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. {"
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{ 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.
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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
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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
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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.
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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
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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
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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
❑
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❑
❑
❑
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❑
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❑
❑
❑
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❑
❑
❑
❑
❑
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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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.
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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 }
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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:
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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-
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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.
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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
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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
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