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Home My WebLink AboutResolution - 2001-R0511 - Contract For Fire Station Vehicle Exhaust Systems - Air Cleaning Technologies - 12/03/2001Resolution No. 2001 RO511 December 3, 2001 Item No. 39 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for fire station vehicle exhaust systems, by and between the City of Lubbock and Air Cleaning Technologies of Broken Arrow, Oklahoma, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 3rd day of December '2001. WINDY SIT , MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: yG�� Victor Kilman Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:/ccdocs/Contract-Air Cleaning Technologies. res Nov 21, 2001 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF LUBBOCK SPECIFICATIONS FOR FIRE STATION VEHICLE EXHAUST SYSTEMS ITB #270-01IRS ",4 & �� LP.G� �?AGfZ6d¢ •, CITY OF LUBBOCK Lubbock, Texas 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I i CITY OF LUBBOCK INVITATION TO BID Wi7:7 TITLE: FIRE STATION VEHICLE EXHAUST SYSTEMS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 270-01/RS PROJECT NUMBER: 90083.9211.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 11 C I NOTICE TO BIDDERS NOTICE TO BIDDERS ' iTB #270-01/RS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 ' o'clock p.m. on the 8th day of November, 2001, 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 with a budget amount of $100.000.00: ' "FIRE STATION VEHICLE EXHAUST SYSTEMS After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in ' the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p m on the 8th day of November 2001, and the City of Lubbock City Council will consider the bids on the 3rd day of December, 2001 at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as ' soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or supgriot. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified ' check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre-bid conference on 24th day of October 2001 at 10.00 o'clock a.m., in the Engineering Conference Room 107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13`h Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from Higgins & May, inc., 1518 34th Street, Lubbock, TX 79405, Phone: (806) 762-0419. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK V� 1;7!�� VICTOR KILMA PURCHASING MANAGER J l J 0 GENERAL INSTRUCTIONS TO BIDDERS IGENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish FIRE STATION VEHICLE EXHAUST SYSTEMS per the attached specifications and contract documents. Sealed bids will be ' received no later than 2:00 p.m. CST, the 8th day of November, 2001 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 #270-011RS, FIRE STATION VEHICLE EXHAUST SYSTEMS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: ' Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 ' Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand ' deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic ' transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. ' 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 at 10:00 a.m.. October 24th. 2001 in Engineering Conference Room 107. Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they ' represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do ' not attend the pre-bid meeting. 3 ADDENDA & MODIFICATIONS t 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 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 Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO ' VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. ' 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 Department in writing or in this ITB should be used in ' preparing bid responses. All contacts that a bidder may have had before or after receipt of .this ITB with any individuals, employees, or representatives of the City and any information that may have been read in I 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 Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 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. 8 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 CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 2 f] ' 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. ' 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the ' General Conditions. 9.2 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. 10 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. ' 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language requirements etc or any ' combinations thereof inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will ' be made. 11.2 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: RON SHUFFIELD, SENIOR BUYER ' City of Lubbock 1625 13'r' Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email rshuffieid@mail.ci.lubbock.tx.us ' 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within SIXTY (60) CONSECUTIVE CALENDAR DAYS :from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 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. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 3 14 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. 15 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. 16 GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 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. 16.3 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. 16.4 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. 17 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 18 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 b the intended contract and all work in progress with bond amounts and percentage completed. y ' (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 19 TEXAS STATE SALES TAX ' 19.1 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. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable hien to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 20 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 locato and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the ' project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by ' Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 21 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. 