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HomeMy WebLinkAboutResolution - 2017-R0100 - West Techs Chill Water Specialists, LLC - 03_09_2017 (2)Resolution No. 2017-RO100 Item No. 6.14 March 9, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract, consistent with the terms and conditions attached hereto, for replacement of a rooftop mounted air handler unit for the Lubbock Preston Smith International Airport Terminal Building, by and between the City of Lubbock and West Techs Chill Water Specialists, LLC, of Abilene, Texas, and related documents, Said terms and conditions are 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 on March 9, 2017 DANIEL M. POPE, MAYOR ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: 4movu elly Campbell, Direc or of Aviation First Assistant City Attorney RES.Contract-West Techs Chill Water Specialists, LLC 2.09.17 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-172509 Date Filed: 02/28/2017 Date Acknowledged: 03/01/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. West Techs Chill Water Specialist, LLC Abilene, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 17-13206-TF HVAC, Chiller, Boiler, Controls - Service and maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos, 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-172509 West Techs Chill Water Specialist, LLC Abilene, TX United Stales Date Filed: 02/2812017 2 Name of governmental entity or state agency that is a party to the contract for which t e form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 17-13206-TF HVAC, Chiller, Boiler, Controls - Service and maintenance 4 Name of Interested Party City, Stale, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only If there Is NO Interested Party. X 6 AFFIDAVIT I IIsweear, or affirm, under penalty of perjury, that the above disclosure is true and correct. CHRISTY 4E1GN SA�'._+?' Notoly?ubIIC. SMy Commissi'Jul 10. n2019 y Signature of aulhoriz • ent of conlractir�busi ess entity AFFIX NOTARY STAMP I SEAL ABOVE2)�y Sworn toandsubscribed before me, by the said `` this the /�� day of 20 ) 1 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Couirnission vnr✓w.eth1Cs.state.tx.us Version V1.0.277 BOND CHECK BEST RATING: LICENSED IN TEXAS DATE: BY: CONTRACT AWARD DATE: March 9, 2017 CITY OF LUBBOCK SPECIFICATIONS FOR Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building ITB 17-13206-TF CONTRACT 13206 PROJECT NUMBER: 92438 Plans & Specifications may be obtained from BidSync.com 2017 CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE Pau Intentionally Left Blank City of Lubbock, TX ITB 17-13206-TF Contractor Checklist Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original unbound copy of every item listed. 1. J Carefully read and understand the plans and specifications and properly complete the BID 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. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken."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. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 4. V&J Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management / Office prior to the deadline. Late bids will not be accepted. 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 flint's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. ,/ Complete and submit the CONFLICT OF INTEREST QUESTIONNAIRE. 9. Complete and submit the LIST OF SUB -CONTRACTORS. 10. Complete and sign the Disadvantaged Business Enterprise Utilization form. 11. Complete and sign the Disadvantaged Business Enterprise Letter of Intent. 12. Complete the Disadvantage Business Enterprise Bidder's list. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 13. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED: 14. Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM 1295 within the specified time according to Texas Government Code 2252.908 using the Texas Ethics Commission website. 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. VA%T Tt�s CIktu- �,�-�t sis< L -c- (Type or Print Company Name) Pate Intentionally Left Blank INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND (IF APPLICABLE) - 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 _ 10. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES 11. GENERAL CONDITIONS OF THE AGREEMENT 12. DAVIS BACON WAGE DETERMINATIONS 13. SPECIAL CONDITIONS (IF APPLICABLE) 14. SPECIFICATIONS 2 Page Intentionally Left Blank CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1 - a and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-172509 Date Filed: 02/28/2017 Date Acknowledged: 03/01/2017 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. West Techs Chill Water Specialist, LLC Abilene, TX United States 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 17-1"TF HVAC, Chiller, Boiler, Controls - Service and maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2017-172509 1 Name of business entity filing form, and the city, slate and country of the business entity's place of business. West Techs Chill Water Specialist, LLC Abilene, TX United States Date Filed: 02/2812017 2 Name of governmental entity or state agency that Is a party to the contract for which t e o -is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 17-13206-TF HVAC, Chiller, Boiler, Controls- Service and maintenance 4 Name of Interested Party City, Slate, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only It there is NO Interested Party. ❑ X 6 AFFIDAVIT ANT for affirm, under penaltyof perjury, that the above disclosure is true and correct. CHSENMEYER r ' CHRISI'f tPublic. Notolytate of TerasMy Con ExPltes 2019 Signature of authorlz&4gent of contracti bus) ess entity AFFIX NOTARY STAMP / SEAL ABOVE jfJ�j Sworn to and subscribed before me, by the said t lrtSL this the day of. l ' !A A , 20 1 " e , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms proviaea by 1 exas Utnres Gomnlissron www.eIMcs.state,tx.us Version V1.0.271 NOTICE TO BIDDERS ITB 17-13206-TF Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 p.m., on February 8, 2017, 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: Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at until 2:00 p.m., on February 8, 2017 and the City of Lubbock City Council will consider the bids on March 9, 2017, at the City Hall, 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 $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. 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 January 31, 2017, at 10:00AM at Lubbock Preston Smith International Airport, 5401 N Martin L King Blvd, Lubbock, TX 79403. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from http://www.bidsync.com at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further 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 established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, it is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. All bidders shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26 to subcontract 8.8 % of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). Details of such requirement are contained in the specifications. 49 CFR Part 26 provides that each contract the owner signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) shall include the following assurance: The contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation (DOT) assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 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 response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Marta ACvarez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT 4 GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m., on February 8, 2017 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 17-13206-TF, Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building" 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: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management 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 Y transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an [ ' addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held on January 31, 2017, at 10:00AM at Lubbock Preston Smith International Airport, 5401 N Martin L King Blvd, Lubbock, TX 79403. 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. 3 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 Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.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 Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. i 5 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 Purchasing and Contract Management 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 City does not assume responsibility for the receipt of any addendum sent to bidders. 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 Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office 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 bid closing date. 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 portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. {" r i { 7 7 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. 8 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. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with 1 - 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 i, exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS ` It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered .. by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be 1 the bidder's responsibility to advise the Purchasing and Contract Management Office if anv lanauaize. 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 i the City of Lubbock Purchasing and Contract Management 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: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contract Management Office 1625 131h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFloresgmylubbock.us Bidsync: www.bidsvnc.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 135 Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the 9 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 TWO years 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. 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 five 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 k 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, 4 at Contractor's expense. F 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 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 c 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. �t 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. 24 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. 25 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 ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS AND COMPLETED OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 26 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. 10 j 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 Sunday 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 Sunday 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 shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. 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 ($60) 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, and all. blank spaces in the form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 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: 29.3.1 Bidder's name: 29.3.2 Bid for "ITB 17-13206-TF, Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building" 31 29.3.3 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. 29.4 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. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 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. 12 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 Bid Item 1 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 i 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 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 13 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: - http://www.wdol.gov/dba.aspx 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 to the City of Lubbock sixty dollars ($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. 14 rf [s BID SUBMITTAL FORM Page Intentionally Left Blank BID SUBMITTAL FORM LUMP SUM PRICE CONTRACT PROJECT NUMBER: ITB 17-13206-TF, Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building Bid of T�6pI11, WATm 2agLAk. —s LLG (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 Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building, 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 bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. BASE BID: ITEM DESCRIPTION TOTAL LUMP SUM NO. Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building Base bid consists of the materials and Iabor for the necessary improvements for the above referenced project, as specified herein. 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 135 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 $25 for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. -' Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within 10 business days after notice of award of the contract to him Bidder's Initials 2 [1 E - Enclosed with this bid Is a Cashier's Check or Certified Check ror Dollars (5or a Sid Bond In the sum of 5'11 Dollars (S / 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 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 t documents made available to him for his inspection in accordance with the Notice to Bidders. 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. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda MIM—WA EUM ._ 1111 S M Authori2ed Signature {l�liS (�RtC ul E ( l (Printed or Typed Name) Company _ AdMLEUE , - AiLOR City, � c {c'a3 State Zip Code Telephone: 32S . �12 -46t�6 Fax: 77 Addenda No. Date FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. Date Addenda No. Date _ 76 Q$ 156 Addenda No. Date EMAIL: TGC.E 1 APSe WSiT `oaikS . Cor'i Mf%VBE Finn: woman I Black American I Native Antencan Hisp=ic American I Minn Pacific American I Other (SpMiW FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named F'trmfindividual: Date of Award by City Council (for bids over S50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS. LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. t x Bid Bond Surety Department KNOW ALL MEN BY THESE PRESENTS, That we, West Techs Chill Water Specialist, LLC, as Principal, hereinafter called the Principal, and the Washington International Insurance Company, a Corporation created and existing under the laws of the State of New Hamoshire, whose principal office is in Schaumburg, IL as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Lubbock, Texas, as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Greatest Amount Bid ($-----5%------- ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for ITB 17-13206-TF, Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of February, 2017. Attest: By: �-"'t' By Witness West Techs Chill Water Specialist, LLC { i aa— J Public, a;TQ Notary ID #12485575-4 My Commission pi 11-2020 Washington International Insurance Company By Kevin J. D nn, orney-in-Fact (SEAL) Form S-3266 4 Printed in U.S.A. 12-70 KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New l lampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: W. LAWRENCE BROWN, TRACY TUCKER, KEVIN J. DUNN and STEVEN TUCKER JOINTLY OR SEVERALLY Its true and lawful Aliumcy(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (W,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International insurance Company at meetings duly called and held on the 9* of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attomey to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is y FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surely to which it is attached." By tit ubi t SEAL ;� su+ r. Ao�m+� seats. vke �rea�aea� aw„ehpoa tn�ern„�and �mmmce Compeer l SEAL i :fy IRS �y;n h SnOw Yke Prnldent of Nettk Amninr Spedthj Intrraan Company # j By � tr oavfd At. toymam. Vke Prtfldeot orwnhkWon Imkmollawat fmvrame Company A Vke rn ddant ON" Amerkan Speeralty ►n.oranm company iN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized oRcers this26th day of June 2012 , North American Specialty insurance Company Washington International insurance Company Statc of Illinois County of Cook ss' On this 26th day of June 20 12, before me, a Notary Public personally appeared Steven P, Andcrson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M, Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFACIALSEAL" DONNAD.SKLEN5 NotuyPablic.SuueofdWaols Donna D. Sklens, Notary Public M Commisioa IQR1fMI5 1, Jeffrey Ggll&m . the duly elected Assistant Secrctgfy of Notch American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty insurance Company and Washington International Insurance Company, which is still in full force and effect. i IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this Sth day off February 20 1717 , Jeffmy noldbaft, Vko praidmi A At ktw seaowy of Waaff" ImemuirnW Imwnnn Camp=7 A Nmth Amm m speehlty katmaaa Compwy Pale I ntentionally Left Blank City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Bidder Must be submitted with Bid r I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me and my 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. Contractor (Original Signature) CONTRACTOR'S BUSINESS NAME: (Print or Type) Contractor (Print) CONTRACTOR'S FIRM ADDRESS: 1 42 kt. CL" LLG 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 the Director of Purchasing & Contract Management Office for the City of Lubbock at (806) 775-2572. ITB 17-13206-TF Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building CI Page Intentionally Left Blank City of Lubbock, TX 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 incidents 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 from 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 NQ 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. j( Bidder's Initials I Bp. j QUESTION TWO s 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 environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice 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. YES NO ~� If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, Iocation where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? / YES NO `► If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: a Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. A&MOlk Signature - City of Lubbock, TX 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 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. 1, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: _FW44'6 CHILL WOW odusms �-�• FEDERAL TAX ID or SOCIAL SECURITY No. to — Ob45.115' Signature of Company Official: Printed name of company official signing Date Sianed: 9 Pa2e Intentionally Left Blank DBE CONTRACTING REQUIREMENT AND FORMS Instructions to Bidders Part A provides information about the requirement. P Part B establishes the City of Lubbock's goal for DBE participation for this prime contract and provides the basis for the bidder to demonstrate how the goal will be met. • DBE Utilization form — indicates if bidder intends to meet the City's DBE participation goal or not. If not, then the bidder is required to demonstrate what good faith efforts were used in setting a goal. • Bidders list provides a summary of all subcontractors who bid on the project. • Letter of Intent provides the required information the City needs on the proposed subcontractors that the prime proposes to use on the contract whether they are small businesses, minority owned, and women owned, or are certified DBEs 1.; C, 4 DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS (49 CFR PART 26) PART A Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all contractors shall take all necessary nd reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT -assisted contracts. Compliance. All bidders, potential contractors or subcontractors for this DOT -assisted contract are hereby notified that failure to carry out the DOT policy and the obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the owner. Subcontract Clauses. All bidders and potential contractors hereby assure that they will include the above clauses in all subcontracts which offers further subcontracting opportunities. Prompt Pam The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the recipient. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the recipient. This clause applies to both DBE and non -DBE subcontractor. PART B It is further understood and agreed: The award procedure for this solicitation will include the selection criteria of 49 CFR Part 26 (i) to ensure that prime contracts are awarded to competitors that meet Disadvantaged Business Enterprise (DBE) goals. Notification is hereby given that DBE goals are established for this prime contract. The goal for firms owned and controlled by socially and economically disadvantaged individuals is 8_8 percent of the dollar value of this contract. As a matter of RESPONSIVENESS to the City's bid submittal process, each bidder shall submit, along with their bid, the names and addresses of the DBE firms that will participate in the contract along with a description of the work to be performed by each named firm and the dollar value for each contract (subcontract), the age of the firm and the frrm's annual gross receipts. If the responses do not clearly show DBE participation will meet the goals above, the bidder must provide documentation clearly demonstrating, to the satisfaction of the airport sponsor, that it made good faith efforts in attempting to do so and that meeting said goals is not reasonably possible. A bid that fails to meet these requirements will be considered non -responsive. In order to demonstrate how the bidder will meet the goal, bidder shall submit with the bid submittal the following: I `4_J � . 3 I i i i 1� 1. DBE Utilization form 2 Letter of Intent 3. Bidder's List Good Faith Effort. (Note: This clause is only required if contract goals are used). The following actions, by the bidder/offeror, are generally considered a sign of good faith effort. This list is not exclusive or exhaustive, but should be used as a guide in determining good faith effort. 1. Attendance at pre -bid meetings scheduled to inform DBE's of the project. 2. Advertisement in a newspaper of general circulation, trade association and minority focus media concerning subcontracting opportunities. 3. Written notice to DBE's allowing sufficient time for reply. 4. Follow up of initial solicitation. 5. Selection of portions of the work likely to be performed by DBE's. 6. Provide interested DBE's adequate information for bidding. 7. Negotiation with interested DBE's. 8. Assist interested DBE's with bonding, insurance and credit. 4. Use of minority contractors' groups and minority business assistance offices. Agreements between bidder and a DBE in which the DBE promises not to provide sub -contracting quotations to other bidders are prohibited. All bidders and proposers shall make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE subcontractor. The bidder shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts. G t_: DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION ITB 17-13206-TF TITLE: Replacement of One Rooftop Molmted Air Handier Unit for LPSIA Terminal Building The undersigned has satisfied the requirements of the specifications in the following manner (please check the appropriate space): ❑ The bidder is committed to minimum of (City of Lubbock's goal) 8.8% DBE utilization on this project. c_ The bidder (if unable to meet the City's goal of 8.8% DBE) is committed to a minimum of % DBE utilization on this project and has submitted documentation showing good faith effort. I Contractor Ta-m �f4lt-L � S LLJC— By (Signature) (Title) Address ' `� - �' 1.•+-t� x, City: N5IL'' ". State: -a Zip Code: 1174203 Telephone (including area code): 32�✓ ���Z"' �� �' Federal Tax IDISSN: 7 LETTER OF INTENT ITB 17-13206-TF TITLE: Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal BuildingName of Bidders' Firm: Bidder's Address: City: State: Zip: Telephone (with area code): Name of Subcontractor/DBE Firm: Address: City: State Zip: Telephone (including area code): of work to be performed by DBE firm: Bidder intends to utilize the above -named subcontractor/DBE firm for the work described above. The estimated amount of work is valued at $ If the above -named bidder is not determined to be the successful bidder, the Letter of Intent shall be null and void. Complete and submit this form for each subcontractor you propose to use on this Project: (Copy this page for each subcontractor)/DBE firm) Contractor: AN&Ok Date: 8 City of Lubbock, TX ITB 17-13206-TF Re.: GOOD FAITH EFFORT Gentlemen, In order to make & demonstrate a GOOD FAITH EFFORT, West Tech Chill Water Specialists LLC, searched the following web site httos://mycoa.cpa.state.tx.us/tpasscmb[search/tpasscmblsearch.com State of Texas Comptroller of Public Accounts in order to find qualified DBE contractors in the Lubbock, Texas area. West Tech Chill Water Specialists LLC was not able to locate any qualified DBE contractors that would help us competitively bid & execute the above referenced ITB scope of work. Name of Company Mo.,&* �&111 &L Signature Date Name LIST OF SUB -CONTRACTORS Pate Intentionally Left Blank I 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. City of Lubbock BtdiTB 17-13206-TF ITB 17-13206-TF Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building LIST OF SUB CONTRACTORS Company Name Location Services Provided CAVVP . c:atw-- _ -M NNE ,l�!DL.S 99 Wityr,-- PmPATE Tezt,& wc� �iri � lu 1alsut.�cu�, MAW CK4k to x X, CRNk, Ckwicc o pany„t.EG�S Address -42- 4. cukay, Ci 019W r State Zip Code Telepho - -�. Fax: Minority Owned Yes No ❑ M/ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO 0 1/24/2017 7:47 AM p. 33 Pal!e Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. ITB 17-13206-TF Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building FINAL LIST OF SUB CONTRACTORS Minority Owned Company Name Location Services Provided Yes No LAWQn, rube,—� Ei.6'c:T1AeAL- ❑ Qr, ev-t1a1`tsttK C9d-s ❑ �! ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CWmany A d ess 14. CLWV, TA.. City,�4 State Zip Code Telephone: Fax: THIS FORM SHALL BE COMPLETED AND RETURNED WITHIN 7 DAYS OF BID CLOSING. IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO. 3 Pate Intentionally Left Blank I ra I I PAYMENT BOND Pate Intentionally Left Blank 9 STATUTORY PA KNOW ALL MEN BY THESE PRESS; (hcrcinaftcr called the Principal(s), as Et Washington Bond No. S917-7890 )p pUR5t1AN'r TO SECTION 2253.021(a) �i O,VERNNI ENT CODE "TSMORE THAN $50,000) thatWest Techs Chill tiVater Specialists, LLC ial(s), and stein- ational Insurance C (hereinafter called the Surety(s), as 'Surety(s) are held and firmly bound unto the City of Lubbock (hereinafter called the Obligce), in the amount of FigbtY-Four Thousand Dollars ($84,000) lawful money of the United States for the paysrtentwhercof, 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 9!h day of March, 2017, ITB 17-13206 )ft pia emcnt of One Rooftop )<(ountcd Air Handler Unit for LPSIA Terminal Building _._, and said Principal under the law is regtured *fore 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 extcnt;as fcopxedat lcogth 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 2253.02l(a) of the Texas Government Code, and:all liabilities on this bond shall be determined in accordance with the provisions of said ArticlC to"the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said'Erincipal (s) and Surety (s) have signed and scaled this instrument this 9th day of March �, __ _,.2017. The undersigned surety company represents that it is duly qualified to do business in Texas, and �y designates Kevin J. Dunn — an agent resident in Lubbock County to whom any isite notices may be delivered and on whom service of process may be had in matters arising out of ,suretyship. Washington International Insurance Company Surety By: - — /litlep 7 MulnnAttorney-In-FactAtto.y-ln-Fact yed'as to form: If signed by an Off iec of the Surety Company there must be on file a certified extract from the showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, t have copy of power of attorney for our files. 2 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specially Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire and Washington International Insurance Company a corporation organized and existing under the laws of the Slate of New Hampshire and having its principal office in the City oi'Sehaumburg. Illinois, and Westport Insurance Corporation, organized under the laws of the Slate of Missouri, and having its principal office in the City of Overland Park. Kansas each does hereby make, constitute and appoint: W. LAWRENCE BROWN, TRACY TUCKER. KEVIN J. DUNN and STEVEN TUCKER JOINTLY OR SEVERALLY Its true and lawfid Attorney(s)-in-Fact, to make, execute, scat and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of cacti of said Companies, as surely, on contracts of suretyship as are or may be required or pennilted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors ol'North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24. 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVfiD, that any thvo of the President, any Scnior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is aulhorizcd to cxcculc a Power of Attorney qualifying the attorney named in the given Powcr of Altonncy to execute on bchall'of the Company bonds, undertakings and all contracts of surely. and that each or any of therm hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the scat of the Company. and it is FURTI IER RESOLVED. that the signature of such officers and the seal of the C'onipany may be affixed to any such Power of Altonncy or to any certilicalc relating thereto by facsimile, and any such Power of Allomey or certificate bearing such facsimile signatures or facsimilc seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.** \lntnlllltt►Jq�� c.�aa�an�Mnq,�y�a //'''77 ego r'XNUTY j qi//i a J ONAI �* \� QrG ..P.. ^iS SEALHrG R C G Ca•-Y ,i �';' F •,y Slr�en m corn.. en fir cr reF 1 en n aa m� fin nlrrnaUnm nsurxnce Cnmpam' SEAL O; .`Z s & Senior Vice President of Nnnh American Specially Insurance Cnmpam VG�16. a : Lf1L ' T = & Senior Vice President of Westport Insurnnrc C'arparnlinn y'•H�u.Ps a`�: s� •. Ka, ra By �1073 `l. �: :::•'' . OI Iltlll \\\\\\\ atA Alike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice Pmident of North American specialty Insurance Company & senior Vice President of Westport hrsnrance Carpnralinn IN WITNESS WI IEREOF, North American Specially Insurance Company. Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this I I lh day of Juno -,20 14 . North American Specialty Insurance Company Washington International Insurance Company Stale of Illinois Westport Insurance Corporation County of Cook ss: On this 1 I th day of June 20 44, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice Presidcnl of North American Specially Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington Inter national Insurance Company and Senior Vice President of North American Specially Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by fine duly sworn. acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAT, MKENNY NOTARY PUBLIC, STATE OF IWrbIS ^� MY COMMISSION EXPIRES t2/041201Y M. Kenny, Notary Public i`� I, Jcf -cy Goldberg the duly elected Vice President and Assistant Secretary of North American Specially Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney given by said North American Specialty Insurance Company. Washington International Insurance Company and Westport Insurance Corporation which is still in fill force and. cfTcet. IN WITNESS WI IEREOF, I have set my hand and alTixcd the seals of the Companies this 9th clay of_p March 20 17 Jerrrey (ioldherg. Vice President & Assisianl S—etan• of Washington Intemntional Insurance Company & Nrrlh Ame,icnn Spermlle Insurance C'ompans & Vice Presidenl & Aaskl nl Seerelanof Weslpnrl lworance Corpnnlinn IMPORTANT NOTICE In order to obtain information or make a complaint: You may contact Jim Carpenter, Vice President - Claims, at 1-800-338-0753. You may call Washington International Insurance Company and/or North American Specialty Insurance Company's toll -free number for information or to make a complaint at: 1-800-338-0753 You may also write to Washington International Insurance Company and/or North American Specialty Insurance Company at the following address: 475 N. Martingale Rd, Suite 850 Schaumburg, IL 60173 You may contact the Texas Department of Insurance to obtain information on companies, coveraecs. riehts or complaints at: V v 1- 800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionCut(li.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Washington International Insurance Company and/or North American Specialty Insurance 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 flocs not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter un queja: Puede comunicarse con Jim Carpenter, Vice President - Claims, al 1-800-338-0753. Usted puede llamr al numero de telefono gratis de Washington International Insurance Company and/or North American Specialty Insurance Company's para informacion o para somcter una queja al: 1-800-338-0753 Usted tambien puedc cscribir a Washington International Insurance Company and/or North American Specialty Insurance Company al: 475 N. Martingale Rd, Suite 850 Schaumburg, IL 60173 Pucdc cscribir al Departmento de Seguros de Texas para obtener informacion acerca de, cornmininc coberturas, derechos o quejas al: 1- 800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a)tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tienc una disputa conccrnicnte a su prima o a un reclamo, dcbe comunicarse con el Washington International Insurance Company and/or North American Specialty Insurance Company primcro. Si no se resuclve la disputa, pucde entonccs comunicarse con el Departmento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de infromacion y no se converte en parte o condicion del documento adjunto. I", STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that West Techs Chill Water Specialists, LLC (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Eighty -Four Thousand Dollars $84 000 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 911 day of March, 2017, ITB 17-13206-TF Replacement of One Rooftop Mounted Air Handler Unit for LPSLA-T—ermin­al Building 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 day of , 2017. Surety *By: (Title) (Company Name) By: (Printed Name) (Signature) -- (Title) Pate Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: (Title) Approved as to form: City of Lubbock By: City Attorney * Note: If signed by an Office 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. 0) Page Intentionally Left Blank CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ - Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ v Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) $ Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ B UILDER'S RISK 100% of the Total Contract Price $ INSTALLATION FLOATER $ EXCESS LIABILITY E Umbrella Form Each Occurrence $ Aggregate $ D Other Than Umbrella Form $ WORKERS COMPENSA TION AND EMPLOYERS' LIABILITY The Proprietor/ 7 Included Statutory Limits Partners/Executive D Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or j canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. s FIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK In Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto /General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. IT SHALL BE THE CONTRACTOR'S. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETED OPERATIONS. CONTRACTORCHECKLIST A CONTRACTOR SHALL: T (1) 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; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) 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; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (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; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 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 ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS AND COMPLETED OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 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 u prior to the end of the coverage period, a new certificate of coverage showing extension of the (��) P g P g g 1_. 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 r are providing services. _ CONTRACT Page Intentionally Left Blank Contract 13206 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 9" day of March, 2017, 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 West Techs Chill Water Specialists, LLC of the City of Abilene, County of Taylor 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: ITB 17-13206-TF Replacement of One Rooftop Mounted Air Handler Unit for LPSIA Terminal Building 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. West Techs Chill Water Specialists, LLC's bid dated February 8, 2017 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: West Techs Chill Water Specialists, LLC By:_ JYA 6&0-A-- PRINTED NAME: f'MM dI'I TITLE: (�MAcTtOas haA(W r % COMPLETE ADDRESS: West Techs Chill Water Specialists, LLC 142 N. Clack Abilene, TX 79603 A I J-- a Co ate Secretary CITY O LUBBOC XAS (OWNER): By: Daniel M. Pope, Mayor ATTEST: Secretary APPROVED AS TO CONTENT: AAR&ICampbelDirector of Aviation Assistant City Attorney Page Intentionally Left Blank CONFLICT OF INTEREST QUESTIONNAIR CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY 5 This questionnaire reflects changes made to law by H.B. 23, 841h Leg., Regular Session r Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists. The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets the requirements under Section 176.006(a). By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later than the 71h business day after the date the vendor becomes aware of the facts that require the statement to be filled. re Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts p q tY g Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors). The law also requires that an vendor who contracts or seeks to contract with the City for the sale or purchase q Y Y of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire" regarding the vendor's business relationships, if any, with Council Members or the City Manager. Compliance is the responsibility of each individual, business or agent who is subject to the law's filing requirement. Questions about compliance should be directed to your legal counsel. Office of the City Secretary 1625 13th Street, Room 206 Lubbock, TX 79401 Questionnaire is available at http://www.ci.lubbock.tx.us/departmental- websites/departments/purchasing/vendor-information Texas Government Code 2252.908 Disclosure of Interested Parties Form 1295 House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. §2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2017. An interested party is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, notarizing and returning the form to City of Lubbock Purchasing & Contract Management Department. Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with the project will log -in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will complete the form for the contract with which the form is associated. The completed form will be made available via the Texas Ethics Commission website. Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed instructions are located at: https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm 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 West Techs Chill Water Specialists, LLC who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Steve Nicholson, Deputy Director of Operations and Safety, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular manner under this agreement. Engineers, supervisors or inspectors shall 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". 1 : 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. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall 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 Office 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. 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 shall 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 shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall 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 shall 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 to permit Owner's Representative to comply with this requirement, but such suspension shall 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 are 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. 2 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. 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. 4 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 Office, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the " } work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 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 are 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 j 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 shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall 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 s- J 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 I F tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and a 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 accompanyingbond. 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 trucks rentals on machine and equipment, for p PP machinery i. the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the ' type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general _ superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the ; "actual field cost." No claim for extra work of any kind shall 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 these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. 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 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 f , 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 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 Offices, 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 t 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 a 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 q 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 shall 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 coverage's shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS AND COMPLETED OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) d The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: 1- Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury 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, $1,000,000 Combined Single Limit, per occurrence, 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 - (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $4,000,000 on all contracts with 1 coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverage's. 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 $1,000,000 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. 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 i� 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. s 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. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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. 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 shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. 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; f (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 i 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 shall provide services on the project shall 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. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. 1 (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 job specifications. No substitute of nor amendment thereto will be acceptable. ' (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: 10 i (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; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate m, 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.us) 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; 11 M 30 (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' g 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. mz 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 a 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 b certified mail or personal delivery, ( ) Y g tY � g Y p 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. 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. 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 i_ } Contractor agrees that it will indemnify and save the Owner and all of its Offices, 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 1 machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract 12 i_ f 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, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without 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 Offices, 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 Offices, 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 Offices, 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 T 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. .n 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. l._ 13 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 $25 PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. 1 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 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 t 14 t 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. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the p 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 variou's classes of work to be done and material to be furnished under this contract, they are 3 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 Offices, 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 of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 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 t 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 15 r-, i 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 l (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. 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. .f 18 50. BONDS 1 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 $50,000. All bonds shall 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 i provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If �3 19 t the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper (- performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or ` asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 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 I 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 --j right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. HOUSE BILL 2015 House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 60. HOUSE BILL 1295: DISCLOSURE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under 20 oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: http://www.ci.lubbock.tx.us/departmental-websites/departments/purchasing/vendor-information 21 Page Intentionally Left Blank DAVIS BACON WAGE DETERMINATIONS EXHIBIT A General Decision Number: TX170334 01/06/2017 TX334 Superseded General Decision Number: TX20160334 State: Texas Construction Type: Building Counties: Crosby and Lubbock Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER ...................... $ 23.14 21.55 --------------------------------------------------------------- CARP0665-001 05/01 /2014 Rates Fringes CARPENTER ........................ $ 20.81 6.76 ELEC0602-008 09/01/2016 Rates Fringes ELECTRICIAN ...................... $ 21.31 3%+9.05 ---------------------------------------------------------------- ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane ............. $ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above ..... $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under .............. $ 27.50 10.60 -------------------------------------------------------------- IRON0084-011 06/01 /2015 Rates Fringes IRONWORKER, ORNAMENTAL ....... $ 23.02 6.35 ---------------------------------------------------------------- IRON0263-003 06/01/2015 Rates Fringes IRONWORKER, STRUCTURAL ....... $ 23.00 6.55 ---------------------------------------------------------------- * PLUM0404-001 07/01/2016 Rates Fringes PLUMBER .......................... $ 25.91 9.40 ---------------------------------------------------------- SHEE0049-001 06/01 /2015 Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only) ............... $ 22.93 11.33 ---------------------------------------------------------- SUTX2014-060 07/21/2014 I, Rates Fringes BRICKLAYER ....................... $ 20.04 0.00 CEMENT MASON/CONCRETE FINISHER ... $ 19.60 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) ...............$ 19.77 7.13 IRONWORKER, REINFORCING ........ $ 12.27 0.00 LABORER: Common or General ...... $ 12.35 0.00 t, LABORER: Mason Tender - Brick ... $ 11.36 0.00 LABORER: Mason Tender - t Cement/Concrete..................$ 10.58 0.00 LABORER: Pipelayer.............. $ 12.49 2.13 LABORER: Roof Tearoff........... $ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 13.93 0.00 OPERATOR: Bulldozer .............$ 18.29 1.31 OPERATOR: Drill ................. $ 16.22 0.34 OPERATOR: Forklift ..............$ 14.83 0.00 OPERATOR: Grader/Blade .......... $ 13.37 0.00 OPERATOR: Loader ................$ 13.55 --n OPERATOR: Mechanic .............. $ 17.52 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.03 OPERATOR: Roller ................ $ 12.70 PAINTER (Brush, Roller, and ' Spray) ........................... $ 14.27 0.00 m.. 3.33 ROOFER ...........................$ 13.75 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation ........... $ 21.13 6.53 TILE FINISHER .................... $ 11.22 0.00 TILE SETTER ...................... $ 14.00 2.01 TRUCK DRIVER: Dump Truck ........ $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................$ 12.50 0.00 TRUCK DRIVER: Water Truck..$ 12.00 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health - related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health - related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 0.00 Unlisted classifications needed for work not included 0.00 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)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 i indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 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 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 8 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested parry'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 parry 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 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. ri a IIL SPECIFICATIONS LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT AHU-28 REPLACEMENT PROJECT RS&H PROJ. No. — 223.0003.001 PROJECT MANUAL Date: January 09, 2017 "-i RS&H, INC. 11011 Richmond Ave., Suite 900 Houston, Texas 77042 TEL: (713) 914-4455 / FAX: (713) 914-0155 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS TABLE OF CONTENTS — TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 010350 Contract Supplement & Modification Procedures.......................................................... 010510 Project Coordination................................................................................................. 013300 Submittals............................................................................................................... 014210 Reference Standards and Definitions.......................................................................... 016000 Products and Substitutions........................................................................................ 017100 Cleaning.................................................................................................................. 017700 Project Closeout....................................................................................................... 017800 Contract Record Submittals....................................................................................... 017810 Warranties............................................................................................................... DIVISION 23 HEATING VENTILATING AND AIR CONDITIONING 230053 Common Work Requirements for HVAC...................................................................... 230083 HVAC Insulation....................................................................................................... 230181 Hydronic Piping........................................................................................................ 230810 Ducts and Accessories.............................................................................................. 230900 HVAC Controls......................................................................................................... 230950 Testing Adjusting & Balancing.................................................................................... 237313 Outdoor Custom Air Handling Unit.............................................................................. LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS THIS PAGE INTENTIONALLY LEFT BLANK 1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS SECTION 01 03 50 — CONTRACT SUPPLEMENT AND MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing contract supplements and modifications. B. Related Sections: The following Sections contain requirements that relate to this Section: Division 1, Section 01 33 00 - SUBMITTALS for requirements for the Contractor's Construction Schedule. 2. Division 1, Section 01 60 00 - PRODUCT AND SUBSTITUTIONS for administrative procedures for handling requests for substitutions made after award of the Contract. C. Forms: Use forms with the content and format of those provided by the Architect - Engineer. Sample copies will be provided. The contractor shall maintain a sequential log of all Contract Document Supplements and Modifications. 1.2 CONTRACT DOCUMENT SUPPLEMENTS A. Clarification/Supplemental Instructions (C-): Shall provide further detail to requirements inferred in the Contract Documents or authorize minor changes in the work, not involving an adjustment to the Contract Sum or Contract Time, and will be issued by the Architect with supplemental or revised drawings and specifications, if necessary. Clarifications/Supplemental Instructions issued by the Architect -Engineer shall become binding and a part of the Contract as minor changes in the work unless the Contractor notifies the Architect -Engineer within 15 days that the instructions result in changes that affect the Contract Cost or Contract Time. B. Request for Information/Supplemental Instructions (RFI-): Shall be initiated by the Contractor when necessary for performance of the work. The Architect -Engineers reply will constitute further detail to requirements if inferred in the Contract Documents or authorization for minor changes in the work, not involving an adjustment to the Contract Sum or Contract Time. C. Contractor Corrective Action Proposals (CCA-): Shall be initiated by the Contractor when deviations from the contract requirements have been constructed. The Contractor shall provide a fully detailed proposal for his corrective or remedial work. The Architect -Engineer's reply will indicate approval of the proposed action as detailed, approval with certain modifications, or rejection of the proposal. 1.3 PROPOSAL/CHANGE ORDER REQUESTS A. Request for Proposal (RFP-): The Architect -Engineer will issue a detailed description of proposed changes in the Work that will require adjustment to the CONTRACT SUPPLEMENT AND MODIFICATIONS 01 03 50 - 1 I". LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 LUBBOCK, TEXAS 223-0003-001 Contract Sum or Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Proposal requests issued by the Architect -Engineer are for information only. Do not consider them as an instruction either to stop work in progress or to execute the proposed change. 2. Unless otherwise indicated in the proposal request, within 10 days of receipt of a proposal request, submit an estimate of cost necessary to execute the change to the Architect -Engineer for the Owner's review. a. Include a list of quantities of products to be purchased and unit costs, along with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities. b. Itemize labor charges by time and category. C. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. d. Indicate overhead and profit charges. e. Include a statement indicating the effect the proposed change in the work will have on the Contract Time. B. Contractor -Initiated Change Order Requests (RCO-): When latent or unforeseen conditions require modifications to the Contract, the Contractor may propose changes by submitting a request for a change to the Architect -Engineer. 