIONS AND WIRING METHODS A. Service Entrance: Type THHN-THWN, single conductors in raceway. B. Exposed Feeders: Type THHN-THWN, single conductors in raceway. C. Feeders Concealed in Ceilings, Walls, Partitions, and Crawlspaces: Type THHN-THWN, single conductors in raceway. I.. CONDUCTORS AND CABLES 16120 - 3 D. Feeders Concealed in Concrete, below Slabs -on -Grade, and Underground: Type THHN- THWN, single conductors in raceway. E. Branch Circuits Concealed in Ceilings, Walls, and Partitions: Type THHN-THWN, single conductors in raceway. F. Branch Circuits Concealed in Concrete, below Slabs -on -Grade, and Underground: Type THHN-THWN, single conductors in raceway. G. Cord Drops and Portable Appliance Connections: Type SO, hard service cord with stainless - steel, wire -mesh, strain relief device at terminations to suit application. H. Class 1 Control Circuits: Type THHN-THWN, in raceway. I. Class 2 Control Circuits: Type THHN-THWN, in raceway. 3.3 INSTALLATION OF CONDUCTORS AND CABLES A. Conceal cables in finished walls, ceilings, and floors, unless otherwise indicated. B. Use manufacturer -approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. C. Use pulling means, including fish tape, cable, rope, and basket -weave wire/cable grips, that will not damage cables or raceway. D. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. E. Support cables according to Division 16 Section "Electrical Supports and Seismic Restraints." F. Identify and color -code conductors and cables according to Division 16 Section "Electrical Identification." 3.4 CONNECTIONS A. Tighten electrical connectors and terminals according to manufacturer's published torque - tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. B. Make splices and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. 1. Use oxide inhibitor in each splice and tap conductor for aluminum conductors. C. Wiring at Outlets: Install conductor at each outlet, with at least 12 inches of slack. CONDUCTORS AND CABLES 16120 - 4 _ 1 3.5 SLEEVE INSTALLATION FOR ELECTRICAL PENETRATIONS A. Coordinate sleeve selection and application with selection and application of firestopping specified in Division 7 Section "Through -Penetration Firestop Systems." B. Concrete Slabs and Walls: Install sleeves for penetrations unless core -drilled holes or formed openings are used. Install sleeves during erection of slabs and walls. C. Use pipe sleeves unless penetration arrangement requires rectangular sleeved opening. D. Rectangular Sleeve Minimum Metal Thickness: 1. For sleeve rectangle perimeter less than 50 inches and no side greater than 16 inches, thickness shall be 0.052 inch. 2. For sleeve rectangle perimeter equal to, or greater than, 50 inches and 1 or more sides equal to, or greater than, 16 inches, thickness shall be 0.138 inch. E. Fire -Rated Assemblies: Install sleeves for penetrations of fire -rated floor and wall assemblies unless openings compatible with firestop system used are fabricated during construction of floor or wall. F. Cut sleeves to length for mounting flush with both wall surfaces. G. Extend sleeves installed in floors 2 inches above finished floor level. H. Size pipe sleeves to provide 1/4-inch annular clear space between sleeve and cable unless sleeve seal is to be installed. I. Seal space outside of sleeves with grout for penetrations of concrete and masonry and with approved joint compound for gypsum board assemblies. J. Interior Penetrations of Non -Fire -Rated Walls and Floors: Seal annular space between sleeve and cable, using joint sealant appropriate for size, depth, and location of joint according to Division 7 Section "Joint Sealants." K. Fire -Rated -Assembly Penetrations: Maintain indicated fire rating of walls, partitions, ceilings, and floors at cable penetrations. Install sleeves and seal with firestop materials according to Division 7 Section "Through -Penetration Firestop Systems." L. Roof -Penetration Sleeves: Seal penetration of individual cables with flexible boot -type flashing units applied in coordination with roofing work. M. Aboveground Exterior -Wall Penetrations: Seal penetrations using sleeves and mechanical sleeve seals. Size sleeves to allow for 1-inch annular clear space between pipe and sleeve for installing mechanical sleeve seals. N. Underground Exterior -Wall Penetrations: Install cast-iron "wall pipes" for sleeves. Size sleeves to allow for 1-inch annular clear space between cable and sleeve for installing mechanical sleeve seals. r-_, CONDUCTORS AND CABLES 16120 - 5 3.6 SLEEVE -SEAL INSTALLATION A. Install to seal underground exterior -wall penetrations. B. Use type and number of sealing elements recommended by manufacturer for cable material and size. Position cable in center of sleeve. Assemble mechanical sleeve seals and install in annular space between cable and sleeve. Tighten bolts against pressure plates that cause sealing elements to expand and make watertight seal. 3.7 FIRESTOPPING A. Apply firestopping to electrical penetrations of fire -rated floor and wall assemblies to restore original fire -resistance rating of assembly according to Division 7 Section "Through -Penetration Firestop Systems." 3.8 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified testing agency to perform tests and inspections and prepare test reports. B. Perform tests and inspections and prepare test reports. C. Tests and Inspections: After installing conductors and cables and before electrical circuitry has been energized, test service entrance and feeder conductors, and conductors feeding the following critical equipment and services for compliance with requirements. 2. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. 3. Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each splice in cables and conductors No. 3 AWG and larger. Remove box and equipment covers so splices are accessible to portable scanner. a. Instrument: Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. b. Record of Infrared Scanning: Prepare a certified report that identifies splices checked and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. D. Test Reports: Prepare a written report to record the following: 1. Test procedures used. 2. Test results that comply with requirements. 3. Test results that do not comply with requirements and corrective action taken to achieve compliance with requirements. E. Remove and replace malfunctioning units and retest as specified above. CONDUCTORS AND CABLES 16120 - 6 1 END OF SECTION 16120 ICONDUCTORS AND CABLES 16120 - 7 SECTION 16130 - RACEWAYS AND BOXES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes raceways, fittings, boxes, enclosures, and cabinets for electrical wiring. 1.3 DEFINITIONS A. EMT: Electrical metallic tubing. B. LFNC: Liquidtight flexible nonmetallic conduit. 1.4 SUBMITTALS A. Product Data: For surface raceways, wireways and fittings, floor boxes, hinged -cover enclosures, and cabinets. B. Shop Drawings: For the following raceway components. Include plans, elevations, sections, details, and attachments to other work. 1. Custom enclosures and cabinets. 2. For handholes and boxes for underground wiring, including the following: a. Duct entry provisions, including locations and duct sizes. b. Frame and cover design. - C. Grounding details. d. Dimensioned locations of cable rack inserts, and pulling -in and lifting irons. e. Joint details. C. Coordination Drawings: Conduit routing plans, drawn to scale, on which the following items are shown and coordinated with each other, based on input from installers of the items involved: l . Structural members in the paths of conduit groups with common supports. 