22 EXPLOSIVES ' 22.1 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 use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. ' 22.3 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. ' 23 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. 24 INSURANCE 24.1 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. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working .days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, it 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. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's 'Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees 6 ' according to one of the classifications set forth in the schedule of general prevailing rate of per deem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on ' whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these ' contract documents. 27 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. ' 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to ' do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. in case of discrepancy between the price written in words and the .price written in figures, the price written in words shall govern. 28.2 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. ' 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: ' 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, ' but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been ' opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 BOUND COPY OF CONTRACT DOCUMENTS ' Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: ' (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. ' (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. ' (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. 1 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. 30 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 City of Lubbock reserves the right to reject any bid 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. 31 BID AWARD 31.1 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 Items _through plus the sum of any Alternate Bids the City may select. 31.2 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. 31.3 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. 31.4 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. 31.5 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. 31.6 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. STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) ' OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Bond Number SWIFSU0287600 Air Cleaning KNOW ALL MEN BY THESE PRESENTS, that Technologies, Inc. (hereinafter called the Principal(s), as Principal(s), and International Fidelity Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of **See Below Dollars ($98,596.0 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. **Ninet�y Ei ht Thousand Five Hundred Ninety Six Dollars and 00/100. WHEREA�, the Principal has entered into a certain written contract with the Obligee, dated the 3rd day of December 20 O1,ro_ Bid 4270—01/RS — Fire Station Vehicle Exhaust Systems and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS.OBLIGATION IS SUCH, that if the said Principal shall pay all 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 december - _ 20_01. International Fidelity S .By.. �25 (Title Robbie Loyd,Attorney—in—Fact Air Cleaning Technolocties . Ire _ (Company Name) By: MONTY D. DUNCAN (Printe me) Signature) (Title) CORPORATE SECRETARY The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Susan Williams 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. International Fidelity Insurance Company Surety * By: R Ttl oB ie Loyd Approved as to form: Attorney—in—Fact City of Lubbock City Attorney Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 BID SUBMITTAL J r L BID SUBMITTAL LUMP SUM BID CONTRACT I DATE: NOVEMBER 5, 2001 PROJECT NUMBER: #270-01/RS - FIRE STATION VEHICLE EXHAUST SYSTEMS t Bid of AIR CLEANING TECHNOLOGIES. INC. 1300 West Detroit Broken Arrow, ox 74012 (hereinafter -called Bidder) 800-351-1858 To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a FIRE STATION VEHICLE EXHAUST SYSTEMS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE BID: FIRE STATION VEHICLE EXHAUST SYSTEMS FOR FIRE STATIONS #1, #10 & #12: MATERIALS: FORTY ONE THOUSAND SEVENTY SIX DOLLARS ($ 41,076.00 ) SERVICES: TWENTY FOUR THOUSAND FIVE HUNDRED SEVENTY FOUR DOLLARS ($ 24,574.00 ) TOTAL BASE BID: SIXTY FIVE THOUSAND SIX HUNDRED FIFTY DOLLARS ($ 65,650.00 ) OPTION #1: FIRE STATION VEHICLE EXHAUST SYSTEM FOR FIRE STATION #14: MATERIALS: NINE THOUSAND NINE HUNDRED SEVEN DOLLARS ($ 9.907.00 ) SERVICES: SIX THOUSAND TWO HUNDRED FIFTEEN DOLLARS ($ 6,215.00 ) TOTAL BID OPTION #1: SIXTEEN THOUSAND ONE HUNDRED TWENTY TWO DOLLAR OPTION #2: FIRE STATION VEHICLE EXHAUST SYSTEM FOR FIRE STATION #3: MATERIALS: TEN THOUSAND ONE HUNDRED FIFTY NINE DOLLARS ($ 10.159.00 ) SERVICES: SIX THOUSAND SIX HUNDRED SIXTY FIVE DOLLARS ($ 6,665.00 ) TOTALBID OPTION #2: SIXTEEN THOUSAND EIGHT HUNDRED TWENTY FOUR DOLLARS ($16,824.00 ) OPTION #3: FIRE STATION VEHICLE EXHAUST SYSTEM FOR FIRE STATION #9: MATERIALS: NINE THOUSAND SIX HUNDRED NINETY THREE DOLLARS ($ 9,693.00 ) SERVICES: SIX THOUSAND FOUR HUNDRED SIXTY FIVE DOLLARS 6,465.00 ) TOTAL BID OPTION #3: SIXTEEN BeEEARS THOUSAND ONE HUNDRED FIFTY EIGHT 16,158.00DOLLARS ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $0 (ZERO) for each consecutive calendar day in excess of the time set forth herein above forcompletion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the.work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before'the date specified in the written notice to proceed, and to substantially complete'the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company,payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for N/A Dollars ($ N/A } Or a Bid Bond In the sum Of IVE TH AND EVEN NDRED THIRTY Dollars {$ 5,737.7o- ), which it is agreed shall be collected and retained by the wner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. n Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary MONTY D. DuNCAN, RPORATE SECRETARY Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: I I Woman Date: NOVEMBER 5, 2001 Authorized Signature RODDY CLAY DAVIS, VICE PRESIDENT (Printed or Typed Name) AIR CLEANING TECHNOLOGIES, INC. Company 1300 West Detroit Address Broken Arrow Tulsa City, County Oklahoma 74012 State Zip Code Telephone: 800 - 