1. Include a statement outlining the reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and Contract Time. 2. Include a list of quantities of products to be purchased and unit costs along with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Comply with requirements in Section 01 60 00 — PRODUCTS AND SUBSTITUTIONS if the proposed change requires substitution of one product or system for a product or system specified. 1.4 CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: When the Owner and the Contractor are not in total agreement on the terms of a Change Order Proposal Request, the Architect - Engineer may issue a Construction Change Directive on AIA Form G714. The CONTRACT SUPPLEMENT AND MODIFICATIONS 01 03 50 - 2 7p�7p � t i LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS Construction Change Directive instructs the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. The Construction Change Directive will contain a complete description of the change in the work and designate the method to be followed to determine change in the Contract Sum or Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of the change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. 1.5 CHANGE ORDER PROCEDURES A. Upon the Owner's approval of a Change Order Proposal Request, the Architect - Engineer will issue a Change Order for signatures of the Owner and the Contractor on AIA Form G701, as provided in the Conditions of the Contract. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION 01 03 50 CONTRACT SUPPLEMENT AND MODIFICATIONS 01 03 50 - 3 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 LUBBOCK, TEXAS THIS PAGE INTENTIONALLY LEFT BLANK 223-0003-001 CONTRACT SUPPLEMENT AND MODIFICATIONS 01 03 50 - 4 - LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS SECTION 01 05 10 - PROJECT COORDINATION PART 1 - GENERAL A. Work specified in this Section includes coordination efforts which must be provided by the Contractor to ensure that work by others in the contract designated work area and adjacent areas does not negatively impact the Work and overall project. B. The construction schedule as specified shall reflect all interfaces and coordination efforts as specified in the General Conditions, Supplemental General Conditions, Technical Specification Sections and other related contracts and procurement documents. C. The Contractor will establish regular working relations with all contractors, tenants and the Airport working in the same area and areas adjacent to the construction site. The Contractor will attend construction progress meetings for any coincidental work and will coordinate work as required. D. The Contractor will assign a member of his staff to act as a coordinator, who will work to coordinate the Contractor's work with other parties doing work at the Lubbock Preston Smith International Airport site. 1.02 COORDINATION REQUIREMENTS A. Minimum coordination requirements with other contractors include the following: Regular meeting (weekly or more often) 2. Construction schedule coordination 3. Staging area and access planning (to include employee parking area and shuttle routes if needed) 4. Deliveries 5. Traffic control. B. When and where required, the Contractor shall develop appropriate coordination drawings for use by interfacing adjacent parties using the Lubbock Preston Smith 1-1 International Airport site. C. The contractor shall prepare and submit to the Airport a list that includes, but is not limited to all of the contractors, and their points of contact for the project that will be working in the area of the project limits: PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) PROJECT COORDINATION 01 05 10 - 1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS END OF SECTION 01 05 10 t i PROJECT COORDINATION 01 05 10 - 2 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS i_ SECTION 01 33 00 - SUBMITTALS PART 1 - GENERAL 1.01 DESCRIPTION A. The Work specified in this Section summarizes the requirements for the submittal of documents to the Architect that are defined in these Specifications. It also describes the procedures for "supplemental" submittals. PART 2 - PRODUCTS 2.01 SUBMITTAL SCHEDULE A. The Contractor shall provide a submittal schedule within 14 days after Notice to Proceed. The Submittal Schedule shall be directly related to the CPM schedule, shall identify all the submittals, and shall include the following information for each submittal item: 1. Specification section, contract article, or special condition 2. Specification Subparagraph 3. Item description 4. Date the submittal shall be submitted 5. Name of subcontractor or supplier B. The submittal schedule shall be updated every two weeks by the Contractor and submitted with the progress payment request. C. Unless otherwise stated, except for material samples, all submittals shall be electronic. D. All submittals shall be submitted in color, including the electronic copy, if the manufacturer's printed / electronic information is in color. E. Each submittal shall include, a sequential number beginning with 001, the specification section, a sequential number within the specification section, and a revision number if applicable. 2.02 ELECTRONIC SUBMITTALS A. All submittals shall be delivered to the Architect -Engineer and the Owner's project manager in electronic format. 1. Acceptable electronic formats a. Adobe Acrobat 6.0 or newer. All files shall be fully compatible with Adobe Acrobat 6.0. File shall have no security and bookmark every applicable submittal. SUBMITTALS 01 33 00 - 1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT i REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS t. 2. Other Formats are acceptable only with written permission of the Architect - Engineer and Owner's Project Manager or required by individual spec sections: a. Microsoft Office 2000 or newer. All files shall be fully compatible with Microsoft Office 2000. b. AutoDesk AutoCAD 2000 or newer. All files shall be fully compatible with AutoDesk AutoCAD 2000. 1) AutoCAD files shall be self contained with no external x-references. c. Other files pre -approved by the Owner's Project Manager. 3. Electronic file names: Each electronic document shall have a unique file name. File name convention shall be as follows: XXXX-AAA-BBBBBB-CCCRZ a. XXXX = Owners contract number b. AAA = sequential submittal number starting at 001. c. BBBBBB = specification section containing submittal requirements d. CCC = sequential specification submittal number starting at 001. e. RZ = sequential revision number. RZ not required on initial submittals. f. Example A: "3834-005-013300-002", five submittals have been logged overall for the project, with two submittals made to specification section 013300. g. Example B: "3834-009-013300-002R1, nine submittals made overall for the project and one revision to submittal 013300-002. 2.03 INITIAL SUBMITTAL A. Each submittal document shall include a title block showing the following information: 1. Date of submittal and revision dates. 2. Contract title, Project, and number. 3. The names of Contractor, subcontractor, supplier, manufacturer and when applicable, the seal and signature of an engineer registered in the State of Texas, for the involved discipline. 4. Identification of product by either description, model number, style number or lot number. 5. Subject identification by contract drawing or specification reference. B. On each submitted drawing, include a blank space on each sheet, three inches by four inches, in the lower right corner, just above the title block, in which the Designer of Record and Owner's Project Manager may indicate the action taken. C. Make submissions sufficiently in advance so that the Architect and Owner's Project Manager review may be completed not less than 30 days before Work represented by those submittals is scheduled to be performed. D. Allow a minimum cycle of 10 working days for review of each submittal by the } SUBMITTALS 01 33 00 - 2 r� �_ i v, ( LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS Architect and Owner's Project Manager. E. Accompany submittal documents with a transmittal form that shall contain the following information: 1. Contractor's name, address and telephone number. 2. Submittal number and date. 3. Contract title, project name, and number. 4. Supplier's, manufacturer's or subcontractor's name, address and telephone number. 5. Identification of variations from contract documents. 6. Contractor's stamp and signature certifying his review. 7. Identification of submittal: a. If the submittal is being made on a General Condition or Special Condition, reference the General or Special Condition number. b. If the submittal is being made under a specification section, reference the specification number, paragraph number and subparagraph number. c. If the submittal is being made under a drawing, reference the drawing(s) number and subnumber. F. The Contractor shall, at the time of submission, describe variations from the contract documents in writing, separate from the submittal document. If the Architect approves any such variations, an appropriate contract change order shall be issued except that, if the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued. If a submission contains variations and the variation column is not marked on the transmittal form, it will not be considered for review and acceptance. Along with marking the transmittal as a variation, a description must be included which outlines all the differences including maintenance and utility services along with any cost savings from an item not containing the variation. G. Changes in accepted submittal documents will not be permitted unless those changes have been accepted, in writing, by the Architect and Owner's Project -- Manager. H. The form and quality of submittal documents shall comply with Technical Specifications Section 01340. 2.04 SUPPLEMENTAL SUBMITTALS A. Supplemental submittal documents initiated by the Contractor for consideration of corrective procedures shall contain sufficient data for review. Make supplemental submittals in the same manner as initial submittals with the appropriate primary transmittal referenced. SUBMITTALS 01 33 00 - 3 t LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS ( j l PART 3 - EXECUTION 3.01 CONTRACTOR'S REVIEW A. The Contractor shall review submittal documents, stamp and sign as reviewed and approved as complying with contract documents prior to submission to the Architect and Owner's Project Manager. 3.02 DESIGNER OF RECORD REVIEW A. Submittal documents will be reviewed by the Designer of Record for conformance to requirements of the contract drawings and specifications. Review of a separate item will not constitute review of an assembly in which the item functions. The Designer of Record will withhold approval of submittals that depend on other submittals not yet submitted. Review and acceptance will not relieve the Contractor from his responsibility for accuracy of submittals, for conformity of submittal document to requirements of contract drawings and specifications, for compatibility of described product with contiguous products and the rest of the system, or for protection and completion of the contract in accordance with the contract drawings and specifications. B. The Designer of Record will review the submittal documents for general conformance with the contract documents and mark the Action Code, sign and date the transmittal. C. The Action Codes have the following meanings: 1. A - APPROVED is an approval, and means that the illustration and description appears to conform to the respective requirements of the contract documents. 2. AN - APPROVED AS NOTED is an approval, and means that the illustration and description will conform to the respective requirements of the contract documents after changes in recognition of the reviewer's comments. Submittals so marked need not be resubmitted. 3. RC — RETURNED FOR CORRECTION means that the submittal is unacceptable and must be revised and resubmitted. .j 4. NA - NOT APPROVED means that the submittal is not approved and that a new submittal in accordance with the contract documents shall be made. 5. RWA — RETURNED WITHOUT ACTION, means an item is received by the Architect but no review was made. This mark is for use in resubmitting items that were previously Accepted as Noted and the Contractor has incorporated the notes and wants the Architect's staff to have the same material that the Contractor's field staff is using. l 3.03 OWNER'S REVIEW A. Approved and approved as noted submittal document will be forwarded from the Architect to the Owner's Project Manager. SUBMITTALS 01 33 00 - 4 t .� LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS B. Submittal documents will be reviewed by the Owner's Project Manager for conformance to requirements of the contract drawing, specifications and Owner's Design Standards. C. The Owner's Project Manager will review the submittal documents for general conformance with the contract documents and mark the Action Code, sign and date the transmittal. D. The Action Codes have the following meaning: 1. A - APPROVED is an approval, and means that the illustration and description appears to conform to the respective requirements of the contract documents. 2. AN - APPROVED AS NOTED is an approval, and means that the illustration and description will conform to the respective requirements of the contract documents after changes in recognition of the reviewer's comments. Submittals so marked need not be resubmitted. 3. RC — RETURNED FOR CORRECTION means that the submittal is unacceptable and must be revised and resubmitted. 4. NA - NOT APPROVED means that the submittal is not approved and that a I new submittal in accordance with the contract documents shall be made. 5. RWA — RETURNED WITHOUT ACTION, means an item is received by the Architect but no review was made. This mark is for use in resubmitting items that were previously Accepted as Noted and the Contractor has incorporated the notes and wants the Architect's staff to have the same material that the Contractor's field staff is using. 3.04 CONTRACTOR'S RESPONSIBILITIES A. Coordinate each submittal document with the requirements of the Work; place particular emphasis upon ensuring that each submittal of one trade is compatible with other submittals of that trade and submittals of other trades including producing as needed drawings showing the relationship of the work of different trades. B. Contractor's responsibility for errors and omissions in submittal documents and associated calculations is not relieved by the Architect and Owner's Project Manager's review, correction and acceptance of submittals. C. Contractor's liability to the Owner, in case of variations in the submittal document from the requirements of the contract documents, is not relieved by the Architects review and acceptance of submittals containing variations unless the Owner expressly approves the deviation in writing, in which the Owner describes the variation. D. The Contractor shall maintain a file of all approved submittal documents at the worksite. The complete file of approved submittal documents shall be turned over to SUBMITTALS 01 3300-5 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS the Owner and Owner's Project Manager with the as -built documents at the end of the job. E. Schedule impact due to resubmittal requirements is the responsibility of the Contractor. F. Contractor shall only proceed with the work as described on a submittal when both the Architect and Owner's Project Manager have accepted the submittal. END OF SECTION 01 33 00 1 SUBMITTALS 01 33 00 - 6 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS SECTION 01 42 10 - REFERENCE - STANDARDS AND DEFINITIONS PART 1 - GENERAL 1.1 DEFINITIONS A. General Explanation: A substantial amount of specification language consists of definitions of terms found in other Contract documents, including drawings. (Drawings are recognized as being diagrammatic in nature and not completely descriptive of requirements indicated thereon.) Certain terms used in Contract documents are defined in this article. Definitions and explanations contained in this section are not necessarily either complete or exclusive, but are general for the work to the extent that they are not stated more explicitly in another element of Contract documents. B. Special Conditions: Wherever the term "Special Conditions" or "Section, Special Conditions" is used in the specifications, it refers collectively to all of the sections in Division 1, General Requirements and Form of Agreement between Owner and Contractor. C. Indicated: The term "indicated" refers to graphic representations, notes or schedules on the Drawings, or other Paragraphs or Schedules in the Specifications, and similar requirements in the Contract Documents. Where terms such as "shown," "noted," "scheduled," and "specified" are used, it is to help the reader locate the reference; no limitation on location is intended. D. Regulation: The term 'Regulations" includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the work. E. Furnish: The term "furnish" is used to mean "supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations." F. Install: The term "install' is used to describe operations at project site including the actual unloading, temporary storage, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. G. Provide: The term "provide" means "to furnish and install, complete and ready for the intended use." H. Testing Agencies, Laboratories or Service: All terms interchangeably refer to an independent entity engaged by the Contractor to perform specific inspections or tests, either at the Project Site or elsewhere, and to report on and, if required, to interpret results of those inspections or tests. REFERENCES - STANDARDS AND DEFINITIONS 01 42 10 - 1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 1. Directed, Requested, etc.: Where not otherwise explained, terms such as "directed," "requested," "authorized," "selected," "approved," "required," "accepted," and "permitted" mean "directed by the Architect -Engineer, "requested by the Architect -Engineer, and similar phrases. However, no such implied meaning will be interpreted to extend the Architect -Engineer's responsibility into Contractor's area of construction supervision. Approve: Only the Owner can approve or disapprove contract actions. Even if the specifications indicate that an individual other than the Owner (such as the "Architect -Engineer") will approve or disapprove an action, it is understood that only the Owner has this authority unless the individual is so designated by him in writing. Even when an individual is so designated, the Contractor may appeal the action to the Owner's and the Owner's decision shall be final. In no case will "approval" by the Owner's be interpreted as a release of the Contractor from responsibility to fulfill requirements of Contract documents. K. Project Site: The space available to Contractor for performance of the work, either exclusively or in conjunction with others performing other work as part of the project. The extent of project site is shown on drawings and may or may not be identical with description of land upon which project is to be built. L. Installer: The term "Installer" is defined as the entity (person or firm) engaged by the Contractor or its subcontractor or sub -subcontractor for performance of a particular unit of work at the project site, including installation, erection, application and similar required operations. Installers shall be skilled in the work they are to perform. M. Specialist: The term "Specialist" means an individual or firm of established reputation (or, if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workmen skilled in either (as applicable) manufacturing or fabricating items required by the Contract, installing items required by the Contract, or otherwise performing work required by the Contract. Where the Contract specification requires installation by a specialist, the term shall also be deemed to mean either the manufacturer of the item, an individual or firm licensed by the manufacturer, or an individual or firm who will perform the work under the manufacturer's direct supervision. N. Nationally Recognized Testing Laboratories: The term "nationally recognized testing laboratory (NRTL)" shall mean a firm or organization which is recognized by OSHA in accordance with 29 CFR Part 1910.7 to test and approve (i.e., certify, label or list) equipment or materials as being safe for the intended use. Labeling and/or listing of products by N RTL is acceptable wherever a reference to the UL or FMRC label is made in the specifications. O. Label: The label must be provided by a nationally recognized testing laboratory. The Contractor shall provide a statement from the testing laboratory attesting that the laboratory has been approved by OSHA to certify the category of product(s) being submitted for approval. REFERENCES - STANDARDS AND DEFINITIONS 01 42 10 - 2 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 1.2 SPECIFICATION CONTENT EXPLANATION A. Specification Content: This Specification uses certain conventions in the use of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: 1. Abbreviated Language: Language used in Specifications and other Contract Documents is the abbreviated type. Words and meanings shall be interpreted as appropriate. Words that are implied, but not stated shall be interpreted as the sense requires. Singular words will be interpreted as plural and plural words interpreted as singular where applicable and the context of the Contract Documents so indicates. 