2. HVAC and plumbing items and architectural features in the paths of conduit groups with common supports. D. Qualification Data: For professional engineer and testing agency. E. Source quality -control test reports. RACEWAYS AND BOXES 16130 - 1 l �_a 1.5 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. PART 2-PRODUCTS 2.1 METAL CONDUIT AND TUBING A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. AFC Cable Systems, Inc. 2. Alflex Inc. 3. Allied Tube & Conduit; a Tyco International Ltd. Co. 4. Anamet Electrical, Inc.; Anaconda Metal Hose. 5. Electri-Flex Co. 6. Manhattan/CDT/Cole-Flex. 7. Maverick Tube Corporation. 8. O-Z Gedney; a unit of General Signal. 9. Wheatland Tube Company. B. Rigid Steel Conduit: ANSI C80.1. C. EMT: ANSI C80.3. D. LFMC: Flexible steel conduit with PVC jacket. E. Fittings for Conduit (Including all Types and Flexible and Liquidtight), EMT, and Cable: NEMA FB 1; listed for type and size raceway with which used, and for application and environment in which installed. 1. Conduit Fittings for Hazardous (Classified) Locations: Comply with UL 886. 2. Fittings for EMT: set -screw or compression type. 3. Coating for Fittings for PVC -Coated Conduit: Minimum thickness, 0.040 inch, with overlapping sleeves protecting threaded joints. F. Joint Compound for Rigid Steel Conduit or IMC: Listed for use in cable connector assemblies, and compounded for use to lubricate and protect threaded raceway joints from corrosion and enhance their conductivity. 2.2 NONMETALLIC CONDUIT AND TUBING A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: i RACEWAYS AND BOXES 16130 - 2 r F A. B. C. D. E. 1. AFC Cable Systems, Inc. 2. Anamet Electrical, Inc.; Anaconda Metal Hose. 3. Amco Corporation. 4. CANTEX Inc. 5. CertainTeed Corp.; Pipe & Plastics Group. 6. Condux International, Inc. 7. EIecSYS, Inc. 8. Electri-Flex Co. 9. Lamson & Sessions; Carlon Electrical Products. 10. Manhattan/CDT/Cole-Flex. 11. RACO; a Hubbell Company. 12. Thomas & Betts Corporation. LFNC: UL 1660. Fittings for LFNC: UL 514B. BOXES, ENCLOSURES, AND CABINETS r-1 Manufacturers: Subject to compliance with requirements, provide products by one of the following: l . Cooper Crouse -Hinds; Div. of Cooper Industries, Inc. 2. EGS/Appleton Electric. 3. Erickson Electrical Equipment Company. 4. Hoffman. 5. Hubbell Incorporated; Killark Electric Manufacturing Co. Division. 6. O-Z/Gedney; a unit of General Signal. 7. RACO; a Hubbell Company. 8. Robroy Industries, Inc.; Enclosure Division. L 9. Scott Fetzer Co.; Adalet Division. 10. Spring City Electrical Manufacturing Company.' 11. Thomas & Betts Corporation. l 12. Walker Systems, Inc.; Wiremold Company (The). 13. Woodhead, Daniel Company; Woodhead Industries, Inc. Subsidiary. F-I Sheet Metal Outlet and Device Boxes: NEMA OS 1. Cast -Metal Outlet and Device Boxes: NEMA FB 1, aluminum, Type FD, with gasketed cover. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1. Cast -Metal Access, Pull, and Junction Boxes: NEMA FB 1, galvanized, cast iron with gasketed cover. 1 Hinged -Cover Enclosures: NEMA 250, Type 1, with continuous -hinge cover with flush latch, unless otherwise indicated. 1. Metal Enclosures: Steel, finished inside and out with manufacturer's standard enamel. { ; RACEWAYS AND BOXES 3 16130 - 3 �5 G. Cabinets: 1. NEMA 250, Type 1, galvanized -steel box with removable interior panel and removable front, finished inside and out with manufacturer's standard enamel. 2. Hinged door in front cover with flush latch and concealed hinge. 3. Key latch to match panelboards. 4. Metal barriers to separate wiring of different systems and voltage. 5. Accessory feet where required for freestanding equipment. 2.4 SLEEVES FOR RACEWAYS A. Steel Pipe Sleeves: ASTM A 53/A 53M, Type E, Grade B, Schedule 40, galvanized steel, plain ends. B. Cast -Iron Pipe Sleeves: Cast or fabricated "wall pipe," equivalent to ductile -iron pressure pipe, with plain ends and integral waterstop, unless otherwise indicated. C. Sleeves for Rectangular Openings: Galvanized sheet steel with minimum 0.052- or 0.138-inch thickness as indicated and of length to suit application. D. Coordinate sleeve selection and application with selection and application of firestopping specified in Division 7 Section "Through -Penetration Firestop Systems." 2.5 SLEEVE SEALS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: l . Advance Products & Systems, Inc. 2. Calpico, Inc. 3. Metraflex Co. 4. Pipeline Seal and Insulator, Inc. B. Description: Modular sealing device, designed for field assembly, to fill annular space between sleeve and cable. 1. Sealing Elements: EPDM interlocking links shaped to fit surface of cable or conduit. Include type and number required for material and size of raceway or cable. 2. Pressure Plates: Plastic. Include two for each sealing element. 3. Connecting Bolts and Nuts: Carbon steel with corrosion -resistant coating of length required to secure pressure plates to sealing elements. Include one for each sealing element. PART 3 - EXECUTION 3.1 RACEWAY APPLICATION A. Outdoors: Apply raceway products as specified below, unless otherwise indicated: RACEWAYS AND BOXES 16130 - 4 113 C. 3.2 A. B. C. 1. Exposed Conduit: Rigid steel conduit. 2. Concealed Conduit, Aboveground: Rigid steel conduit. 3. Underground Conduit: RNC, Type EPC-40-PVC, direct buried. 4. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor -Driven Equipment): LFNC. 5. Boxes and Enclosures, Aboveground: NEMA 250, Type 3R. Comply with the following indoor applications, unless otherwise indicated: 1. Exposed, Not Subject to Physical Damage: EMT. 2. Exposed, Not Subject to Severe Physical Damage: EMT. 3. Exposed and Subject to Severe Physical Damage: Rigid steel conduit. Includes raceways in the following locations: a. Loading dock. b. Corridors used for traffic of mechanized carts, forklifts, and pallet -handling units. C. Mechanical rooms. 4. Concealed in Ceilings and Interior Walls and Partitions: EMT. 5. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor -Driven Equipment): FMC, except use LFMC in damp or wet locations. 6. Damp or Wet Locations: Rigid steel conduit. 7. Raceways for Optical Fiber or Communications Cable in Spaces Used for Environmental Air: Plenum -type, optical fiber/communications cable raceway. 8. Raceways for Optical Fiber or Communications Cable Risers in Vertical Shafts: EMT. 9. Raceways for Concealed General Purpose Distribution of Optical Fiber or Communications Cable: General -use, optical.fiber/communications cable raceway. 10. Boxes and Enclosures: NEMA 250, Type 1, except use NEMA 250, Type 4, stainless steel in damp or wet locations. Minimum Raceway Size: 1/2-inch trade size. Raceway Fittings: Compatible with raceways and suitable for use and location. I. Rigid Conduit: Use threaded rigid steel conduit fittings, unless otherwise indicated. 1 2. PVC Externally Coated, Rigid Steel Conduits: Use only fittings listed for use with that material. Patch and seal all joints, nicks, and scrapes in PVC coating after installing conduits and fittings. Use sealant recommended by fitting manufacturer. INSTALLATION Comply with NECA I for installation requirements applicable to products specified in Part 2 except where requirements on Drawings or in this Article are stricter. Keep raceways at least 6 inches away from parallel runs of flues and steam or hot-water pipes. Install horizontal raceway runs above water and steam piping. Complete raceway installation before starting conductor installation. RACEWAYS AND BOXES �f 16130 - 5 t D. Support raceways as specified in Division 16 Section "Electrical Supports and Seismic Restraints." E. Arrange stub -ups so curved portions of bends are not visible above the finished slab. F. Conceal conduit and EMT within finished walls, ceilings, and floors, unless otherwise indicated. G. Raceways Embedded in Slabs: 1. Run conduit larger than 1-inch trade size, parallel or at right angles to main reinforcement. Where at right angles to reinforcement, place conduit close to slab support. 