351-1858 Fax: 918 251-4977 I I Hispanic American I I Asian Pacific American I I Other (Soecifv) I 3 r Bond No. BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Air Cleaning Technologies, Inc as Principal hereinafter called the Principal, and International Fidelity Insurance Company as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Lubbock, TX as Obligee, hereinafter called the Obligee, in the sum ofFive Percent of Amount of Bid- Dollars id Dollars ($--50/o"----" ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fire Station Vehicle Exhaust Systems, ITB Number 270-01/RS Project Number 90083.9211.30000 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 tress m Dwca CORPORATE SECREMY � got n / � Witness ORSC 21328 (5/97) day of November 2001 Air Cleaning Technologies, Inc. 1300 West Detroit Principal Broken Arrow, 0(Se7 012 By: 42 17'**� ROD Y ClAYDAVIe,1VICE PRESIDENT Name/Title International Fidelity Insurance Company Surety (Seat) By: R BBIE LOYD, Attomey-in- ct Attorney -in -Fact ' Tel (973')'624-7200 7WER OF ATTORNEI INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 ' FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ROBBIE LOYD, NORMA REYNOLDS, DAVID L. VAUGHAN, SANDY POLLOCK, VICTORIA DODD, ANN HOPKINS Tulsa, OK. — — — ,awau, w crcuu�, acaL AL1u Y6nveL Lor ally On Its Dcnau as suretyany and all bonds and undertakings, contracts of indemnity and other writings obligatory to the nature thereof, which are or may be allowed, required orpermitted by law, stature, rule, regulation. contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may, be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of ' Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and, held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. s Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 19112 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindmg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any . bond or undertaking to which it is attached. OL1Ty /�r�. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. SE aL Llee.t INTERNATIONAL FIDELITY INSURANCE CO NY STATE OF NEW JERSEY y 1904 County of Essex F ``k,JfaS`tr a fly/ 4t Vice -P sident I . On this 31st day of August 1998, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of T said Company. *pIRQG IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal, at the City of Newark. New Jersey the day and year first above written. CO O NOTARY PUBLIC JE RS A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21. 2005 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit. and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof. and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IA' TESTIMONY WHEREOF. I have hereunto set my hand this 8th day of November, 2001. i-. 1 Assistant Secretary 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. LIST OF SUBCONTRACTORS Minority Owned Yes No ARMSTRONG MECHANICAL 710 East 40th Street NO Lubbock, exas 79404 (806) 747-4217 4 F r r CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. r -'-` MOM D. DUNCAN, CORPORATE SECRETARY Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: AIR CLEANING TECHNOLOGIES, INC. (Print or Type ) CONTRACTOR'S FIRM ADDRESS: 1300 west Detroit Broken Arrow, Oklahoma 74012 800-351-1858 Name of Agent/Broker: MR. RICH HAVERFIELD, RICH & CARTMILL, INC. Address of Agent/Broker: 2738 EAST 51st, SUITE 400 City/State/Zip: TULSA, OKLAHOMA 74105-6228 Agent/Broker Telephone Number: ( 91R ) 743-8sll Date: 11/5/01 NOTE TO CONTRACTOR i If the time requirement specified above is not met, the City has the right to reject this bid/proposal and-,. award the contract to another contractor. If you have any questions concerning these requirements, j please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #270-01/RS - FIRE STATION VEHICLE EXHAUST SYSTEMS 1 1 1 1 1 1 PAYMENT BOND BOND CPECK BKOT RATING -MSI /0 UCEM As unaertakin; a3 `ib remove any adopted at a meeting CERTIFICATE OF INSURANCE CORD_ CERTIFICATE OF LIABILITY INSURANCECSR DR °"T9("IMIDINV) AIR= -1 1 12/11/01 RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RICE a CAP.Tba= HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2738 East 51st #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ulcer OIC 74105 Phone: 918-743-8811 Fax:918-744-8429 INSURERS AFFORDING COVERAGE INSURED 14SLRERA: St Paul Fire & Marine Ins Cc INSURER 6. American Mercury Ins Co. Air CleaningTechnologies Inc INSURERC: National American Insurance Cc 1300 A Detroit INSURERD: Broken Arrow OK 74012 1 _ __ _ _ INSURER E: 7 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ R LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE %0,W P CY EXPWA ION DATE DIY LOUTS 09"DRAL LYOILITY SACH =VRRGK1 e s 1000000 A B commERm1LGEms*LLIABMY CLAW MODE ® OCCUR CK03504966 08/01/01 08/01/02 _ FIRE DAMAGE(My omrre) S100000 MEOEW('rymepemon) $5000 — PERSONALSADV*UURV $1000000 CENERALAGCRECATi $1000000 GEi'LAGGREGATELIMIT APPLIES PER PRODUCTS -COMPIOPAGG S1000000 POLICY 7JJECT LOC AUTOMOAUELlABIL1TY B Z ANY AUTO CLP7000995 03/28/01 03/28/02 COMBPEDSINGLELIMIT $ 1000000 (E'80C) ALL OWNED AUTOS SCFE I)ULED AUTOS BQDk.Y WR1RY $ (Perpmm1) HIRED AUTOS NON-OWNEDAUTOS SOWLYNLpA2Y $ (Pax=NeR) PROPERTY DAMAGE $ (Per ae00em BARAGE LIABEITY AUTO ONLY. EAACCDENT S O OTHER THAN EAACC s AUTO ONLY: AGG S A GXCMM LMWLITY Z OCCUR F� wuMSMADr CK03504966 08/01/01 08/01/02 EACH OCC%ffWMNCG a 9000000 39000000 s -- s DEDUCTIBLE Z RETENTION S10000 $ - C WORKERS COMPENSATION AND EMPLOYERS, LIABILITY NW1075735C 03/23/01 03/23/02 we srATu o Y TORYULTTS E.L. EACH ACCIDENT s 500000 E.L. DISEASE -EAEMPLOYEE 4s500000 E.L. DISEASE - POLICY LIMIT j$500000 OTHER Re: Bid for Fire Station Vehicle Exhaust Systems #270 -01 -RS Certificate Holder is shown on the General Liabilty and Auto policies as Additional Insured and Waiver of Subrogation. Waiver also applies on the Workers Compensation policy CERTIFICATE HOLDER IN I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY178 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE mmftATTON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MNL — — DAYS WRITTEN The City of Lubbock NOTICE TO THE CERTVICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHN.L Tina Ivinc 1625 13th Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER, ITS AGENTS OR Lubbock TZ 79401 REPRESENTATIVES. 