2. Imperative mood and streamlined language is used generally in the Specifications. Requirements expressed in the imperative mood are to be performed by the Contractor. At certain locations in the text, for clarity, subjective language is used to describe responsibilities that must be fulfilled indirectly by the Contractor, or by others when so noted. a. The words shall comply with or shall be shall be included by inference wherever a colon (:) is used within a sentence or phrase. 1.3 OVERLAPPING AND CONFLICTING ASSIGNMENTS A. Contract Documents: The Contract documents are complementary. What is required by one shall be as binding as if required by all. Where there appear to be overlapping or conflicting requirements in the Contract documents, the Contractor is responsible to seek clarification from the Architect -Engineer. No claims will be accepted for work performed where overlapping or conflicting requirements could have been resolved by requests for clarification. B. Industry Standards: Where compliance with 2 or more industry standards or sets of requirements are specified, and overlapping of those different standards or requirements establishes different or conflicting minimums or levels of quality, most stringent requirement shall govern. C. Contractor's Option: Except for overlapping or conflicting requirements, where more than one set of requirements are specified for a particular unit of work, option is intended to be Contractor's regardless of whether or not it is specifically indicated as such. 1.4 MINIMUM QUALITY/QUANTITY A. In every instance, the quality level or quantity shown or specified is intended to be the minimum for the work to be performed or provided. Except as otherwise specifically indicated, the actual work may either comply exactly with that REFERENCES - STANDARDS AND DEFINITIONS 01 42 10 - 3 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS minimum (within specified tolerances), or may exceed that minimum within reasonable limits. In complying with requirements, indicated numeric values are either minimums or maximums as noted or as appropriate for context of requirements. Refer instances of uncertainty to the Architect -Engineer for decision before proceeding. 1. The Architect -Engineer is the sole interpreter of what constitutes "minimum requirements" in any given situation. Exceeding minimum requirements in one or more aspects of any given specification does not cancel or replace the need to meet minimum requirements of any other aspect of that same specification. 1.5 ASSIGNMENT OF SPECIALISTS A. In certain instances, specification text requires that specific work is to be assigned to specialists who must be engaged for performance of that work. Such assignments are special requirements over which the Contractor has no choice or option. These requirements should not be interpreted so as to conflict with applicable regulations, union jurisdiction settlements and similar conventions. Such assignments are intended to establish which party or entity involved in a specific unit of work is recognized as "expert" for the indicated construction processes or operations. Nevertheless, the final responsibility for fulfillment of the entire set of requirements remains with the Contractor. 1.6 INDUSTRY STANDARDS A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference., B. Publication Dates: Refer to clause "Standard References" of General Conditions. Except as otherwise indicated, where compliance with an industry standard is required, comply with standard in effect as of Invitation for Bids. 1. Updated Standards: Submit a change order proposal where an applicable industry standard has been revised and reissued after the date of Contract Documents and before the performance of the work affected. The Architect -Engineer will decide whether to issue a change order to proceed with the updated standard. C. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to that entity's construction activity. Copies of applicable standards are not bound with the Contract Documents. REFERENCES - STANDARDS AND DEFINITIONS 014210-4 i t LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 1. Where copies of standards are needed for performance of a required construction activity, the Contractor shall obtain copies directly from the publication source. 2. Maintain copy of referenced standards, including those referenced in the referenced standards and where required manufacturer's instructions, where work is being performed and make available to the Architect - Engineer on request. D. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. The abbreviations and acronyms, as referenced in the Contract Documents, mean the associated names. The trade associations and general standards are commonly known in the industry. Any such acronyms not known by the Contractor shall be requested of the Architect - Engineer who shall provide names and addresses. Names and addresses are subject to change and are believed, but are not assured, to be accurate and up- to-date as of the date of the Contract Documents. PART 2 - PRODUCTS NOT USED. PART 3 - EXECUTION NOT USED. END OF SECTION 01 42 10 REFERENCES - STANDARDS AND DEFINITIONS 01 42 10 - 5 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS THIS PAGE LEFT INTENTIONALLY BLANK REFERENCES - STANDARDS AND DEFINITIONS 01 42 10 - 6 i 2 a LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 LUBBOCK, TEXAS SECTION 01 60 00 - PRODUCTS AND SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY 223-0003-001 A. This section includes administrative and procedural requirements for handling requests for substitutions. B. Related Sections: The following sections contain requirements that relate to this section: 1. Division 1, Section 014210 - REFERENCE STANDARDS AND DEFINITIONS specifies the applicability of industry standards to products specified. 2. Division 1, Section 013300 - SUBMITTALS specifies requirements for submitting the Contractor's Construction Schedule and the Submittal Schedule. C. Unless otherwise specifically stated, reference to any equipment, material, article or patented process by trade name, make or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. Subject to compliance with specified requirements, the Contractor may, at his option, propose any equipment, material, article or process as an equal to that specified. It will be in the sole judgment of the Architect -Engineer whether or not it is equal to that named. 1.2 DEFINITIONS A. Definitions in this Article do not change or modify the meaning of other terms used in the Contract Documents. "Products" are items purchased for incorporation in the work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. a. "Named Products" are items identified by the manufacturer's product name, including make or model number or other designation, shown or listed in the manufacturer's published product literature, that is current as of the date of the Contract Documents. b. "Foreign Products," as distinguished from "domestic products," are items substantially manufactured (50 percent or more of value) outside the United States and its possessions. Products produced or supplied by entities substantially owned (more than 50 percent) by persons who are not citizens of, nor living within, the United States and its possessions are also considered to be foreign products. PRODUCTS AND SUBSTITUTIONS 01 60 00 - 1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 2. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed, or installed to form a part of the work. 3. "Equipment" is a product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. B. Substitutions: Changes in products, materials, equipment, and methods of construction required by the Contract Documents proposed by the Contractor are considered to be requests for substitutions. The following are not considered to be requests for substitutions: 1. Revisions to the Contract Documents requested by the Owner or Architect - Engineer. 2. Specified options of products and construction methods included in the Contract Documents. 3. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. 1.3 SUBMITTALS A. Materials, products, equipment and systems are specified in the Contract Documents by manufacturer, trade name or distributor to establish a standard of the required criteria, including function, performance, dimension, appearance and quality to be met by any proposed substitution. Unless otherwise specified, application for substitutions will be reviewed by the Owner and the Architect -Engineer. The burden of proof of merit of proposed substitute is upon the proposer. Substitute items shall not be included in a bid proposal or incorporated into the work without prior written approval of the item by the Architect -Engineer. B. Where an item is specified by one or more manufacturer's model number or specific item identification and "or approved equal" is included, only the item(s) that is specified by manufacturer's model number or specific identification is approved and any other item must be submitted for approval as a substitution. C. Where an item is specified by referenced standard, the item must be submitted for approval same as a substitute. D. Submit 3 copies of each request for substitution for consideration. Requests for substitution shall be made a minimum of ten working days prior to bid due date. Requests shall not be considered accepted unless approved in writing by the Architect -Engineer and issued as part of an addendum. E. Identify the product or the fabrication or installation method to be replaced in each request. Include related Specification Section and drawing numbers. F. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: i PRODUCTS AND SUBSTITUTIONS 01 60 00 - 2 tLUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS Coordination information, including a list of changes or modifications needed to other parts of the work and to construction performed by the Owner and separate contractors, that will be necessary to accommodate the proposed substitution. 2. A detailed comparison of significant qualities of the proposed substitution with those of the work specified. Significant qualities may include elements such as performance, weight, size, durability, and visual effect. 3. Product Data, including drawings and descriptions of products and fabrication and installation procedures. 4. Samples, where applicable or requested. 5. A statement indicating the substitution's effects on the other trades has been coordinated, and the other affected trades have adjusted their cost proposals accordingly. 6. All differences in costs shall be included in the contractors bid proposal. 7. The Contractor's certification that the proposed substitution conforms to or exceeds requirements in the Contract Documents in every respect and is appropriate for the applications indicated. Include the Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of the failure of the substitution to perform adequately. G. Deviations from these specifications are not solicited and are not encouraged. If a deviation between the specifications or drawings and items bid does exist, then that deviation must be clearly itemized and explained on the bid form. PART 2 - PRODUCTS 2.1 PRODUCT SELECTION A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, new at the time of installation. Provide products complete with accessories, trim, finish, safety guards, and other devices and details needed for a complete installation and the intended use and effect. 2. Standard Products: Where available, provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Compliance with Standards, Codes, and Regulations: Where Specifications only require compliance with an imposed code, standard, or regulation, select a product that complies with the standards, codes, or regulations specified. PRODUCTS AND SUBSTITUTIONS 01 60 00 - 3 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 4. Visual Matching: Where Specifications require matching an established Sample, the Architect -Engineer's decision will be final on whether a proposed product matches satisfactorily. a. Where no product available within the specified category matches satisfactorily and complies with other specified requirements, comply with provisions of the Contract Documents concerning "substitutions" for selection of a matching product in another product category. 5. Visual Selection: Where specified product requirements include the phrase of as selected from manufacturer's standard colors, patterns, textures ..." or a similar phrase, select a product and manufacturer that complies with other specified requirements. The Architect -Engineer will select the color, pattern, and texture from the product line selected. B. Nameplates: Except for required labels and operating data, do not attach or imprint manufacturer's or producer's nameplates or trademarks on exposed surfaces of products that will be exposed to view in occupied spaces or on the exterior. 1. Labels: Locate required product labels and stamps on concealed surfaces or, where required for observation after installation, on accessible surfaces that are not conspicuous. 2. Equipment Nameplates: Provide a permanent nameplate on each item of service -connected or power -operated equipment. Locate on an easily accessible surface that is inconspicuous in occupied spaces. The nameplate shall contain the following information and other essential operating data: a. Name of product and manufacturer. b. Model and serial number. C. Capacity. d. Speed. e. Ratings. 2.2 SUBSTITUTIONS A. Conditions: The Architect -Engineer will receive and consider the Contractor's request for substitution when one or more of the following conditions are satisfied, as determined by the Architect -Engineer. If the following conditions are not satisfied, the Architect -Engineer will return the requests without action except to record noncompliance with these requirements. Extensive revisions to the Contract Documents are not required. 2. Proposed changes are in keeping with the general intent of the Contract Documents. PRODUCTS AND SUBSTITUTIONS 01 60 00 - 4 -- LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 3. The request is timely, fully documented, and properly submitted. 4. The specified product or method of construction cannot be provided within the Contract Time. The Architect -Engineer will not consider the request if the product or method cannot be provided as a result of failure to pursue the work promptly or coordinate activities properly. 5. The request is directly related to an "or -equal" clause or similar language in the Contract Documents. 6. The requested substitution offers the Owner a substantial advantage, in cost, time, energy conservation, or other considerations, after deducting offsetting responsibilities the Owner may be required to bear. The Owner's additional responsibilities may include additional compensation to the Architect - Engineer for redesign and evaluation services, increased cost of other construction by the Owner or separate Contractors, and similar considerations. 7. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. 8. The specified product or method of construction cannot be provided in a manner that is compatible with other materials and where the Contractor certifies that the substitution will overcome the incompatibility. 9. The specified product or method of construction cannot be coordinated with other materials and where the Contractor certifies that the proposed substitution can be coordinated. 10. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where the Contractor certifies that the proposed substitution provides the required warranty. B. The Contractor's submittal and the Architect -Engineer's acceptance of shop drawings, product data, or samples that were not identified as a substitution, including a submittal content in compliance with this Section 01 60 00, and not prominently identified as a deviation from compliance with the Contract Documents does not constitute an acceptable or valid request for substitution. Any approval of such a noncompliant submittal is null and void. C. Whether or not the Architect -Engineer and Owner accept a proposed substitution, the Contractor shall reimburse the Owner for the Architect -Engineer's cost for the Architect -Engineer and the Architect -Engineer's consultants for evaluating any proposed substitute including changes required in the Contract Documents for the substitution. D. Review of substitutions proposed as time or cost savings which are deviations from F, - the contract requirements will be at the expense of the Contractor. This does not apply to `or equal" substitutions except as provided for in Section 01300. The La PRODUCTS AND SUBSTITUTIONS 01 60 00 - 5 d _. LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS Architect -Engineer will record the time required by him or his consultants in reviewing and approving submission in excess of the original and one (1) resubmission and notify the Contractor of the charges. The Owner shall deduct any such expenses of the Architect -Engineer from the Contractor's monthly periodic pay requests in accordance with the compensation terms for cost, overhead and profit in the Owner/Architect-Engineer agreement. All costs that may be incurred associated with a substitution proposed by the Contractor shall be borne by the Contractor. This shall apply to all interfacing components recognized prior to or after approval of the substitution by the Architect -Engineer. PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION 01 60 00 {t PRODUCTS AND SUBSTITUTIONS 01 60 00 - 6 } LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 -3 LUBBOCK, TEXAS SECTION 01 71 00 - CLEANING PART 1 GENERAL 1.01 DESCRIPTION A. The Work specified in this section consists of maintaining a clean, orderly, hazard -free worksite during construction and final cleaning for the Owner's Final Acceptance. Failure to maintain the worksite will be grounds for withholding monthly payments until corrected to the satisfaction of the Project Manager. 1.02 JOB CONDITIONS A. Safety Requirements 1. Maintain the worksite in a neat, orderly and hazard -free manner in conformance with all federal, state and local rules, codes, regulations and orders, including all OSHA requirements, until final acceptance of the Work. Keep catwalks, underground structures, worksite walks, sidewalks, roadways and streets, along with public and private walkways adjacent to the worksite, free from hazards caused by construction activities. Inspect those facilities regularly for hazardous conditions caused by construction activities. B. Hazards Control 1. Store volatile wastes in covered metal containers and remove those wastes from worksite daily. 2. Do not accumulate wastes that create hazardous conditions. 3. If volatile and noxious substances are being used in spaces that are not naturally ventilated, provide artificial ventilation. 4. Hazard controls shall conform to the applicable federal, state and local rules and regulations. 5. Provide appropriate waste receptacles in all areas in which employees are working. Waste receptacles shall be kept covered at all times. All materials on site shall be anchored and covered to prevent any objects from becoming windborne. C. Access 1. Maintain the worksite to permit access by other Owner contractors as required. D. Provide walk -off mats or rugs from construction site to eliminate tracking into public areas. Dust and wet mop public areas every 4 hours during construction periods. PART 2 PRODUCTS 2.01 CLEANING MATERIALS A. Utilize the type of cleaning materials recommended by the manufacturer of the surfaces to be cleaned. CLEANING 01 71 00 - 1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS PART 3 EXECUTION 3.01 INTERIM CLEANING A. Clean the worksite every workday during the construction of the contract. Maintain structures, grounds, storage areas and other areas of worksite, including public and private properties immediately adjacent to worksite, free from accumulations of waste materials caused by construction operations. Place waste materials in covered metal containers. All hard concrete, steel, wood and finished walking surfaces shall be swept clean daily. B. Remove or secure loose material on open decks and on other exposed surfaces at the end of each workday or more often in a manner that will maintain the worksite hazard -free. Secure material in a manner that will prevent dislodgment by wind and other forces. C. Sprinkle waste materials with water or acceptable chemical palliative to prevent blowing of dust. D. Promptly empty waste containers when they become full and legally dispose of the contents at dumping areas off the Owner's property. E. Control the handling of waste materials. Do not permit materials to be dropped or thrown from structures. F. Immediately remove spillage of construction -related materials from haul routes, work site, private property, public rights of way or the Airport site. G. Clean only when dust and other contaminants will not precipitate upon newly painted surfaces. H. Cleaning shall be done in accordance with manufacturer's recommendation. I. Cleaning shall be done in a manner and using such materials as to not damage the Work. J. Clean areas prior to painting or applying adhesive. K. Clean all heating and cooling systems prior to operations. If the contractor is allowed to use the heating and cooling system it shall be cleaned prior to testing. L. Clean all areas that will be concealed prior to concealment. M. Contractor cannot use Airport Facilities for tool cleanup or disposal (ie the saw slurry, drywall mud etc.) 3.02 FINAL CLEANING_ A. Inspect interior and exterior surfaces, including concealed spaces, in preparation for completion and acceptance. 4 B. Remove dirt, dust, litter, corrosion, solvents, discursive paint, stains and extraneous markings. C. Remove surplus materials, except those materials intended for maintenance. D. Remove all tools, appliances, equipment and temporary facilities used in the construction. ;f CLEANING 01 71 00 - 2 1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS E. Remove detachable labels and tags. File them with the manufacturer's specifications for that specific material for the Owner's records. F. Repair damaged materials to the specified finish or remove and replace. G. After all trades have completed their work and just before final acceptance, all catch basins, manholes, drains, strainers and filters shall be cleaned; roadway, driveways, floors, steps and walks shall be swept. Interior building areas shall be vacuum cleaned and mopped. H. Final cleanup applies to all areas, whether previously occupied and operational or not. END OF SECTION 01 71 00 CLEANING 01 71 00 - 3 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS {l THIS PAGE LEFT INTENTIONALLY BLANK J-1 J.. CLEANING 01 71 00 -.4 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS SECTION 01 77 00 - PROJECT CLOSEOUT PART 1 GENERAL `tl 1.01 DESCRIPTION A. Work specified in this Section includes procedures required prior to Final Acceptance of Work in addition to those specified in General Conditions and Technical Specifications. 1- 1.02 PREPARATION FOR FINAL INSPECTION A. Before requesting inspection for final acceptance of the Work, inspect, clean and repair the Work as required. 1.03 FINAL INSPECTION A. When the Contractor considers that the Work is complete, he shall submit written certification that: 1. Work has been inspected by the Contractor for compliance with contract documents. 2. Work has been completed in accordance with contract documents. 3. Work is ready for final inspection by the Owner and/or Architect -Engineer. 4. All as -built required documents have been submitted and accepted. 5. All damaged or destroyed real, personnel, public or private property has been repaired or replaced. 6. All operation and maintenance manuals have been submitted and accepted and all training has been completed. 7. All personnel badges and vehicle permits have been returned to the Owner. B. The Project Manager will inspect to verify the status of completion with reasonable promptness after receipt of such certifications. The inspection of the work will be done in accordance with the General Conditions, C. If the Project Manager finds incomplete or defective work: 1. The Project Manager may, at the Project Manager's sole discretion, either terminate the inspection or prepare a punch list and notify the Contractor in writing, listing incomplete or defective work. 2. The Contractor shall take immediate steps to remedy stated deficiencies and send a second written certification to the Project Manager that Work is complete. 3. The Project Manager will then reinspect the Work. 1.04 REINSPECTION FEES A. Should the Project Manager perform reinspections due to failure of the Work to comply with the claims of status of completion made by the Contractor: PROJECT CLOSEOUT 01 77 00 - 1 I LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT j REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective work regardless of whether the Owner has benefited from use of the work through a portion of its anticipated useful service life. D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights, or remedies. Rejection of Warranties: The Owner reserves the right to reject warranties and to limit selection to products with warranties not in conflict with requirements of the Contract Documents. E. Where the Contract Documents require a special warranty, or similar commitment on the work or part of the work, the Owner reserves the right to refuse to accept the work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so. 1.3 SUBMITTALS A. Submit written warranties to the Architect/Engineer prior to the date certified for Substantial Completion. If the Architect/Engineer's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the work, or a designated portion of the work, submit written warranties upon request of the Architect/Engineer. When a designated portion of the work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Architect/Engineer within 15 days of completion of that designated portion of the work. B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor, supplier or manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through the Architect/Engineer, for approval prior to final execution. Refer to Division 23 sections for specific content requirements and particular requirements for submitting special warranties. C. Form of Submittal: At Final Completion compile 2 copies of each required warranty '- properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. �43 WARRANTIES 01 78 10 - 2 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 f LUBBOCK, TEXAS D. Bind warranties and bonds in heavy-duty, commercial -quality, durable 3-ring, vinyl - covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-1 1 -inch (115-by-280-mm) paper. 1. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address, and telephone number of the Installer. 2. Identify each binder on the front and spine with the typed or printed title "WARRANTIES AND BONDS," Project title or name, and name of the Contractor. 3. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION 01 78 10 WARRANTIES 01 78 10 - 3 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 2.3 PIPING and EQUIPMENT SYSTEMS MARKERS 1. Markers shall be by Seaton, Allen Systems, Inc., W.H. Brady Co.- Signmark Div., In- dustrial Safety Supply Co., Inc. or equal. 2. Pipe banding shall consist of 1" wide single tape wrapped completely around the cir- cumference of the pipe or insulation. 3. All color coding shall comply with ANSI A13.1 latest edition. 4. Pipe markers shall be manufacturer's standard pre-printed, semi -rigid plastic, snap - on type or vinyl, pressure -sensitive type with permanent adhesive. 5. Valve tags shall be brass, plastic laminate, or plastic valve tags that are 1'/2" diame- ter or square. Indicate piping system abbreviation in '/4' high letters and sequenced valve numbers with '/2' high letters. Provide manufacturer's standard solid brass or plated steel chain, or plated steel S-hooks of the sizes required for attachment of tags to valves. 6. Equipment markers shall be laminated plastic type. Include the following, matching terminology on schedules as closely as possible: 1) Name, 2) tag number, and 3)Equipment service. Provide approximate 2'/2" x 4" markers for control devices, dampers, and valves; and 4'/2" x 6" for equipment. PART 3 - EXECUTION 3.1 MOTOR INSTALLATION A. Anchor motor assembly to base, adjustable rails, or other support, arranged and sized according to manufacturer's written instructions. 3.2 GENERAL PIPING INSTALLATIONS A. Install piping free of sags and bends. B. Install fittings for changes in direction and branch connections. C. Install sleeves for pipes passing through concrete and masonry walls, and concrete floor and roof slabs. D. Exterior Wall, Pipe Penetrations: Mechanical sleeve seals installed in steel or cast-iron pipes for wall sleeves. E. Install unions at final connection to each piece of equipment. F. Install dielectric unions and flanges or dielectric coupling and nipple fittings to connect piping materials of dissimilar metals. } COMMON WORK REQUIREMENTS FOR HVAC 23 00 53 - 2 f r LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 3.3 GENERAL EQUIPMENT INSTALLATIONS A. Install equipment level and plumb, parallel and perpendicular to other building systems and components, unless otherwise indicated. B. Install mechanical equipment to facilitate service, maintenance, and repair or replacement of components. Connect equipment for ease of disconnecting, with minimum interference to other installations. Extend grease fittings to accessible locations. 3.4 HANGERS AND SUPPORTS A. Comply with MSS SP-69 and MSS SP-89. Install building attachments within concrete or to structural steel. B. Install hangers and supports to allow controlled thermal movement of piping systems. C. Install powder -actuated drive -pin fasteners in concrete after concrete is cured. Do not use in lightweight concrete or in slabs less than 4 inches thick. D. Install mechanical -expansion anchors in concrete after concrete is cured. Do not use in lightweight concrete or in slabs less than 4 inches thick. E. Load Distribution: Install hangers and supports so piping live and dead loading and stresses from movement will not be transmitted to connected equipment. F. Horizontal -Piping Hangers and Supports: Unless otherwise indicated and except as specified in piping system Specification Sections, install the following types: 1. Adjustable Steel Clevis Hangers (MSS Type 1): For suspension of noninsulated or insulated stationary pipes, NPS 1/2 to NPS 30. G. Vertical -Piping Clamps: Unless otherwise indicated and except as specified in piping system Specification Sections, install the following types: 1. Extension Pipe or Riser Clamps (MSS Type 8): For support of pipe risers, NPS 3/4 to NPS 20. 2. Carbon- or Alloy -Steel Riser Clamps (MSS Type 42): For support of pipe risers, NPS 3/4 to NPS 20, if longer ends are required for riser clamps. 3.5 CUTTING AND PATCHING _.. A. All cutting necessary for installation of the work and any required patching that results therefrom shall be done by the proper trade involved and shall be included in the work of this Contractor. Columns, beams, girders or other structural members shall not be cut. No openings shall be cut without written approval of the Owner's Representative. COMMON WORK REQUIREMENTS FOR HVAC 23 00 53 - 3 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 LUBBOCK, TEXAS 223-0003-001 B. Cutting shall be limited to the size necessary for working conditions. When cutting surfaces are difficult or costly to replace, such as glazed tile, wood paneling, etc., each contractor shall obtain the Owner's approval in advance of the cutting and patching. 3.6 ROOF PENETRATIONS A. Any penetration of the roof shall be provided with a roof curb, pitch pocket, or other appropriate roof penetration apparatus as herein described. B. Cutting of the metal decking for all unframed openings is the responsibility of the Contractor requiring the opening. Cutting, patching and flashing of roof shall be the responsibility of the Contractor needing the opening. Roof cutting and patching shall be subcontracted to a qualified roof installer, acceptable to the Owner. C. When penetrations occur in an existing roof, the penetrations shall be made in the presence of the Owner. If the penetration reveals any indication of wet or damaged roof, insulation, subroof or structure, all roof work by this contractor shall stop and the Owner shall be notified in writing as to the conditions found. D. At all times during construction, this Contractor shall provide temporary covers, enclosures, etc., required at roof openings to prevent injury to personnel and to prevent outdoor elements (water, wind, etc.) from entering the opening. END OF SECTION 23 00 53 COMMON WORK REQUIREMENTS FOR HVAC 23 00 53 - 4 ' t LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS SECTION 23 00 83 - HVAC INSULATION PART 1 - GENERAL 1.1 SECTION REQUIREMENTS A. Submittals: Product Data for each type of HVAC insulation material. B. Quality Assurance: Labeled with maximum flame -spread index of 25 and maximum smoke -developed index of 50 according to ASTM E 84. PART 2 - PRODUCTS 2.1 INSULATION MATERIALS A. Mineral -Fiber Blanket Insulation: Comply with ASTM C 553, Type II and ASTM C 1290, Type I. B. Mineral -Fiber Board Insulation: Comply with ASTM C 612, Type IA or Type IB. For equipment applications, provide insulation with factory -applied ASJ. C. Mineral -Fiber, Preformed Pipe Insulation: Comply with ASTM C 547, Type I, Grade A, with factory -applied ASJ. D. Mineral -Fiber Adhesive: Comply with MIL-A-3316C, Class 2, Grade A. E. Vapor -Barrier Mastic: Water based; suitable for indoor and outdoor use on below ambient services. F. Factory -Applied Jackets: When factory -applied jackets are indicated, comply with the following: 1. ASJ: White, kraft-paper, fiberglass -reinforced scrim with aluminum -foil backing; complying with ASTM C 1136, Type I. G. ASJ Tape: White vapor -retarder tape matching factory -applied jacket with acrylic adhesive, complying with ASTM C 1136. HVAC INSULATION 23 00 83 - 1 I I LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS ' FI PART 3 - EXECUTION 3.1 INSULATION INSTALLATION A. Comply with requirements of the Midwest Insulation Contractors Association's "National Commercial & Industrial Insulation Standards" for insulation installation on pipes and equipment. B. Mineral -Fiber Insulation Installation: 1. Insulation Installation on Straight Pipes and Tubes: Where vapor barriers are indicated, seal longitudinal seams, end joints, and protrusions with vapor -barrier mastic and joint sealant. 2. For insulation with factory -applied jackets on above ambient surfaces, secure laps with outward clinched staples at 6 inches (150 mm) o.c. 3. For insulation with factory -applied jackets on below ambient surfaces, do not staple longitudinal tabs but secure tabs with additional adhesive as recommended by insulation material manufacturer and seal with vapor -barrier mastic and flashing sealant. 