2. Arrange raceways to cross building expansion joints at right angles with expansion fittings. 3. Change from ENT to RNC, Type EPC-40-PVC, rigid steel conduit, or IMC before rising above the floor. H. Threaded Conduit Joints, Exposed to Wet, Damp, Corrosive, or Outdoor Conditions: Apply listed compound to threads of raceway and fittings before making up joints. Follow compound manufacturer's written instructions. 1. Raceway Terminations at Locations Subject to Moisture or Vibration: Use insulating bushings to protect conductors, including conductors smaller than No. 4 AWG. J. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-1b tensile strength. Leave at least 12 inches of slack at each end of pull wire. K. Expansion -Joint Fittings for RNC: Install in each run of aboveground conduit that is located where environmental temperature change may exceed 30 deg F, and that has straight -run length that exceeds 25 feet. 1. Install expansion joint fittings for each of the following locations, and provide type and quantity of fittings that accommodate temperature change listed for location: a. Outdoor Locations Not Exposed to Direct Sunlight: 125 deg F temperature change. b. Outdoor Locations Exposed to Direct Sunlight: 155 deg temperature change. C. Indoor Spaces: Connected with the Outdoors without Physical Separation: 125 deg F temperature change. d. Attics: 135 deg F temperature change. 2. Install fitting(s) that provide expansion and contraction for at least 0.00041 inch per foot of length of straight run per deg F of temperature change. 3. Install each expansion joint fitting with position, mounting, and piston setting selected according to manufacturer's written instructions for conditions at specific location at the time of installation. L. Flexible Conduit Connections: Use maximum of 72 inches of flexible conduit for recessed and semirecessed lighting fixtures, equipment subject to vibration, noise transmission, or movement; and for transformers and motors. RACEWAYS AND BOXES 16130 - 6 1. Use LFMC in damp or wet locations subject to severe physical damage. 2. Use LFMC or LFNC in damp or wet locations not subject to severe physical damage. M. Recessed Boxes in Masonry Walls: Saw -cut opening for box in center of cell of masonry block, and install box flush with surface of wall. N. Set metal floor boxes level and flush with finished floor surface. 3.3 SLEEVE -SEAL INSTALLATION A. Install to seal underground, exterior wall penetrations. B. Use type and number of sealing elements recommended by manufacturer for raceway material and size. Position raceway in center of sleeve. Assemble mechanical sleeve seals and install in annular space between raceway and sleeve. Tighten bolts against pressure plates that cause sealing elements to expand and make watertight seal. 3.4 FIRESTOPPING A. Apply firestopping to electrical penetrations of fire -rated floor and wall assemblies to restore original fire -resistance rating of assembly. Firestopping materials and installation requirements are specified in Division 7 Section "Through -Penetration Firestop Systems." 3.5 PROTECTION A. Provide final protection and maintain conditions that ensure coatings, finishes, and cabinets are without damage or deterioration at time of Substantial Completion. 1. Repair damage to galvanized finishes with zinc -rich paint recommended by manufacturer. 2. Repair damage to PVC or paint finishes with matching touchup coating recommended by manufacturer. END OF SECTION 16130 f RACEWAYS AND BOXES 16130 - 7 i� _s SECTION 16441- SWITCHBOARDS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Service and distribution switchboards rated 600 V and less. 2. Transient voltage suppression devices. 3. Disconnecting and overcurrent protective devices. 4. Instrumentation. 5. Accessory components and features. 6. Identification. 1.3 SUBMITTALS A. Product Data: For each type of switchboard, overcurrent protective device, transient voltage suppression device, ground -fault protector, accessory, and component indicated. Include dimensions and manufacturers' technical data on features, performance, electrical characteristics, ratings, accessories, and finishes. B. Shop Drawings: For each switchboard and related equipment. 1. Include dimensioned plans, elevations, sections, and details, including required clearances and service space around equipment. Show tabulations of installed devices, equipment features, and ratings. 2. Detail enclosure types for types other than NEMA 250, Type 1. 3. Detail bus configuration, current, and voltage ratings. 4. Detail short-circuit current rating of switchboards and overcurrent protective devices. 5. Include descriptive documentation of optional barriers specified for electrical insulation and isolation. 6. Detail utility company's metering provisions with indication of approval by utility company. 7. Include evidence of NRTL listing for series rating of installed devices. 8. Detail features, characteristics, ratings, and factory settings of individual overcurrent protective devices and auxiliary components. 9. Include time -current coordination curves for each type and rating of overcurrent protective device included in switchboards. Submit on translucent log -log graft paper; include selectable ranges for each type of overcurrent protective device. 10. Include schematic and wiring diagrams for power, signal, and control wiring. SWITCHBOARDS 16441 - 1 1.4 C. Samples: Representative portion of mimic bus with specified material and finish, for color selection. D. Qualification Data: For qualified Installer. E. Field Quality -Control Reports: 1. Test procedures used. 2. Test results that comply with requirements. 3. Results of failed tests and corrective action taken to achieve test results that comply with requirements. F. Operation and Maintenance Data: For switchboards and components to include in emergency, operation, and maintenance manuals. In addition to items specified in Division 1 Section "Operation and Maintenance Data," include the following: 1. Routine maintenance requirements for switchboards and all installed components. 2. Manufacturer's written instructions for testing and adjusting overcurrent protective devices. 3. Time -current coordination curves for each type and rating of overcurrent protective device included in switchboards. Submit on translucent log -log graft paper; include selectable ranges for each type of overcurrent protective device. QUALITY ASSURANCE A. Installer Qualifications: An employer of workers qualified as defined in NEMA PB 2.1 and trained in electrical safety as required by NFPA 70E. B. Testing Agency Qualifications: Member company of NETA or an NRTL. 1. Testing Agency's Field Supervisor: Currently certified by NETA to supervise on -site testing. C. Source Limitations: Obtain switchboards, overcurrent protective devices, components, and accessories from single source from single manufacturer. D. Product Selection for Restricted Space: Drawings indicate maximum dimensions for switchboards including clearances between switchboards and adjacent surfaces and other items. Comply with indicated maximum dimensions. E. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. F. Comply with NEMA PB 2. G. Comply with NFPA 70. H. Comply with UL 891. z" SWITCHBOARDS 16441 - 2 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver switchboards in sections or lengths that can be moved past obstructions in delivery path. B. Remove loose packing and flammable materials from inside switchboards and install temporary electric heating (250 W per section to prevent condensation. C. Handle and prepare switchboards for installation according to NEMA PB 2.1. 