25-8(7/97) CACORD Ir CERTIFICATE OF INSURANCE ' TO: CITY OF LUBBOCK DATE: 12-7-01 P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: Air Cleaning Technologies Inc Vehicle Exhaust System THIS IS TO CERTIFY THAT 1300 W petro*t, Rrokpn Armw, OK 74012 (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 I 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 _ pATE DATE GEI ERAL LIABILITY Liability General Aggregate ! 1,000,000 Commercial Generat CK03504966 Claims Made 8-1-01 8-1-02 Producis-Comp/Op AGG $ Occurrence Personal & Adv. Injury 1 . Owner's & Contractors Protectiv, Each Occurrence $ 1$,1�Q60 Fire Damm (Any one Fire) 100,000 Med Exp (Any one Person) 5.000 5 AL,70100VVE LIABILITY 1,000,000 Any Auto Combined Single Limit S. All Ownod Autos Bodily Injury (Per Person) $ Scheduled Autos CLP7000995 3-28-01 3-28-02 Bodily Injure (Per Accident) Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY - Any Auto Auto Only - Each Accident S Other than Auto Only: _ Each Accident S Aggregate S BUILDERS RISK 100% of the Total Contract Price5 INSTALLATION FLOATER 5 EXCESS LIABILITY Umbrella Form Eacn Occurrenc•- 5 9,000,000 CK03504966 8-1-01 8-1-02 Aggregate $ Other Thar Umbrella Form g WORKERS COA4PENSATION AND EMPLOYERS` LIABILITY The Proprietor. Included Statutory Limits Panners/Executive Excluded NW1075735C 3-23-01 3-23-02 Each Accident $ Offices are: excludedDisease Policy Limit $fir Disease -Each .Employee OTI;EK The above policies either In the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer ;n less than, the legal time required after the insured has received written notice f such •ch e of cancellation. or, In case there is no legal requirement, in less than five days in advance of cancellation. �mencantercury Ins FIVE COPIES OF THE CERTIFICATE OF INSURANCE St Paul Ins. National American Ins (Name ot In rar) MUST BE SENT TO THE CITY OF LUBBOCK Si � .ent ,014 a :ac0 CERTIFICATE OF LIABILITY INSur \NCS DATE (MM/DD/YY) SRCLI-1 10/24/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE - RICH & CARTMILL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2738 East 51st #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tulsa OK 74105 ILTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY GATE MM/D Phone: 918-743-8811 Fax: 918-744-8429 CK03504966 08/01/01 INSURERS AFFORDING COVERAGE INSURED FIRE DAMAGE (Any one fire) $100000 MED EXP(Any one An person) $5000 INSURER A: St Paul Fire & Marine Ins Co INSURER B: American Mercury Ins Co. Air Cleaning Technologies Inc INSURER C: National American Insurance' CO 1300 W Detr6it AUTOMOBILE LIABILITY ' Broken Arrow OK 74012 INSURER D: ANY AUTO CLP7000995 03/28/01 03/28/02 INSURER E: COVERAGES 'THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY GATE MM/D LIMITS GENERAL LIABILITY A i X COMMERCIALGENERALUABILITY CLAIMS MADE 7X OCCUR CK03504966 08/01/01 08/01/02 EACH OCCURRENCE $1000000 FIRE DAMAGE (Any one fire) $100000 MED EXP(Any one An person) $5000 PERSONAL &ADV INJURY $1000000 ' I GENERAL AGGREGATE $1000000 _ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JET LOC PRODUCTS - COMPIOP AGG $1000000 AUTOMOBILE LIABILITY B X ANY AUTO CLP7000995 03/28/01 03/28/02 COMBINED SINGLE LIMIT $ 1000000 �� 'CO1de" ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per aeeident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS LIABILITY A iX I OCCUR F� CLAIMSMADE CK03504966 08/01/01 08/01/02 EACH OCCURRENCE S9000000 AGGREGATE $9000000 S DEDUCTIBLE $ X RETENTION $10000 $ i WORKERS COMPENSATION AND I EMPLOYERS' LIABILITY C i NW1075735C 03/23/01 03/23/02 XTORY UMRS TH ER E.L. EACH ACCIDENT $ 500000 a E.L. DISEASE -EA EMPLOYE $.500000 E.L. DISEASE -POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Bid for Fire Station Vehicle Exhaust Systems - CERTIFICATE HOLDER 14 1 ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION CITY178 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -- DAYS WRITTEN _NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1625 13th Strreeteef The City OfLubbock IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Lubbock TX 79401 REPRESENTATIVES—)_" _ ACORD 2SS (7197) CACORD CORPORATION 1988 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (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 cover-oye 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: 2 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)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. H U �. Z O U CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 3rd day of December, 2001 by and between the City of Lubbock, ' County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Air Cleaning Technologies, Inc. of the City of Broken Arrow, County of Tulsa and the State of Oklahoma hereinafter termed CONTRACTOR. ' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements ' described as follows: BID #270-01/RS - FIRE STATION VEHICLE EXHAUST SYSTEMS - $98,596.00 ' and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equiprnent, tools, superintendence, labor, insurance ' and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have ' been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with ' the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 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. ATTEST: Secret ry AP VED S T CONT: At ' Owner's R prese tative APPROVED AS TO FORM: ,& idr� ' ity Attorney ATTEST: ;C;MON por S cretar TY D. DUN CITY F LUBBOCK, T NER) B: MAYOR CONTRACTOR: AIR CLEANI LOGIES INC. �4� Lee PRINTED NAME: RODDY CLAY DAVIS TITLE: VICE PRESIDENT COMPLETE ADDRESS: Air Cleaning Technologies 1300 West Detroit Broken Arrow, OK 74012 1 1 1 1 1 1 1 1 1 1 1 GENERAL CONDITIONS OF THE AGREEMENT IGENERAL CONDITIONS OF THE AGREEMENT ' 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of ' Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit AIR CLEANING TECHNOLOGIES. INC. who has agreed to perform the work embraced in this contract, or their legal representative. ' 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative GEORGE_LISENBE. BUILDING & ENERGY ADMINISTRATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. ' 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the ' Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". I5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's ' Representative. 