4. Blanket and Board Insulation Installation on Ducts and Plenums: Secure with adhesive and insulation pins. 5. For ducts and plenums with surface temperatures below ambient, install a continuous unbroken vapor barrier. C. Plenums and Ducts Requiring Insulation: 1. Concealed and exposed supply and outdoor air. D. Plenums and Ducts Not Insulated: 1. Metal ducts with duct liner. 2. Factory -insulated plenums and casings. 3. Flexible connectors. 4. Factory -insulated access panels and doors. 3.2 DUCT AND PLENUM INSULATION SCHEDULE A. Concealed duct insulation shall be one of the following: 1. Mineral -Fiber Blanket: 1-1/2 inches thick and 1.5-Ib/cu. ft. nominal density. 2. Mineral -Fiber Board: 1-1/2 inches thick and 2-lb/cu. ft. nominal density. a 3.3 HVAC PIPING INSULATION SCHEDULE A. Chilled Water: Insulation shall be the following: 1. Mineral -Fiber, Preformed Pipe, Type I: 1-1/2 inches thick. --- HVAC INSULATION 23 00 83 - 2 [.1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS B. Heating -Hot -Water Supply and Return, 200 Deg F and below: Insulation shall bethe following: 1. Mineral -Fiber, Preformed Pipe, Type I: 2 inches thick. END OF SECTION 23 00 83 HVAC INSULATION 230083-3 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS THIS PAGE INTENTIONALLY LEFT BLANK HVAC INSULATION 23 00 83 - 4 i -, LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS SECTION 23 01 81 - HYDRONIC PIPING PART 1 - GENERAL 1.1 SECTION REQUIREMENTS _; A. Summary: Heating and cooling water piping and condensate drain piping. PART 2 - PRODUCTS 2.1 PIPES, TUBES, AND FITTINGS A. Hard Copper Tubing: ASTM B 88, Type L with ASME B16.22 wrought -copper solder fittings and ASTM B 32, 95-5 tin antimony solder. B. Steel Pipe: ASTM A 53, Schedule 40, plain ends with malleable iron threaded fittings, Class 150. C. Unions: ASME B16.39, malleable -iron, Class 150, hexagonal stock, with ball-and- socket joints, metal -to -metal bronze seating surfaces; female threaded ends. D. Dielectric Nipples: Electroplated steel nipple with inert and noncorrosive, thermoplastic lining; plain, threaded, ends. 2.2 HYDRONIC SPECIALTIES A. Manual Air Vent: Bronze body and nonferrous internal parts; 150-psig working pressure, 225 deg F operating temperature; manually operated with screwdriver or thumbscrew; with NPS 1/8 discharge connection and NPS 1/2 inlet connection. B. Y-Pattern Strainers: 150-psig working pressure; cast-iron body (ASTM A 126, Class B), flanged ends for NPS 2-1/2 and larger, threaded connections for NPS 2 and smaller, bolted cover, perforated Type 304 stainless -steel basket, and bottom drain connection. PART 3 - EXECUTION 3.1 INSTALLATION A. Comply with requirements in Division 23 Section "Common Work Requirements for HVAC" for basic piping installation requirements. HYDRONIC PIPING & SPECIALTIES 2301 81 - 1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS B. Install piping free of sags and bends and install fittings for changes in direction and branch connections. C. Install piping at a uniform slope of 0.2 percent upward in the direction of flow. D. Make reductions in pipe sizes using eccentric reducer fitting installed with level side up. - E. Install unions in pipes adjacent to each valve, at final connections with each piece of equipment, and elsewhere as indicated. F. Remove stems, seats, and packing of valves and accessible internal parts at piping specialties before soldering or brazing. 3.2 VALVE INSTALLATIONS A. Shutoff Duty: Use butterfly or ball valves. B. Throttling Duty: Use globe or ball valves. C. Install shutoff -duty valves at each supply connection to each piece of equipment, and elsewhere as indicated. D. Install throttling -duty valves at return connections to each piece of equipment, and elsewhere as indicated. E. Install calibrated plug valves on the outlet of each heating or cooling element and elsewhere as required to facilitate system balancing. F. Install drain valves at low points in mains, risers, branch lines, and elsewhere as required for system drainage, consisting of a tee fitting, NPS % ball valve, and short NPS 3/4 threaded nipple and cap. G. Install manual air vents at high points in the system, at heat -transfer coils, and elsewhere as required for system air venting. H. Install valves with stem up. Allow clearance above stem for check mechanism removal. 3.3 SPECIALTIES INSTALLATIONS A. Install strainers on inlet side of each control valve, pressure -reducing valve, solenoid valve, in -line pump, and elsewhere as indicated. 3.4 TESTING, ADJUSTING, AND BALANCING A. Clean and flush hydronic piping systems. Remove, clean, and replace strainer screens. HYDRONIC PIPING & SPECIALTIES 23 01 81 - 2 -� �r LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS B. Hydrostatically test completed piping at a pressure one and one-half times operating pressure. Isolate equipment before testing piping. Repair leaks and retest piping until there are no leaks. C. Balance water flow to indicated quantities as shown on Contruction Drawings. 3.5 PIPING SCHEDULE A. Hot and Chilled Water, NPS 2 and Smaller: 1. Aboveground: Drawn -temper copper tubing with soldered joints, or steel pipe with threaded joints. 2. Aboveground: Steel pipe with threaded joints. B. Hot and Chilled Water, NPS 2-1/2 and Larger: 1. Aboveground: Steel pipe with threaded joints. C. Condensate Drain Lines: Drawn -temper copper tubing with soldered joints. END OF SECTION 23 01 81 HYDRONIC PIPING & SPECIALTIES 2301 81 - 3 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT I REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS Al THIS PAGE INTENTIONALLY LEFT BLANK p HYDRONIC PIPING & SPECIALTIES 23 01 81 - 4 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 LUBBOCK, TEXAS SECTION 230810 - DUCTS AND ACCESSORIES PART 1 - GENERAL 1.1 SECTION REQUIREMENTS 223-0003-001 A. Summary: Metal and accessories in pressure class 2-inch wg or less and a maximum velocity of 2400 fpm. B. Submittals: Shop Drawings detailing duct construction, types of duct accessories, duct sizes, transitions, radius and vaned elbows, and special supports details. C. -Comply with NFPA 90A. D. Comply with SMACNA HVAC Duct Construction Standards -Metal & Flexible, 2006 version. E. Comply with UL 181 and UL 181A for ducts and closures. PART 2 - PRODUCTS 2.1 DUCTS A. Galvanized Steel Sheet: Forming steel with minimum G60 hot -dip galvanized coating. B. Carbon -Steel Sheets: ASTM A 366/A 366M, cold -rolled sheets; commercial quality; with oiled, matte finish for exposed ducts. C. Duct Liner: ASTM C 1071, Type II, 1 inch thick, 1.5 Ib/cu ft. density; with an airstream surface coated with a high -temperature -resistant, antimicrobial coating. 1. Adhesive: ASTM C 916, Type I. 2. Mechanical Fasteners: Galvanized steel pin, length required to penetrate liner plus a maximum 1/8-inch projection into the airstream. D. Joint and Seam Tape, and Sealant: Comply with UL 181A. E. Rectangular Metal Duct Fabrication: Comply with SMACNA's "HVAC Duct Construction Standard" for metal thickness, reinforcing types and intervals, tie -rod applications, and joint types and intervals. 2.2 ACCESSORIES A. Flexible Connectors: Flame -retarded or noncombustible fabrics, coatings, and adhesives complying with UL 181, Class 1. DUCTS AND ACCESSORIES 23 08 10 - 1 i LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 LUBBOCK, TEXAS PART 3 - EXECUTION 223-0003-001 3.1 INSTALLATION A. Duct System Pressure Class: Construct and install each duct system for the specific duct pressure classification indicated. B. Conceal ducts from view in finished and occupied spaces. C. Support and connect metal ducts according to SMACNA's "HVAC Duct Construction Standard." D. Install duct accessories according to details of construction as shown in SMACNA standards. 3.2 TESTING, ADJUSTING, AND BALANCING A. Balance airflow at the air handling unit, to indicated quantities. END OF SECTION 23 08 10 DUCTS AND ACCESSORIES 23 08 10 - 2 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS SECTION 23 09 00 - HVAC INSTRUMENTATION AND CONTROLS PART 1 - GENERAL 1.1 SECTION REQUIREMENTS A. Summary: Building Automation system controls for HVAC equipment. B. System Description: New Automated Logic controller shall be factory mounted in new air handling unit by AHU manufacturer. New Controller shall interface with existing Automated Logic Building Automation System. C. Operation Sequence: The existing sequence of operation for the existing air handling unit to be replaced, shall remain for the new air handling unit. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 INSTALLATION A. Install control wiring as required to connect new AHU controller to existing Automated Logic building automation system. B. Update graphics on user workstation as necessary to reflect points list and new AHU configuration. END OF SECTION 23 09 00 HVAC INSTRUMENTATION AND CONTROLS 23 09 00 - 1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT I I REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS i THIS PAGE INTENTIONALLY LEFT BLANK d HVAC INSTRUMENTATION AND CONTROLS 23 09 00 - 2 I LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 LUBBOCK, TEXAS SECTION 23 09 50 - TESTING, ADJUSTING, AND BALANCING PART 1 - GENERAL 1.1 SECTION REQUIREMENTS 223-0003-001 A. This Section includes testing and balancing to produce design objectives for air and hydronic systems. B. Certified Reports: Submit two copies of reports prepared, as specified in this Section, on approved forms certified by test and balance firm. C. TAB Firm Qualifications: Engage a TAB firm certified by either AABC or NEBB. D. TAB Report Forms: Use standard forms from AABC's "National Standards for Testing and Balancing Heating, Ventilating, and Air Conditioning Systems." NEBB's "Procedural Standards for Testing, Adjusting, and Balancing of Environmental Systems." or SMACNA's "HVAC Systems - Testing, Adjusting, and Balancing." PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 EXAMINATION A. Examine the Contract Documents to become familiar with Project requirements and to discover conditions in systems' designs that may preclude proper test and balance of systems and equipment. B. Examine approved submittal data of HVAC systems and equipment. C. Examine system and equipment installations to verify that they are complete and that testing, cleaning, and adjusting, specified in individual Sections have been performed. D. Examine HVAC equipment to ensure that clean filters have been installed, belts are aligned and tight, and equipment with functioning controls is ready for operation. E. Examine automatic temperature system components to verify the following: 1. Dampers, valves, and other controlled devices are operated by the intended controller. 2. Dampers and valves are in the position indicated by the controller. 3. Integrity of dampers and valves for free and full operation and for tightness of fully closed and fully open positions. TESTING, ADJUSTING, AND BALANCING 23 09 50 - 1 i LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 LUBBOCK, TEXAS 223-0003-001 4. Automatic modulating and shutoff valves, including two-way valves and three- way mixing and diverting valves, are properly connected. 5. Sequence of operation for control modes is according to the Contract Documents. 6. Controller set points are set at indicated values. 7. Changeover from heating to cooling mode occurs according to indicated values. F. Report deficiencies discovered before and during performance of test and balance procedures. 3.2 GENERAL PROCEDURES FOR TESTING AND BALANCING A. Perform testing and balancing procedures on each system according to the procedures contained in AABC's "National Standards for Testing and Balancing Heating, Ventilating, and Air Conditioning Systems", NEBB's "Procedural Standards for Testing, Adjusting, and Balancing of Environmental Systems", or SMACNA's "HVAC Systems - Testing, Adjusting, and Balancing" and this Section. B. Cut insulation, ducts, pipes, and equipment cabinets for installation of test probes to the minimum extent necessary to allow adequate performance of procedures. After testing and balancing, close probe holes and patch insulation with new materials identical to those removed. Restore vapor barrier and finish according to insulation Specifications for this Project. C. Mark equipment and balancing device settings with suitable, permanent identification material, including damper -control positions, valve position indicators, fan -speed - control levers, and similar controls and devices, to show final settings. D. Take and report testing and balancing measurements in inch -pound (IP) units. 3.3 GENERAL PROCEDURES FOR BALANCING AIR SYSTEMS A. Determine the best locations in main and branch ducts for accurate duct airflow measurements. B. Verify that motor starters are equipped with properly sized thermal protection. C. Check for airflow blockages. D. Check condensate drains for proper connections and functioning. E. Check for proper sealing of air -handling unit components. F. Check for proper sealing of air duct system. a TESTING, ADJUSTING, AND BALANCING 23 09 50 - 2 i LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 3.4 GENERAL PROCEDURES FOR HYDRONIC SYSTEMS A. Prepare test reports with pertinent design data; number in sequence starting at pump to end of system. Check the sum of branch -circuit flows against approved pump flow rate. B. Prepare hydronic systems for testing and balancing according to the following, in addition to the general preparation procedures specified above: 1. Open all manual valves for maximum flow. 2. Set system controls so automatic valves are wide open to coils. 3.5 TOLERANCES A. Set HVAC system airflow and water flow rates within the following tolerances: 1. Supply, Return, and Exhaust Fans and Equipment with Fans: Plus 5 to plus 10 percent. 2. Heating -Water Flow Rate: 0 to minus 10 percent. 3. Cooling -Water Flow Rate: 0 to minus 5 percent. END OF SECTION 23 09 50 TESTING, ADJUSTING, AND BALANCING 23 09 50 - 3 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 LUBBOCK, TEXAS THIS PAGE INTENTIONALLY LEFT BLANK 223-0003-001 TESTING, ADJUSTING, AND BALANCING 23 09 50 - 4 4. LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS SECTION 237313 — OUTDOOR CUSTOM ROOFTOP AIR -HANDLING UNITS PART 1. GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Custom, outdoor, curb mounted, constant volume air -handling units. 1.3 SUBMITTALS A. Shop Drawings: Indicate assembly drawings, unit dimensions, weight loading, required clearances, construction details, field connection details, electrical characteristics and connection requirements. B. Product Data: 1. Provide literature, which indicates dimensions, weights, capacities, ratings, fan performance, gauges and finishes of materials, electrical characteristics and connection requirements. 2. Provide data on filter media, filter performance data, filter assembly, and filter frames. 3. Provide fan curves with specified operating point clearly plotted. 4. Submit sound power level data for the air handling unit outlet, inlet and casing radiated at rated capacity and specified pressure. 5. Submit electrical requirements for power supply including wiring diagrams for interlock and control wiring, clearly indicating factory installed and field installed wiring. 6. Applicable warranty certificates. 1.4 OPERATION AND MAINTENANCE DATA A. Maintenance Data: Include instructions for inspection, maintenance, lubrication, filter replacement, motor and drive replacement, adjustments, spare parts lists and wiring diagrams. B. Manufacturer's Installation Instructions. 1.5 QUALIFICATIONS ' OUTDOOR CUSTOM ROOFTOP AIR HANDLING UNITS 23 73 13 -1 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS "} i A. Manufacturer: Company specializing in the design and manufacture of the products specified in this section with a minimum of ten (10) years documented experience, and which issues complete catalog data on the total product. B. Each unit shall bear an ETL label, conforming to UL Standard 1995. 1.6 WARRANTY A. Manufacturer shall provide the complete unit with a limited parts only warranty covering the first year of operation. The warranty period shall commence on the date of first equipment startup or six months after the date of shipment, whichever shall occur first. 7 QUALITY ASSURANCE A. Prior to submission of bid, AHU manufacturer or certified representative shall visit the site to review existing air handling unit configuration, dimesnions, roof curb configuration, and piping and duct configuration. New unit shall utilize existing roof curb, duct connections and piping connection locations. B. Conform to all information documented in approved submittal package and construction notes. C. Fan vibration test results shall be available for review prior to any air handling unit shipment to the jobsite. D. Manufacturer shall have a documented quality assurance plan for providing consistent product quality. The quality assurance plan shall include component quality check lists, random product inspections, fan balance reports, coil and piping leak test reports, electrical system test reports, etc. Copies of these reports shall be made available to the engineer upon request. 1.8 DELIVERY STORAGE AND HANDLING A. Deliver, store, protect and handle in accordance with the manufacturer's Operation & Maintenance manuals. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Subject to compliance with these specifications, plans, and equipment schedules, provide equipment manufactured by one of the following: 1. Energy Labs. 2. Temtrol 3. ClimateCraft 4. Pre -Approved Equivalent 2.2 UNIT CABINET OUTDOOR CUSTOM ROOFTOP AIR HANDLING UNITS 237313-2' LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS i A. General Construction 1. Cabinets shall be constructed in a water and airtight manner and shall have a leakage performance equal to or better than SMACNA Class 5. 2. Units shall comply with UL1995 and NFPA90. 3. Units shipping in multiple sections shall be designed for ease of field joining. Field joining shall be accomplished using instructions and materials supplied by the unit manufacturer, and shall be capable of providing a factory quality seal. B. Base 1. Each unit shall be constructed on a base fabricated from ASTM A36 welded structural steel channel. Tubular or formed bases are not acceptable. 2. To provide adequate strength and U200 rigidity for uniform lifting, bases shall be sized as a function of air handling unit length as follows: AHU UNIT LENGTH MINIMUM BASE CHANNEL SIZE Up to 10' 4" x 1%" (5.4lbs/lin. ft.) 11' to 20' 6" x 2" (8.2lbs/lin. ft.) 21' to 30' 8" x 2Y2" (11.5lbs/lin. ft.) 31' to 40' 10" x 2%" (15.3lbs/lin. ft.) 41' and longer 12" x 3" (20.7lbs/lin. ft.) 3. Heavy duty lifting lugs shall be added to the perimeter channel along the longest length of the unit to facilitate hoisting and field attachment to the building structure. After fabrication, the base frame shall be thoroughly cleaned, primed and painted with an industrial grade, high solids polyurethane paint. The paint system shall meet ASTM 13117 salt spray test criteria for a minimum of 2,000 hours. `s 4. The unit floor shall be fabricated of 12-gauge G90 galvanized steel sheets. Galvanized steel walking areas shall be treated with an anti -slip, epoxy paint system. The entire floor shall be insulated with water impervious foam, minimum R14 total insulating value and protected by a G90 galvanized steel under liner. Glass fiber insulation is not acceptable. 