1.6 PROJECT CONDITIONS A. Installation Pathway: Remove and replace access fencing, doors, lift -out panels, and structures to provide pathway for moving switchboards into place. B. Environmental Limitations: 1. Do not deliver or install switchboards until spaces are enclosed and weathertight, wet work in spaces is complete and dry, work above switchboards is complete, and temporary HVAC system is operating and maintaining ambient temperature and humidity conditions at occupancy levels during the remainder of the construction period. 2. Rate equipment for continuous operation under the following conditions unless otherwise indicated: a. Ambient Temperature: Not exceeding 104 deg F. b. Altitude: Not exceeding 6600 feet. C. Service Conditions: NEMA PB 2, usual service conditions, as follows: 1. Ambient temperatures within limits specified. 2. Altitude not exceeding 6600 feet. D. Interruption of Existing Electric Service: Do not interrupt electric service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary electric service according to requirements indicated: 1. Notify Architect, Construction Manager, and Owner no fewer than seven days in advance of proposed interruption of electric service. 2. Indicate method of providing temporary electric service. 3. Do not proceed with interruption of electric service without Owner's written permission. 4. Comply with NFPA 70E. 1.7 COORDINATION A. Coordinate layout and installation of switchboards and components with other construction that penetrates walls or is supported by them, including electrical and other types of equipment, raceways, piping, encumbrances to workspace clearance requirements, and adjacent surfaces. Maintain required workspace clearances and required clearances for equipment access doors and panels. SWITCHBOARDS 16441 - 3 f' rc B. Coordinate sizes and locations of concrete bases with actual equipment provided. Cast anchor - bolt inserts into bases. Concrete, reinforcement, and formwork requirements are specified in Division 3. 1.8 WARRANTY A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace transient voltage suppression devices that fail in materials or workmanship within specified warranty period. l . Warranty Period: Five years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 MANUFACTURED UNITS A. Manufacturers: Subject to compliance with requirements, provide products by one of the 1 1 following: Retain option in first paragraph below if manufacturer's name and model number are indicated in schedules or plans on Drawings; delete option and insert manufacturer's name and model number if not included on Drawings. 1. Square D; a brand of Schneider Electric. 2. Substitution by 10 day prior approval. B. Front- and Side -Accessible Switchboards: 1. Main Devices: Fixed, individually mounted. 2. Branch Devices: Panel mounted. _ 3. Sections front and rear aligned. C. Nominal System Voltage: 208Y/120 V. ffi D. Main -Bus Continuous: 2000A. ' E. Seismic Requirements: Fabricate and test switchboards according to IEEE 344 to withstand seismic forces defined in Division 16 Section "Vibration and Seismic Controls for Electrical Systems." F. Indoor Enclosures: Steel, NEMA 250, Type 1.-' G. Enclosure Finish for Indoor Units: Factory -applied finish in manufacturer's standard gray finish j over a rust -inhibiting primer on treated metal surface._ H. Barriers: Between adjacent switchboard sections. 1. Insulation and isolation for main bus of main section and main and vertical buses of feeder sections. i SWITCHBOARDS 16441 - 4 t i. 3 J. Removable, Hinged Rear Doors and Compartment Covers: Secured by captive thumb screws, for access to rear interior of switchboard. K. Hinged Front Panels: Allow access to circuit breaker, metering, accessory, and blank compartments. L. Buses and Connections: Three phase, four wire unless otherwise indicated. 1. Phase- and Neutral -Bus Material: Hard -drawn copper of 98 percent conductivity, silver- plated, with tin-plated copper feeder circuit -breaker line connections. 2. Load Terminals: Insulated, rigidly braced, runback bus extensions, of same material as through buses, equipped with mechanical connectors for outgoing circuit conductors. Provide load terminals for future circuit -breaker positions at full -ampere rating of circuit - breaker position. 3. Ground Bus: 1/4-by-2-inch-hard-drawn copper of 98 percent conductivity, equipped with mechanical connectors for feeder and branch -circuit ground conductors. For busway feeders, extend insulated equipment grounding cable to busway ground connection and support cable at intervals in vertical run. 4. Main Phase Buses and Equipment Ground Buses: Uniform capacity for entire length of switchboard's main and distribution sections. Provide for future extensions from both ends. 5. Neutral Buses: 100 percent of the ampacity of phase buses unless otherwise indicated, equipped with mechanical connectors for outgoing circuit neutral cables. Brace bus extensions for busway feeder neutral bus. 6. Isolation Barrier Access Provisions: Permit checking of bus -bolt tightness. M. Future Devices: Equip compartments with mounting brackets, supports, bus connections, and appurtenances at full rating of circuit -breaker compartment. N. Bus -Bar Insulation: Factory -applied, flame-retardant, tape wrapping of individual bus bars or flame-retardant, spray -applied insulation. Minimum insulation temperature rating of 105 deg C. 2.2 DISCONNECTING AND OVERCURRENT PROTECTIVE DEVICES A. Fused Switch: NEMA KS 1, Type HD; clips to accommodate specified fuses; lockable handle. B. Fuses are specified in Division 16 Section "Fuses." 2.3 IDENTIFICATION A. Mimic Bus: Entire single -line switchboard bus work, as depicted on factory record drawing, on a photoengraved nameplate. 1. Nameplate: At least 0.032-inch-thick anodized aluminum, located at eye level on front cover of the switchboard incoming service section. a B. Coordinate mimic -bus segments with devices in switchboard sections to which they are applied. Produce a concise visual presentation of principal switchboard components and connections. SWITCHBOARDS 16441 - 5 Fi C. Presentation Media: Painted graphics in color contrasting with background color to represent bus and components, complete with lettered designations. D. Service Equipment Label: NRTL labeled for use as service equipment for switchboards with one or more service disconnecting and overcurrent protective devices. PART 3 - EXECUTION 3.1 EXAMINATION A. Receive, inspect, handle, and store switchboards according to NEMA PB 2.1. B. Examine switchboards before installation. Reject switchboards that are moisture damaged or physically damaged. C. Examine elements and surfaces to receive switchboards for compliance with installation tolerances and other conditions affecting performance of the Work. D. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Install switchboards and accessories according to NEMA PB 2.1. B. Equipment Mounting: Install switchboards on concrete base, 4-inch nominal thickness. Comply with requirements for concrete base specified in Division 3 Section "Cast -in -Place Concrete." 1. Install dowel rods to connect concrete base to concrete floor. Unless otherwise indicated, install dowel rods on 18-inch centers around the full perimeter of concrete base. 2. For supported equipment, install epoxy -coated anchor bolts that extend through concrete base and anchor into structural concrete floor. 3. Place and secure anchorage devices. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 4. Install anchor bolts to elevations required for proper attachment to switchboards. C. Temporary Lifting Provisions: Remove temporary lifting eyes, channels, and brackets and temporary blocking of moving parts from switchboard units and components. D. Comply with mounting and anchoring requirements specified in Division 16 Section "Vibration and Seismic Controls for Electrical Systems." E. Operating Instructions: Frame and mount the printed basic operating instructions for switchboards, including control and key interlocking sequences and emergency procedures. 