6. SUBCONTRACTOR ' The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated ' by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last ' business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 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 toensurethe 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 IIt is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may ' deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate .engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. ' 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall ' keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and -control of the ' Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any ' subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING tIt is understood and agreed that the Contractor has by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the ' work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms ' or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 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 tkc care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. if any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. 4 ' Neither observations b the Owner ' y or Owners Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such ' inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. ' 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's .expense. 23. CHANGES AND ALTERATIONS ' The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either ' before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a ' claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; ' otherwise such additional -work shall be paid for as provided under Extra Work. Incase 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 necessarycost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph ' shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, 1 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 will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with 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 ' 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 officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or ' contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and -expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an ' Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. ' 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. ' The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall coverall 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. Acertificate of insurance specifying each and all coverages shall be submitted prior to contract execution. 0 The insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500.000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $100.000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of _$0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000.00. 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 limitation, independent contractors, subcontractors, leasing companies, motor.carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or ' delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. ' 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of ' Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. ' 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. 5. The Contractor shall obtain from each person providing services on the project, and provide to the ' governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (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; 9 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; 9 (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) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (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. 10 1 ' If (8) policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of ' any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the ' governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the ' Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: ' (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity wili have on file certificates c` coverage showing coverage for all persons providing services on the project; and t(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." r"Call the Texas Workers' Compensation Commission at 592/440-3789 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: 1 11 enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $0 (ZERO) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 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 14 employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or thep ubiic 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, 1 and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such ' work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except ' where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. ' 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 event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material ' to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are 1 expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, ' payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY ' The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be ' liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner,' and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration 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. ' 15 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certific4te for partial payment showing as completely as practical the total value of the work done by the Con-'ractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all Other rights to enforce the .express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of .the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 16 f� 1 45. CORRECTION OF WORK ' Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming ' to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. ' 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify ' the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. ' (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. ' When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. ' 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor ' shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the 'Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner ' shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed ' denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and ' Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR ' In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this -contract, then the Surety ' on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. ' After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and ' 17 equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. !n 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. Incase 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 (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 (1 b) 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. 