5. Floor sheets shall maintain a water and airtight seal and be capable of supporting a 3001b. load with maximum U200 deflection at any floor seam. Flooring shall be mechanically attached and feature a thermal break. Floors without a thermal break will not be accepted. All floor openings shall include a 12 gauge galvanized steel flange around the entire perimeter duct connection. Floor openings larger than 8"x8" shall be covered with aluminum grating designed to support a minimum of 100lbs/sq. ft. No fastener penetrations through the floor sheets shall be acceptable. C. Unit Cabinet 1. Cabinet shall utilize a modular panel construction. Exterior wall and roof panels shall feature a Class A thermal break. Wall panels shall be constructed of 18- OUTDOOR CUSTOM ROOFTOP AIR HANDLING UNITS 23 73 13 - 3 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS gauge galvannealed steel exterior panels with industrial grade paint. Paint shall provide a durable finish with excellent color and gloss retention, shall meet ASTM B117 salt spray performance criteria for a minimum rating of 1,000 hours and shall be covered by a 10 year manufacturer's limited warranty. All panels shall be securely attached to each other, to the roof, and to the base and all seams shall be sealed to create a water and airtight assembly. Exterior fasteners shall be stainless steel. 2. Wall and roof panel construction shall be 2" thick, R12.1, moisture resistant polyisocyanurate foam protected by a solid interior liner. Interior liners shall be 20- gauge, G90 bright galvanized steel. Steel exterior panels shall feature steel interior liners, and aluminum exterior panels shall feature aluminum interior liners. Air handling unit housing shall meet NFPA 90A smoke and flame spread limits. 3. Units with fasteners that penetrate thru the wall or roof panels and into the air tunnel will not be acceptable. 4. Roof mounted units shall use a standing seam, pitched roofing system that provides a positive slope for drainage. Roof panels shall feature a Class A thermal break and shall be constructed of 20-gauge galvannealed steel exterior panels with industrial grade paint. Paint shall provide a durable finish with excellent color and gloss retention, shall meet ASTM 13117 salt spray performance criteria for a minimum rating of 1,000 hours, and shall be covered by a 10 year manufacturer's limited warranty. Interior liners shall be 20-gauge, G90 bright galvanized steel. D. Doors Hinged, double wall, man size access doors shall be provided in all sections requiring access for maintenance or service as indicated in the Plan documents. Door thickness, R value and exterior and interior materials shall match those of its associated section. The door frame shall be extruded aluminum. All doors installed downstream of the cooling coil) shall exhibit a Class A thermal break. Access doors shall be fully sealed with a dual set of closed cell, replaceable neoprene gasket. Door gasket shall be installed to allow for easy removal and replacement in case of damage. 2. Door hinges and latches shall be adjustable, without the use of shims or special tools. Hinges shall be stainless steel or cast aluminum. 3. Door handles shall be composite, fiber reinforced nylon. Doors shall open against pressure or shall include a built-in safety catch to release cabinet operating pressure prior to opening the door. 4. Fan section door(s) shall be equipped with a switch interlocked with the fan starter to stop the fan before the access door is opened. 5. Provide a rain diverter over each door frame. OUTDOOR CUSTOM ROOFTOP AIR HANDLING UNITS 23 73 13 - 4 H LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS i 2.3 INTERNAL COMPONENTS A. Fan Assembly General Requirements for All Fans a. Fans shall be of the size and type shown in the project Schedule and shall perform as indicated. b. Fan performance shall be in accordance with AMCA Standards 210 and 300. Fans shall bear the AMCA seal for air and sound performance. c. Fan and motor shall be mounted on an internal, fully welded, rigid steel assembly. on minimum 2" deflection spring isolators. The spring isolators shall be mounted to structural steel members. The fan discharge shall be isolated from the cabinet by means of a neoprene -coated flexible connection. 2. Direct Drive Fans a. Multiple plenum fan assemblies shall be provided. Fans shall be arranged to provide even air distribution within the unit cabinet. Minimum/maximum fan quantity shall be as indicated in the project Schedule. Total fan BHP and motor HP shall not be exceeded. b. Fan wheel shall be aluminum with extruded aluminum airfoil blades continuously welded to the fan side plates. The fan back plane shall be bolted to a cast aluminum fan hub with keyway. Fan inlets shall be isolated from the cabinet by means of a neoprene -coated flexible connection. c. Motors shall be premium efficiency to meet or exceed the requirements in EISA 2007. Motors shall be TEFC, NEMA frame, cast iron casing, ball bearing type complete with grease lubricated bearings and zerk fittings for field lubrication. Motors shall have a NEMA Class F insulation rating with Class B temperature rise, and have a 1.15 service factor. d. Each motor shall be provided with a shaft grounding device that will bleed potential induced motor shaft voltage to ground. e. Fan quantities, Class rating and motor selection shall support 90% design operation in case of a motor failure. Fan curves for each operating condition shall be provided. f. Fan arrays shall be provided with one manually installed shut off plate per array. Shut off plate to be used in the event of a motor failure to prevent air bypass through the off fan. B. Coils 1. Coils shall be rated in accordance with AHRI Standard 410 and licensed to bear the AHRI certification seal. 2. All cooling coil sections shall include drain pans constructed from 16-gauge, type 304 stainless steel. Drain pans shall be insulated with a minimum R14 insulation to prevent condensation under the pan. Insulation shall be protected with a type 304 SS outer liner. 3. Drain pans shall be sized such that the entire coil, including headers and return bends, are contained within the drain pan. Drain pans must slope in two directions OUTDOOR CUSTOM ROOFTOP AIR HANDLING UNITS 23 73 13 - 5 ,t LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT,' REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS ' I so that there is no standing water in the pan. A stainless steel condensate connection shall be provided on one side of the unit. 4. Coils shall be supported on 10 gauge stainless steel members Intermediate condensate drain pans shall be furnished on all stacked coil arrangements and single coils greater than 48" finned height. Pans shall be sloped, 16-gauge, type 304 stainless steel and shall drain to the main pan through copper downspouts. 5. All water coils shall be of the high efficiency, plate fin, extended surface type. Tubes shall be 5/8" OD seamless copper with a 0.020" minimum wall thickness. 6. Coils shall have individually replaceable return bends with a minimum wall thickness that matches the performance of the specified coil tube thickness. Tubes shall be expanded into the fin collars to provide a permanent mechanical bond 7. The coil fins shall be formed of 0.008 aluminum fins spaced not closer than 12 fins per inch with integral spacing collars that cover the tube surface. Headers shall be seamless copper tube, outside of the airstream. 8. Coil connections shall be steel MPT. Supply and return connections shall be extended to the interior piping chase in the air handling unit. All vent & drain connections shall be extended to the cabinet exterior. Connection exit locations shall be sealed airtight at the factory. 9. All coils shall utilize counter flow circuiting with connections left or right hand as shown on the drawings and verified in the field by the contractor and AHU supplier. 10. Cooling coil casings shall be minimum 16-gauge, type 304 stainless steel. 11. Heating coil casings shall be 16-gauge 304 stainless steel. Reinforcing shall be furnished so that the unsupported fin length is not over 60". 12. All water coils shall have a working pressure rating of 250psig and shall be factory tested under water at 350psig. Headers are to be located inside the cabinet casing. All sides of the coils shall be carefully blanked off to ensure all air passes through the coil. C. Filters 1. Complete filter sections shall be integral to the air -handling unit. Filter frames shall be arranged for side loading. Filter frames shall be 16 Ga. Galvanized steel and shall include factory applied gasket. 2. Frames shall be installed with vertical stiffeners to provide a rigid assembly. All filter clips shall be provided by the air handling unit manufacturer. Clips shall be capable of use without a tool. All filter frames shall be 12"x24" or 24"x24" in size. 3. Each filter rack shall come complete with a factory installed pressure gauge, complete with static pressure taps, hardware and fittings. Combination filter racks with pre and final filters shall have dual gauges, one to indicate the air pressure drop across the pre -filter and one to indicate final filter pressure drop. 4. Medium efficiency filters shall be 2" thick rigid, disposable pleated media type, rated MERV 8 per ASHRAE Standard 52.2. 5. High efficiency filters shall be 4" thick rigid, disposable pleated media type, rated MERV 13 per ASHRAE Standard 52.2 D. Dampers OUTDOOR CUSTOM ROOFTOP AIR HANDLING UNITS 23 73 13 - 6 = LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 1. Dampers shall be supplied with ultra low leak extruded 6063T5 aluminum airfoil blades. Blades shall be supplied with bulb type edge seals and stainless steel arc end seals. Edge seals shall be backed by the damper blade to assure a positive seal in the closed position. 2. Dampers shall be provided with nylon bearings within extruded openings. 3. Damper leakage shall not exceed 6 CFM/ft2 at 5.0" of static pressure. Leakage rating shall be determined by testing performed in accordance with AMCA Standard 500, figure 5.5, and tests shall have been performed by an independent testing laboratory. 4. 100% outdoor air section dampers shall be opposed blade type. Dampers shall be sized for not greater than 1200 fpm face velocity based upon gross damper area. Furnish full height, 24" wide access doors for damper and linkage service. 5. Economizer mixing box dampers shall be parallel blade type and shall be arranged to provide the maximum available impingement and mixing of the return air and outdoor air streams. Exhaust dampers shall be opposed blade type. Dampers shall be sized for not greater than 1200 fpm face velocity based upon gross damper area. Furnish full height, 24" wide access doors for damper and linkage service. 6. Direct coupled damper actuators shall be provided and installed by the air handling unit manufacturer. Actuators shall be spring return type. E. Hoods and Louvers 1. All exhaust openings shall include factory provided and installed weather louvers. Louvers shall use stationary horizontal blades contained in a weather resistant frame designed to shed all runoff from the louver blades. Louver assemblies shall be constructed of 0.064 aluminum. A 1/2" wire mesh bird screen shall be provided with all louver assemblies. Louvers shall be tested and rated per AMCA Standard 500. All louvers shall be selected at a free area velocity that yields no measurable water penetration as defined by AMCA Standard 500. 2. All intake openings shall include a factory provided weather hood. Weather hoods shall be a heavy-duty construction and shall be fabricated from the same material as the exterior skin of the unit. Rain hoods shall extend past the entire perimeter opening. A 1/2" wire mesh bird screen shall be provided with all hoods. 2.4 Electrical Power Service A. Supply & return fan arrays shall be factory wired to a motor control center with flexible conduit of adequate length so that it will not affect vibration isolation. Motor control center shall include motor overload protection, short circuit protection, manual disconnecting means and a power distribution block for connection to a factory supplied VFD. B. Provide single source power panels (SSPP) that are constructed to N.E.C. regulations and carry a U.L. 508 listing. Panels shall be NEMA 4 and shall have door(s) for direct access to the electrical components. Panels shall be recess mounted so that they are flush with the unit exterior and shall be ventilated by filtered air from the unit. One panel -- shall be provided for a single power connection to the unit. Panels shall have a Short Circuit Capacity Rating (SCCR) of 25,OOOamps. OUTDOOR CUSTOM ROOFTOP AIR HANDLING UNITS 23 73 13 - 7 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT 1 REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS F 1 C. Each panel shall include an externally operated non -fused main disconnect switch and a 1.5KVA, 115V transformer. D. Wiring shall be clearly labeled to allow for ease of final field connections, and shall be run in EMT conduit. Raceways are not acceptable. 2.5 Unit Controls A. Furnish factory installed ionization type smoke detectors in the return air and supply air section of the air handling unit. Smoke detector(s) to be factory wired to the power distribution panel. Smoke detectors shall be compatible with the existing Honeywell Fire alarm system. B. The air handling unit manufacturer shall supply and mount all control end devices and wire them to a terminal block in the unit's main control panel for connection to a field provided factory installed logic controller, provided by Automate Logic. All pressure sensing controls shall be piped to a common point on the unit with 1/4" compression fittings. Control end devices shall be as indicated on the control drawings. All wiring shall be clearly designated and marked. 2.6 Lights A. Provide factory installed marine type light fixtures in each air handling unit section serviced by a door. Cabinets >14' in width shall have two fixtures per section. Fixtures to be factory wired to a single switch located on the unit exterior at the access door for each section. B. A 15 amp GFCI convenience outlet shall be mounted with the light switch at the supply fan section. The electrical contractor shall bring a separate 120/60/1 power service to operate the GFCI & lighting circuit. 2.7 Variable Frequency Drive A. Variable frequency drives (VFD) shall be provided as shown on the Schedule. All VFDs and their associated options shall be UL listed, and shall comply with the applicable requirements of the latest standards of ANSI, NEMA, and National Electric Code (NEC), NEPU-70, IEEE 519-1992, FCC Part 15 Subpart J, and CE96. 1. The variable frequency drive(s) shall be flush mounted in a NEMA 1ventilated control panel inside the AHU cabinet. Drives shall ship factory mounted._ 2. Each VFD shall be backed up by a factory installed redundant VFD, complete with automatic switchover control. 2.8 Unit Piping A. Chilled water and hot water coil connections shall be factory piped to an internal pipe chase. B. Connection penetrations shall be factory sealed at the inside and exterior surfaces of the panel. All pipe insulation shall be supplied and installed in the field by the piping contractor and shall conform to the requirements of specification section 23 00 83 HVAC Insulation. OUTDOOR CUSTOM ROOFTOP AIR HANDLING UNITS 23 73 13 - 8 11 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS 2.9 UNIT TESTING AND QUALITY CONTROL A. Equipment Qualification 1. Prior to unit shipment, the following qualifications shall be performed and documented: a. All fans shall be balanced and factory run tested to ensure design integrity. b. All bearings shall be provided with a full complement of grease. c. All factory piping shall be leak tested to ensure integrity. d. All electrical circuits shall be tested to ensure correct operation. B. Cabinet Air Leakage and Deflection Testing 1. Manufacturer must have a documented quality control procedure that includes random, ongoing cabinet leak testing within the factory. Criteria for random testing shall be a minimum SMACNA Class 5 performance. C. Warranty and Start -Up Service 1. A manufacturer trained service engineer shall provide factory start-up supervision for each air -handling unit. Physical connections and start-up services are to be performed by the installing contractor. 2. Manufacturer shall provide with each unit complete Installation, Operation & Maintenance manuals at time of shipment. 3. Manufacturer shall provide a one (1) year limited parts only warranty. Warranty terms and conditions are to be included in the project submittal. PART 3 - EXECUTION 3.1 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, protect and handle products per the manufacturer's Installation, Operation & Maintenance Instructions. Store in a clean dry place and protect from weather and construction traffic. Handle carefully to avoid damage to components, enclosures and finish. 3.2 ENVIRONMENTAL REQUIREMENTS A. Do not operate units for any purpose, temporary or permanent, until ductwork is clean, filters are in place, bearings are lubricated, and the fan(s) has been test run under observation 3.3 INSTALLATION A. Assemble and install in strict accordance with manufacturer's Operation & Maintenance Instructions, shop drawings and contract documents. B. Verify all components, accessories and appurtenances are on site. C. Align, level, bolt in place and grout. D. Install in conformance with ARI 435. END OF SECTION _e OUTDOOR CUSTOM ROOFTOP AIR HANDLING UNITS 23 73 13 - 9 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT .1 REPLACE AHU-28 223-0003-001 LUBBOCK, TEXAS OUTDOOR CUSTOM ROOFTOP AIR HANDLING UNITS 23 73 13 - 10 L .� No Text ER UN&T --'Z:ITI C:Z)FEN VNG rEl CC COOLING COIL EQ EQUAL PSIA Pout CDL CONDENSATE DRAIN LINE ERU ENERGY RECOVERY UNIT PSIG POU CHWR CHILLED WATER RETURN EWT ENTERING WATER TEMPERATURE REL.A RELI CHWS CHILLED WATER SUPPLY F FAN REQD REG CLG CEILING FC FORWARD CURVED RG RETL CONC CONCRETE FF FINAL FILTER RH REU CONT CONTINUOUS FL FLOOR RPM REV( COP COEFFICIENT OF PERFORMANCE FLEX FLEXIBLE CONNECTION RR RETL CID CONTROL PANEL FOT FLAT ON TOP RTS ROO CS CURRENT SENSOR FTU FAN POWERED VAV TERMINAL UNIT RTU ROO CT CONTROL TRANSFORMER FPM FEET PER MINUTE RA RETL CU CONDENSING UNIT GA GAUGE SA SUP CV VALVE PD CHARACTERISTIC GALV GALVANIZED SF SUP DB DRYBULB GPM GALLONS PER MINUTE SD SMO DD DIRECT DRIVE HP HORSEPOWER S smo DL DOOR LOUVER ISOTR ISOLATION TRANSFORMER SR SUP DMPR DAMPER KW KILOWATTS SS STAI) .24 AHU SCH. 40 PVC CONDENSATE DRAIN. SEE SHEET M-YYY FOR SIZE 3" MIN. TRAP SEAL AIR HANDLING UNIT `-SCH. 40 PVC LONG CONDENSATE DRAIN RADIUS ELBOW (TYP) CONNECTION TYPICAL CONDENSATE DRAIN P-TRAP DETAIL SCALE: NONE