1 Fabricate frame of finished wood or metal and cover instructions with clear acrylic plastic. 7 Mount on front of switchboards. F. Install filler plates in unused spaces of panel -mounted sections. SWITCHBOARDS 16441 - 6 G. Install overcurrent protective devices, transient voltage suppression devices, and instrumentation. 1. Set field -adjustable switches and circuit -breaker trip ranges. H. Comply with NECA 1. 3.3 IDENTIFICATION A. Identify field -installed conductors, interconnecting wiring, and components; provide warning signs complying with requirements for identification specified in Division 16 Section "Electrical Identification." B. Switchboard Nameplates: Label each switchboard compartment with a nameplate complying with requirements for identification specified in Division 16 Section "Electrical Identification." C. Device Nameplates: Label each disconnecting and overcurrent protective device and each meter and control device mounted in compartment doors with a nameplate complying with requirements for identification specified in Division 16 Section "Electrical Identification." 3.4 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified testing agency to perform tests and inspections. B. Manufacturer's Field Service: Engage a factory -authorized service representative to inspect, test, and adjust components, assemblies, and equipment installations, including connections. C. Perform tests and inspections. 1. Manufacturer's Field Service: Engage a factory -authorized service representative to inspect components, assemblies, and equipment installations, including connections, and to assist in testing. D. Acceptance Testing Preparation: 1. Test insulation resistance for each switchboard bus, component, connecting supply, feeder, and control circuit. 2. Test continuity of each circuit. E. Tests and Inspections: 1. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. 2. Correct malfunctioning units on -site, where possible, `and retest to demonstrate compliance; otherwise, replace with new units and retest. 3. Perform the following infrared scan tests and inspections and prepare reports: a. Initial Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each switchboard. Remove front panels so joints and connections are accessible to portable scanner. , SWITCHBOARDS 16441 - 7 b. Follow-up Infrared Scanning: Perform an additional follow-up infrared scan of each switchboard 11 months after date of Substantial Completion. C. Instruments and Equipment: 1) Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. 4. Test and adjust controls, remote monitoring, and safeties. Replace damaged and malfunctioning controls and equipment. F. Switchboard will be considered defective if it does not pass tests and inspections. G. Prepare test and inspection reports, including a certified report that identifies switchboards included and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. 3.5 ADJUSTING A. Adjust moving parts and operable components to function smoothly, and lubricate as recommended by manufacturer. B. Set field -adjustable circuit -breaker trip ranges as indicated. 3.6 PROTECTION A. Temporary Heating: Apply temporary heat, to maintain temperature according to manufacturer's written instructions, until switchboard is ready to be energized and placed into service. j 3.7 DEMONSTRATION A. Engage a factory -authorized service representative to train Owner's maintenance personnel to adjust, operate, and maintain switchboards, overcurrent protective devices, instrumentation, and accessories. END OF SECTION 16441 SWITCHBOARDS 16441 - 8 9 SECTION 16442 - PANELBOARDS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Distribution panelboards. 2. Lighting and appliance branch -circuit panelboards. 1.3 DEFINITIONS A. SVR: Suppressed voltage rating. B. TVSS: Transient voltage surge suppressor. 1.4 SUBMITTALS A. Product Data: For each type of panelboard, switching and overcurrent protective device, transient voltage suppression device, accessory, and component indicated. Include dimensions and manufacturers' technical data on features, performance, electrical characteristics, ratings, and finishes. B. Shop Drawings: For each panelboard and related equipment. 1. Include dimensioned plans, elevations, sections, and details. Show tabulations of installed devices, equipment features, and ratings. 2. Detail enclosure types and details for types other than NEMA 250, Type 1. 3. Detail bus configuration, current, and voltage ratings. 4. Short-circuit current rating of panelboards and overcurrent protective devices. 5. Include evidence of NRTL listing for series rating of installed devices. 6. Detail features, characteristics, ratings, and factory settings of individual overcurrent protective devices and auxiliary components. 7. Include wiring diagrams for power, signal, and control wiring. 8. Include time -current coordination curves for each type and rating of overcurrent protective device included in panelboards. Submit on translucent log -log graft paper; include selectable ranges for each type of overcurrent protective device. C. Qualification Data: For qualified testing agency. I,, PANELBOARDS 16442 - 1 D. Seismic Qualification Certificates: Submit certification that panelboards, overcurrent protective devices, accessories, and components will withstand seismic forces defined in Division 16 Section "Vibration and Seismic Controls for Electrical Systems." Include the following: 1. Basis for Certification: Indicate whether withstand certification is based on actual test of assembled components or on calculation. 2. Dimensioned Outline Drawings of Equipment Unit: Identify center of gravity and locate and describe mounting and anchorage provisions. 3. Detailed description of equipment anchorage devices on which the certification is based and their installation requirements. E. Field Quality -Control Reports: 1. Test procedures used. 2. Test results that comply with requirements. 3. Results of failed tests and corrective action taken to achieve test results that comply with requirements. F. Panelboard Schedules: For installation in panelboards. Submit final versions after load balancing. G. Operation and Maintenance Data: For panelboards and components to include in emergency, operation, and maintenance manuals. In addition to items specified in Division 1 Section "Operation and Maintenance Data," include the following: 1. Manufacturer's written instructions for testing and adjusting overcurrent protective devices. 2. Time -current curves, including selectable ranges for each type of overcurrent protective - device that allows adjustments. f� 1.5 QUALITY ASSURANCE A. Testing Agency Qualifications: Member company of NETA or an NRTL. 1. Testing Agency's Field Supervisor: Currently certified by NETA to supervise on -site testing. B. Source Limitations: Obtain panelboards, overcurrent protective devices, components, and accessories from single source from single manufacturer. C. Product Selection for Restricted Space: Drawings indicate maximum dimensions for panelboards including clearances between panelboards and adjacent surfaces and other items. Comply with indicated maximum dimensions. IJI D. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. E. Comply with NEMA PB 1. F. Comply with NFPA 70. PANELBOARDS 16442 - 2 1.6 PROJECT CONDITIONS A. Environmental Limitations: 1. Do not deliver or install panelboards until spaces are enclosed and weathertight, wet work in spaces is complete and dry, work above panelboards is complete, and temporary HVAC system is operating and maintaining ambient temperature and humidity conditions at occupancy levels during the remainder of the construction period. 