18 1 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. 50. BONDS 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 $':00,000. and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the ' amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall 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 thecostto the Contractor. t 1 19 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five �5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall ccnsent 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. 20 11 0 7 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A ' City of Lubbock Building Construction Trades Prevailing Rates ' Craft Hourly Rate Acoustical Ceiling Installer 11.50 ' Air Conditioner Installer Air Conditioner Installer-Helper 12.50 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 ' Bricklayer-Helper 7.00 Carpenter 11.00 Carpenter-Helper 7.00 ' Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 ' Electrician-Helper 7.00 Equipment Operator-Heavy 9.50 Equipment Operator-Light 8.50 Floor Installer 9.50 ' Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator-Helper 7.00 ' Iron Worker 11.00 Laborer-General 6.00 Mortar Mixer 6.00 ' Painter 9.50 Plumber 12.50 Plumber-Helper 7.00 Roofer 9.00 ' Roofer-Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker-Helper 7.00. ' Welder`Certified 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.vl;0 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 2 EXHIBIT C 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 D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 SPECIFICATIONS FIRE STATION VEHICLE EXHAUST SYSTEMS CITY OF LUBBOCK TABLE OF CONTENTS DIVISION 15 - MECHANICAL SECTION 15010 -General Mechanical Provisions SECTION 15804 - Ventilating DIVISION 16 - ELECTRICAL SECTION 16010 - General Electrical Provisions SECTION 16110 - Raceways SECTION 16120 - Conductors SECTION 16130 - Boxes and Fittings t ISECTION 15010 - GENERAL MECHANICAL PROVISIONS PART 1 -GENERAL 1.01 DESCRIPTION: A. The work covered by this section of the specifications includes the furnishing of all materials and labor as required for the installation of the automotive exhaust systems, all as shown on the drawings, as herein specified, or both. 1.02 RELATED DOCUMENTS: A. Refer to other applicable clauses and regulations of the General Conditions of the Agreement for work required under this section. 1.03 SUBMITTAL: A. This Contractor shall submit six (6) copies of all submittal data covering proposed equipment to the Engineer for approval prior to installation. All equipment shall be submitted at one time in a bound folder with an index of submittal. 1.04 REGULATIONS: A. All work shall be done in strict accordance and compliance with State and Local Laws, together with regulations of the particular Utility Companies concerned. B. Obtain permits as required by the local authorities. 1.05 DRAWINGS: A. The drawings and the specifications are numbered consecutively. Each Contractor shall check these drawings and specifications thoroughly and shall notify the t Engineer of any discrepancies or omissions of sheets or pages. Upon notification, the Engineer will promptly provide the Contractor with any missing portions of the ' drawings and/or specifications. No discrepancies or omissions of sheets or pages of the Contract Documents will relieve the Contractor of his duty to provide all work required by the complete Contract. B. The plans accompanying these specifications are intended to show the general arrangement and the extent of the work contemplated. The Contractor shall inspect the site before bidding to verify the actual conditions involved as no allowance will be made for unforeseen conditions. The exact location and arrangement of all parts shall be determined after equipment has been approved by the Engineer and as directed by the Engineer. All materials or labor necessary to complete the work in accordance with the intent of these specifications shall be furnished by each Contractor without additional charge as if called for in these specifications or shown on the plans. C. Should the particular equipment which any bidder proposes to install require other space conditions, supports or clearances other than those indicated on the drawings, he shall arrange for such items with the Engineer before submitting his bid. Should changes become necessary on account of failure to comply with this clause, the Contractor shall make such necessary changes at his (the Contractor's) own .expense. D. This Contractor shall verify all existing conditions that may effect his work 15010- 1 including exact location and size of all plumbing lines, direction of flow, ductwork, existing equipment and connection points. Any discrepancies from conditions shown on the drawings shall be reported to the Engineer before bidding and the bid price shall include the cost to correct any discrepancies to provide a complete and workable system. E. This Contractor shall thoroughly lay out all his work and check all conditions to insure that the work as shown on the Drawings can be installed without modifications. No material shall be fabricated or delivered to the job until these conditions have been determined. F. The Owner or Owner's Representative reserves the right to make changes during construction, if required, and no allowances will be made for prefabricated material or on job materials which can not be used due to actual conditions. 1.06 ASBESTOS: A. Any asbestos that must be abated for the installation of the exhaust system will be accomplished by the City of Lubbock prior to the installation of the system. 