2. Rate equipment for continuous operation under the following conditions unless otherwise indicated: a. Ambient Temperature: Not exceeding 23 deg F to plus 104 deg F . b. Altitude: Not exceeding 6600 feet. B. Service Conditions: NEMA PB 1, usual service conditions, as follows: 1. Ambient temperatures within limits specified. 2. Altitude not exceeding 6600 feet. C. Interruption of Existing Electric Service: Do not interrupt electric service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary electric service according to requirements indicated: 1. Notify Architect, Construction Manager, and Owner no fewer than two days in advance of proposed interruption of electric service. 2. Do not proceed with interruption of electric service without Owner's written permission. 3. Comply with NFPA 70E. 1.7 COORDINATION A. Coordinate layout and installation of panelboards and components with other construction that penetrates walls or is supported by them, including electrical and other types of equipment, raceways, piping, encumbrances to workspace clearance requirements, and adjacent surfaces. Maintain required workspace clearances and required clearances for equipment access doors and panels. B. Coordinate sizes and locations of concrete bases with actual equipment provided. Cast anchor - bolt inserts into bases. Concrete, reinforcement, and formwork requirements are specified in Division 3. 1.8 WARRANTY A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace transient voltage suppression devices that fail in materials or workmanship within specified warranty period. Warranty Period: Five years from date of Substantial Completion. PANELBOARDS 16442 - 3 1.9 EXTRA MATERIALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Keys: Two> spares for each type of panelboard cabinet lock. PART 2 - PRODUCTS 2.1 GENERAL REQUIREMENTS FOR PANELBOARDS A. Fabricate and test panelboards according to IEEE 344 to withstand seismic forces defined in Division 16 Section "Vibration and Seismic Controls for Electrical Systems." B. Enclosures: Flush- and surface -mounted cabinets. 1. Rated for environmental conditions at installed location. a. Indoor Dry and Clean Locations: NEMA 250, Type 1. b. Outdoor Locations: NEMA 250, Type 3R. C. Other Wet or Damp Indoor Locations: NEMA 250, Type 4. d. Indoor Locations Subject to Dust, Falling Dirt, and Dripping Noncorrosive Liquids: NEMA 250, Type 12. 2. Front: Secured to box with concealed trim clamps. For surface -mounted fronts, match box dimensions; for flush -mounted fronts, overlap box. 3. Hinged Front Cover: Entire front trim hinged to box and with standard door within hinged trim cover. 4. Finishes: A a. Panels and Trim: Steel and galvanized steel, factory finished immediately after 1 cleaning and pretreating with manufacturer's standard two -coat, baked -on finish L' consisting of prime coat and thermosetting topcoat. b. Back Boxes: Same finish as panels and trim. 5. Directory Card: Inside panelboard door, mounted in transparent card holder. C. Incoming Mains Location: Top and bottom. r D. Phase, Neutral, and Ground Buses: 1. Material: Hard -drawn copper, 98 percent conductivity. 2. Equipment Ground Bus: Adequate for feeder and branch -circuit equipment grounding conductors; bonded to box. 3. Isolated Ground Bus: Adequate for branch -circuit isolated ground conductors; insulated from box. 4. Extra -Capacity Neutral Bus: Neutral bus rated 200 percent of phase bus and UL listed as suitable for nonlinear loads. ; E. Conductor Connectors: Suitable for use with conductor material and sizes. PANELBOARDS 16442 - 4_i �s r 1. Material: Hard -drawn copper, 98 percent conductivity. 2. Main and Neutral Lugs: Mechanical type. 3. Ground Lugs and Bus -Configured Terminators: Mechanical type. 4. Feed -Through Lugs: Mechanical type, suitable for use with conductor material. Locate at opposite end of bus from incoming lugs or main device. 5. Subfeed (Double) Lugs: Mechanical type suitable for use with conductor material. Locate at same end of bus as incoming lugs or main device. 6. Extra -Capacity Neutral Lugs: Rated 200 percent of phase lugs mounted on extra - capacity neutral bus. F. Service Equipment Label: NRTL labeled for use as service equipment for panelboards or load centers with one or more main service disconnecting and overcurrent protective devices. G. Future Devices: Mounting brackets, bus connections, filler plates, and necessary appurtenances required for future installation of devices. H. Panelboard Short -Circuit Current Rating: Fully rated to interrupt symmetrical short-circuit current available at terminals. 2.2 DISTRIBUTION PANELBOARDS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Square D; a brand of Schneider Electric. 2. Substitution by 10 day prior approval. B. Panelboards: NEMA PB 1, power and feeder distribution type. C. Doors: Secured with vault -type latch with tumbler lock; keyed alike. 1. For doors more than 36 inches high, provide two latches, keyed alike. D. Mains: Circuit breaker or Lugs only. E. Branch Overcurrent Protective Devices for Circuit -Breaker Frame Sizes 125 A and Smaller: Bolt -on circuit breakers. F. Branch Overcurrent Protective Devices for Circuit -Breaker Frame Sizes Larger than 125 A: Bolt -on circuit breakers; plug-in circuit breakers where individual positive -locking device requires mechanical release for removal. 2.3 LIGHTING AND APPLIANCE BRANCH -CIRCUIT PANELBOARDS { A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Eaton Electrical Inc.; Cutler -Hammer Business Unit. 2. General Electric Company; GE Consumer & Industrial - Electrical Distribution. 3. Square D; a brand of Schneider Electric. PANELBOARDS 16442 - 5 I B. Panelboards: NEMA PB 1, lighting and appliance branch -circuit type. C. Mains: Circuit breaker or lugs only. D. Branch Overcurrent Protective Devices: Bolt -on circuit breakers, replaceable without disturbing adjacent units. E. Doors: Concealed hinges; secured with flush latch with tumbler lock; keyed alike. 2.4 DISCONNECTING AND OVERCURRENT PROTECTIVE DEVICES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Eaton Electrical Inc.; Cutler -Hammer Business Unit. 2. General Electric Company; GE Consumer & Industrial - Electrical Distribution. 3. Square D; a brand of Schneider Electric. B. Molded -Case Circuit Breaker (MCCB): Comply with UL 489, with interrupting capacity to meet available fault currents. L Thermal -Magnetic Circuit Breakers: Inverse time -current element for low-level overloads, and instantaneous magnetic trip element for short circuits. Adjustable magnetic trip setting for circuit -breaker frame sizes 250 A and larger. 2. Ground -Fault Equipment Protection (GFEP) Circuit Breakers: Class B ground -fault , protection (30-mA trip). 3. Molded -Case Circuit -Breaker (MCCB) Features and Accessories: a. Standard frame sizes, trip ratings, and number of poles. b. Lugs: Mechanical style, suitable for number, size, trip ratings, and conductor materials. C. Application Listing: Appropriate for application; Type SWD for switching fluorescent lighting loads; Type HID for feeding fluorescent and high -intensity discharge (HID) lighting circuits. d. Ground -Fault Protection: Integrally mounted relay and trip unit with adjustable pickup and time -delay settings, push -to -test feature, and ground -fault indicator. e. Multipole units enclosed in a single housing or factory assembled to operate as a single unit. f. Handle Padlocking Device: Fixed attachment, for locking circuit -breaker handle in off position. g. Handle Clamp: Loose attachment, for holding circuit -breaker handle in on position. PART 3-EXECUTION 3.1 EXAMINATION A. Receive, inspect, handle, and store panelboards according to NECA 407. PANELBOARDS 16442 - 6 s� B. Examine panelboards before installation. Reject panelboards that are damaged or rusted or have been subjected to water saturation. C. Examine elements and surfaces to receive panelboards for compliance with installation tolerances and other conditions affecting performance of the Work. D. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Install panelboards and accessories according to NECA 407. B. Temporary Lifting Provisions: Remove temporary lifting eyes, channels, and brackets and temporary blocking of moving parts from panelboards. C. Mount top of trim 90 inches above finished floor unless otherwise indicated. - - D. Mount panelboard cabinet plumb and rigid without distortion of box. Mount recessed panelboards with fronts uniformly flush with wall finish and mating with back box. E. Install overcurrent protective devices and controllers not already factory installed. 1 1. Set field -adjustable, circuit -breaker trip ranges. F. Install filler plates in unused spaces. G. Stub four 1-inch empty conduits from panelboard into accessible ceiling space or space designated to be ceiling space in the future. Stub four 1-inch empty conduits into raised floor space or below slab not on grade. H. Arrange conductors in gutters into groups and bundle and wrap with wire ties after completing load balancing. I. Comply with NECA 1. 3.3 IDENTIFICATION A. Identify field -installed conductors, interconnecting wiring, and components; provide warning signs complying with Division 16 Section "Electrical Identification." B. Create a directory to indicate installed circuit loads after balancing panelboard loads; incorporate Owner's final room designations. Obtain approval before installing. Use a computer or typewriter to create directory; handwritten directories are not acceptable. C. Panelboard Nameplates: Label each panelboard with a nameplate complying with requirements for identification specified in Division 16 Section"Electrical Identification." D. Device Nameplates: Label each branch circuit device in distribution panelboards with a nameplate complying with requirements for identification specified in Division 16 Section "Electrical Identification." PANELBOARDS 16442 - 7 3.4 FIELD QUALITY CONTROL A. Manufacturer's Field Service: Engage a factory -authorized service representative to inspect, test, and adjust components, assemblies, and equipment installations, including connections. B. Acceptance Testing Preparation: 1. Test insulation resistance for each panelboard bus, component, connecting supply, feeder, and control circuit. 2. Test continuity of each circuit. C. Tests and Inspections: 1. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. 2. Correct malfunctioning units on -site, where possible, and retest to demonstrate compliance; otherwise, replace with new units and retest. D. Panelboards will be considered defective if they do not pass tests and inspections. E. Prepare test and inspection reports, including a certified report that identifies panelboards included and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. 3.5 ADJUSTING A. Adjust moving parts and operable component to function smoothly, and lubricate as recommended by manufacturer. B. Load Balancing: After Substantial Completion, but not more than 60 days after Final Acceptance, measure load balancing and make circuit changes. 1. Measure as directed during period of normal system loading. 2. Perform load -balancing circuit changes outside normal occupancy/working schedule of the facility and at time directed. Avoid disrupting critical 24-hour services such as fax machines and on-line data processing, computing, transmitting, and receiving equipment. 3. After circuit changes, recheck loads during normal load period. Record all load readings before and after changes and submit test records. 4. Tolerance: Difference exceeding 20 percent between phase loads, within a panelboard, is not acceptable. Rebalance and recheck as necessary to meet this minimum requirement. 3.6 PROTECTION 1_ l A. Temporary Heating: Apply temporary heat to maintain temperature according to manufacturer's written instructions. END OF SECTION 16442 PANELBOARDS 16442 - 8 t_ 2 SECTION 16461 - LOW -VOLTAGE TRANSFORMERS PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following types of dry -type transformers rated 600 V and less, with capacities up to 1000 kVA: 1. Distribution transformers. 1.3 SUBMITTALS A. Product Data: Include rated nameplate data, capacities, weights, dimensions, minimum clearances, installed devices and features, and performance for each type and size of transformer indicated. B. Shop Drawings: Detail equipment assemblies and indicate dimensions, weights, loads, required clearances, method of field assembly, components, and location and size of each field connection. 1. Wiring Diagrams: Power, signal, and control wiring. C. Qualification Data: For testing agency. D. Source quality -control test reports. E. Field quality -control test reports. F. Operation and Maintenance Data: For transformers to include in emergency, operation, and maintenance manuals. 1.4 QUALITY ASSURANCE A. Testing Agency Qualifications: An independent agency, with the experience and capability to conduct the testing indicated, that is a nationally recognized testing laboratory (NRTL) as defined by OSHA in 29 CFR 1910.7. B. Source Limitations: Obtain each transformer type through one source from a single manufacturer. LOW -VOLTAGE TRANSFORMERS 16461 - 1 C. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. D. Comply with IEEE C57.12.91, "Test Code for Dry -Type Distribution and Power Transformers." 1.5 DELIVERY, STORAGE, AND HANDLING A. Temporary Heating: Apply temporary heat according to manufacturer's written instructions within the enclosure of each ventilated -type unit, throughout periods during which equipment is not energized and when transformer is not in a space that is continuously under normal control of temperature and humidity. 1.6 COORDINATION A. Coordinate size and location of concrete bases with actual transformer provided. Cast anchor - bolt inserts into bases. Concrete, reinforcement, and formwork requirements are specified in Division 3. B. Coordinate installation of wall -mounting and structure -hanging supports with actual transformer provided. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Eaton Electrical Inc.; Cutler -Hammer Products. 2. General Electric Company. 3. Square D; Schneider Electric. 2.2 GENERAL TRANSFORMER REQUIREMENTS A. Description: Factory -assembled and -tested, air-cooled units for 60-Hz service. B. Cores: Grain -oriented, non -aging silicon steel. C. Coils: Continuous windings without splices except for taps. 1. Internal Coil Connections: Brazed or pressure type. 2. Coil Material: Copper. iH tJ i LOW -VOLTAGE TRANSFORMERS 16461 - 2 i i �_t 2.3 DISTRIBUTION TRANSFORMERS A. Comply with NEMA ST 20, and list and label as complying with UL 1561. B. Provide transformers that are constructed to withstand seismic forces specified in Division 16 Section "Electrical Supports and Seismic Restraints." C. Cores: One leg per phase. D. Transformer Enclosure Finish: Comply with NEMA 250. 1. Finish Color: ANSI 61 gray. E. Taps for Transformers 25 kVA and Larger: Two 2.5 percent taps above and four 2.5 percent taps below normal full capacity. F. Insulation Class: 220 deg C, UL-component-recognized insulation system with a maximum of 80 deg C rise above 40 deg C ambient temperature. G. Energy Efficiency for Transformers Rated 15 kVA and Larger: 1. Complying with NEMA TP 1, Class 1 efficiency levels. 2. Tested according to NEMA TP 2. H. K-Factor Rating: Transformers indicated to be K-factor rated shall comply with UL 1561 requirements for nonsinusoidal load current -handling capability to the degree defined by designated K-factor. 1. Unit shall not overheat when carrying full -load current with harmonic distortion corresponding to designated K-factor. 2. Indicate value of K-factor on transformer nameplate. I. Electrostatic Shielding: Each winding shall have an independent, single, full -width copper electrostatic shield arranged to minimize interwinding capacitance. 