1.07 APPROVAL OF MATERIALS: A. Where manufacturer's names are mentioned in these specifications, it has been done, in most cases, in order to establish a standard. Where the phrase "or equal", or its equivalent is used in connection with a particular item of material or equipment, the products of others than the particular manufacturers mentioned will be acceptable, if of suitable type and construction, but any substitution must be of quality as good as, or better than, the named article. Where the phrase "or equal" or its -equivalent, is not used in connection with a particular item of material or equipment only the products of the manufacturers mentioned will be acceptable. B. Any material or equipment other than that specified shall have seven (7) day prior approval. If the Contractor elects to substitute other equipment or materials for that specified by name, he shall be fully responsible for all coordination with other trades involved. Any expense incurred because of modifications to accommodate larger sizes, larger electrical service, fuel piping requirements resulting from such substitution shall be borne by the Contractor substituting other -equipment. C. Upon being awarded the Contract for the work under one of the following sections, the Contractor shall, within thirty (30) days, submit for approval a complete list of the materials which he proposes to use. The list shall give the manufacturer's names and designations corresponding to every item and where submitted materials are different from that specified by name, the submission shall be accompanied by a complete descriptive literature and/or any supplementary data and drawings, necessary to give full and complete details for the completed installation. D. Any item on this list which is rejected because of unsuitability or inferior quality, must be replaced by an acceptable item within two (2) weeks following notification of the Contractor of such rejection. If no satisfactory material is submitted within two (2) weeks, then the Engineer reserves the right to notify the Contractor as to the type and make of materials he will be required to furnish. Six (6) .copies of the material and the equipment list shall be furnished by the Contractor in neat and firmly bound brochures for approval. 15010-2 1.08 PRECEDENCE: A. The work covered in this section shall have precedence over each other in accordance with the following sequence: 1. Soil and waste piping 2. Duct work 3. Cold and hot water piping 4. Electric wiring 1.09 COOPERATION: j A. Each contractor shall cooperate with the General Contractor and all other contractors to properly coordinate their work, to avoid interference and delays, and arrange all parts of the work so as to harmonize in service and appearance with all other parts. 1.10 INTERFERENCES: A. The plans are generally diagrammatic and the Contractor must harmonize the work of the different trades so that interference between piping, equipment, architectural and s"— ctural work will be avoided. All necessary offsets in piping, fittings, etc., required to properly install the work must be kept as close as possible to walls, 1 ceiling, columns, etc., so as to take up the minimum amount of space, and all offsets, fittings, etc., required to accomplish it must be furnished and installed by the contractor without additional cost to the Owner. B. Exact locations of mechanical and electrical outlets or equipment may be varied a reasonable amount by the Engineer before installation without additional cost to the Owner. C. All equipment and controls shall be so located and arranged that all parts will be available for proper maintenance. PART 2 - PRODUCTS 2.01 MATERIALS AND WORKMANSHIP: A. Materials shall be new unless otherwise specified and of the quality specified. Materials shall be free from any defects. Materials and equipment for which the Underwriters' Laboratories have established as standard, shall be listed by the Underwriters' Laboratories, Inc., and shall bear their label. B. Each Contractor shall be responsible for transportation of his materials to the fob and shall be responsible for the storage and protection of same. This will be provided until final acceptance of the job. C. Each Contractor shall provide protection against weather, so as to maintain all ' materials and equipment free from injury and damage. All new work likely to be damaged shall be covered during the day and at the end of each day. D. Each Contractor will furnish all necessary scaffolding, tackle, tools, appurtenances and all labor required for the safe and expeditious execution of this contract. E. The workmanship shall be in all respects, the highest grade and all construction in accordance with the best practice of the trade. 1 15010-3 PART 3 - EXECUTION 3.01 HANGERS AND SUPPORTS: A. The Contractor for the work covered by each section of these specifications shall furnish and install all foundations and supports required by equipment included in his work. B. All piping, both vertical and horizontal, shall be supported at sufficient close intervals to keep its alignment, prevent sagging and to prevent pipe from being supported by equipment or equipment connections. C. Vertical pipes shall be supported from floor with riser clamps sized to fit the lines and adequately support their weight. Vertical copper tubing, 1-1/4" and smaller shall be supported at 3' intervals and at the base of pipe risers, where required for proper support. Hangers shall be manufactured by Kindorff, Unistrut, Elcen or equal. Where multiple pipes are indicated, they may be supported on a continuous hanger. All hangers must meet the Engineer's approval. Use of perforated straps will not be permitted. 3.02 ESCUTCHEONS: A. Where exposed to view, pipes insulated or bare, passing through floors, walls, or ceilings, shall be filled with near, heavy spun or stamped steel escutcheons, firmly secured to the pipes. Escutcheons shall be of sufficient outside diameter to surround both the pipe and the sleeves. The sleeve shall have a nickel plated finish, fabricated in one piece and shall be firmly anchored in space. "Snap -on" type escutcheons will not be permitted. 3.03 PAINTING: A. No painting will be required under this contract. 