1. Arrange coil leads and terminal strips to minimize capacitive coupling between input and output terminals. 2. Include special terminal for grounding the shield. 3. Shield Effectiveness: a. Capacitance between Primary and Secondary Windings: Not to exceed 33 picofarads over a frequency range of 20 Hz to 1 MHz. b. Common -Mode Noise Attenuation: Minimum of minus 120 dBA at 0.5 to 1.5 kHz; minimum of minus 65 dBA at 1.5 to 100 kHz. C. Normal -Mode Noise Attenuation: Minimum of minus 52 dBA at 1.5 to 10 kHz. J. Wall Brackets: Manufacturer's standard brackets. K. Fungus Proofing: Permanent fungicidal treatment for coil and core. L. Low -Sound -Level Requirements: Minimum of 3 dBA less than NEMA ST 20 standard sound levels when factory tested according to IEEE C57.12.91. LOW -VOLTAGE TRANSFORMERS 16461 - 3 2.4 IDENTIFICATION DEVICES A. Nameplates: Engraved, laminated -plastic or metal nameplate for each distribution transformer, mounted with corrosion -resistant screws. Nameplates and label products are specified in Division 16 Section "Electrical Identification." 2.5 SOURCE QUALITY CONTROL A. Test and inspect transformers according to IEEE C57.12.91. B. Factory Sound -Level Tests: Conduct sound -level tests on equipment for this Project. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine conditions for compliance with enclosure- and ambient -temperature requirements for each transformer. B. Verify that field measurements are as needed to maintain working clearances required by NFPA 70 and manufacturer's written instructions. C. Examine walls, floors, roofs, and concrete bases for suitable mounting conditions where transformers will be installed. D. Verify that ground connections are in place and requirements in Division 16 Section "Grounding and Bonding" have been met. Maximum ground resistance shall be 5 ohms at location of transformer. E. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Install wall -mounting transformers level and plumb with wall brackets fabricated by transformer manufacturer. 1. Brace wall -mounting transformers as specified in Division 16 Section "Electrical Supports and Seismic Restraints." B. Construct concrete bases and anchor floor -mounting transformers according to manufacturer's written instructions. 3.3 CONNECTIONS A. Ground equipment according to Division 16 Section "Grounding and Bonding." B. Connect wiring according to Division 16 Section "Conductors and Cables." LOW -VOLTAGE TRANSFORMERS 16461 - 4 3.4 FIELD QUALITY CONTROL A. Manufacturer's Field Service: Engage a factory -authorized service representative to inspect, test, and adjust components, assemblies, and equipment installations, including connections. Report results in writing. B. Perform tests and inspections and prepare test reports. 1. Manufacturer's Field Service: Engage a factory -authorized service representative to inspect components, assemblies, and equipment installations, including connections, and to assist in testing. C. Tests and Inspections: 1. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. D. Remove and replace units that do not pass tests or inspections and retest as specified above. E. Test Labeling: On completion of satisfactory testing of each unit, attach a dated and signed "Satisfactory Test" label to tested component. 3.5 ADJUSTING A. Record transformer secondary voltage at each unit for at least 48 hours of typical occupancy period. Adjust transformer taps to provide optimum voltage conditions at secondary terminals. Optimum is defined as not exceeding nameplate voltage plus 10 percent and not being lower than nameplate voltage minus 3 percent at maximum load conditions. Submit recording and tap settings as test results. B. Output Settings Report: Prepare a written report recording output voltages and tap settings. 3.6 CLEANING A. Vacuum dirt and debris; do not use compressed air to assist in cleaning. END OF SECTION 16461 LOW -VOLTAGE TRANSFORMERS 16461 - 5 SECTION 16491 - FUSES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Cartridge fuses rated 600 V and less for use in switchboards. 2. Spare -fuse cabinets. 1.3 SUBMITTALS A. Product Data: Include the following for each fuse type indicated: _i 1. Dimensions and manufacturer's technical data on features, performance, electrical - characteristics, and ratings. 2. Let -through current curves for fuses with current -limiting characteristics. j 3. Time -current curves, coordination charts and tables, and related data. 4. Fuse size for elevator feeders and elevator disconnect switches. B. Ambient Temperature Adjustment Information: If ratings of fuses have been adjusted to accommodate ambient temperatures, provide list of fuses with adjusted ratings. I 1. For each fuse having adjusted ratings, include location of fuse, original fuse rating, local I J ambient temperature, and adjusted fuse rating. 2. Provide manufacturer's technical data on which ambient temperature adjustment calculations are based. C. Operation and Maintenance Data: For fuses to include in emergency, operation, and maintenance manuals. I. In addition to items specified in Division 1 Section "Closeout Procedures," include the following: i_ a. Let -through current curves for fuses with current -limiting characteristics. b. Time -current curves, coordination charts and tables, and related data. i C. Ambient temperature adjustment information. FUSES 16491 - 1 1.4 QUALITY ASSURANCE A. Source Limitations: Obtain fuses from a single manufacturer. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. C. Comply with NEMA FU 1. D. Comply with NFPA 70. 1.5 PROJECT CONDITIONS A. Where ambient temperature to which fuses are directly exposed is less than 40 deg F or more than 100 deg F, apply manufacturer's ambient temperature adjustment factors to fuse ratings. 1.6 COORDINATION A. Coordinate fuse ratings with utilization equipment nameplate limitations of maximum fuse size. 1.7 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Fuses: Quantity equal to 5 percent of each fuse type and size, but no fewer than 3 of each type and size. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Cooper Bussman, Inc. 2. Eagle Electric Mfg. Co., Inc.; Cooper Industries, Inc. 3. Ferraz Shawmut, Inc. 4. Tracor, Inc.; Littelfuse, Inc. Subsidiary. FUSES 16491 - 2 2.2 CARTRIDGE FUSES A. Characteristics: NEMA FU 1, nonrenewable cartridge fuse; class and current rating indicated; voltage rating consistent with circuit voltage. 2.3 SPARE -FUSE CABINET A. Cabinet: Wail -mounted, 0.05-inch-thick steel unit with full-length, recessed piano -hinged door and key -coded cam lock and pull. 1. Size: Adequate for storage of spare fuses specified with 15 percent spare capacity minimum. 2. Finish: Gray, baked enamel. 3. Identification: "SPARE FUSES" in 1-1/2-inch-high letters on exterior of door. 4. Fuse Pullers: For each size of fuse. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine utilization equipment nameplates and installation instructions. Install fuses of sizes and with characteristics appropriate for each piece of equipment. B. Evaluate ambient temperatures to determine if fuse rating adjustment factors must be applied to fuse ratings. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 FUSE APPLICATIONS A. Service Entrance: Class RK1, time delay. B. Feeders: Class LRKI, time delay. C. Motor Branch Circuits: Class RKl, time delay. D. Other Branch Circuits: Class RKl, time delay. 3.3 INSTALLATION A. Install fuses in fusible devices. Arrange fuses so rating information is readable without removing fuse. B. Install spare -fuse cabinet(s). FUSES 16491 - 3 3.4 IDENTIFICATION A. Install labels indicating fuse replacement information on inside door of each fused switch. END OF SECTION 16491 FUSES 16491 - 4