3.04 ELECTRICAL: A. Electric motors shall be of the speed, phase and voltage as specified and shall be of type recommended by motor manufacturer for type of service involved. B. The Contractor furnishing the motor shall install it. The Contractor shall furnish such motor controls and starting equipment as specified or as required. The erection and connection of all switches, starting and control equipment, and the wiring of same, shall be done as required. Conduits from controllers to motors shall be flexible for not over three feet (3') and shall be attached to the terminal housing of the motor. All flexible conduit to motor shall be waterproof type with neoprene j acket. C. Where automatic controls are called for in the Plumbing, Heating and Air Conditioning specifications, the control instruments, such as motorized damper motors, motorized valves, etc., shall be installed by the Contractor furnishing the controls, but all wiring necessary shall be done by the Electrical Contractor. The Contractor furnishing the controls shall furnish a control wiring diagram to the Electrical Contractor. D. Starters on air cooled condensing units shall be furnished by the equipment manufacturer. Starters for Heating and Ventilating units shall be furnished by the equipment manufacturer. The Refrigeration Contractor shall design, furnish, and 15,010-4 1 11 1 n 7 install all other electrical panels and wiring starting at the end of designed main electrical feeders as shown on the drawings. 3.05 DEMOLITION: A. Each contractor shall remove those items shown on the pians to be removed for each respective trade. B. All items to be removed or discarded are property of the Contractor and shall be removed from the site. C. Contractor shall take care not to damage more of the existing facilities than is absolutely necessary. All concrete to be removed shall be cored or sawed to widths to allow the installation of pipes or conduits indicated and replaced by Contractor who occasions the work. 3.06 EQUAL MATERIAL CONSIDERATION: A. Approval of equipment other than that specified does not relieve the Contractor from the responsibility of modifying the equipment if necessary to meet Structural, Architectural, Electrical, or Mechanical conditions as detailed andspecified on the drawings. 3.07 INSTRUCTION MANUALS: A. Furnish four (4) complete bound copies of Instruction Manuals on all operating equipment to Owner. Manuals: complete with repair instructions, replacement parts list, and complete operating instructions and wiring diagrams. 3.08 TESTS AND ADJUSTMENTS: A. After completion of the work but before final payment is made, the Contractor shall run test over a sufficient period of time to prove the proper capacity and performance of apparatus, etc., and of system as a whole to the approval of the Engineer. 3.09 GUARANTEE: A. This Contractor shall guarantee the workmanship and material against defects for a period of one (1) year from the date of acceptance, unless specified otherwise in other sections of this specification. IEnd of Section 15010-5 SECTION 15804 - VENTILATING PART 1 -GENERAL 1.01 SCOPE: A. This Contractor shall provide all labor, materials, and equipment necessary to provide a complete operational system to remove both diesel and automotive exhaust gases and particulate of operating vehicles within the confines of specified fire stations as indicated on the drawings. All necessary controls, motors, fittings, louvers, ductwork, blowers, air compressors, supports, and all other equipment and materials specified shall be provided in this contract. B. All items and equipment and materials described in these specifications are to be furnished installed and placed into proper operating condition in accordance with good practice and manufacturer's written or published instructions. C. All workmanship and materials shall be in accordance with applicable codes and, regulations, (i.e., SMACNA, BOCA, NEC, ASTM, UBC, UMC, TIFPA, AMCA and IMC). Such codes and regulations are to be considered part of these specifications. D. The bidder shall warranty all materials, equipment and workmanship for a period of one (1) year from the date of final acceptance of the completed job against original defects of material and workmanship, excessive wear and deterioration. tRepairs shall be made at the bidder's expense. E. Bidder shall install a complete automatic disconnect Diesel Exhaust Removal System that addresses the problem of diesel fumes in the fire department station house. The system shall not interfere with normal day-to-day operations. The system shall be a Sliding Balancer Track type system that has the following performance criteria. 1. The exhaust removal system must provide 100% complete evacuation of all diesel fumes at the source from start up to exit of the apparatus from the fire station. The diesel exhaust removal system shall be capable of reaching to the I undercarriage of the vehicle tailpipe located anywhere from 10 to 75 feet away from the exiting door threshold. The system must be able to accommodate drive through and back -in bays to meet all the needs of the fire department. 2. The system must not affect personnel boarding the apparatus. Hose loops shall not hang any lower than seven feet from the bay floor. The hose assembly shall not touch or drag on the bay floor. 3. The exhaust system shall not block doorways, exits and aisles in the apparatus bay, which could endanger the welfare of fire personnel or visitors. 4. To protect the apparatus electrical system from possible damage, the system bid shall not incorporate any type of electromagnetic device that requires the apparatus to be utilized as an electrical ground for system's operation. 1.02 RELATED DOCUMENTS: A. Refer to other applicable clauses and regulations of the General Conditions of the Agreement for other work required under this section. 15804- 1 1.03 SUBMITTAL: A. All submittal required by this section shall be submitted in accordance with Section 15010. B. Submit manufacturer's data for approval on all materials to be furnished as part of this project. 1.04 STANDARD PRODUCTS: A. Equipment and materials provided for the system installations shall be standard product of manufacturers currently engaged in the manufacturing of automatic vehicle exhaust removal systems. 1.05 QUALITY ASSURANCE: A. All workmanship, manufacturing procedures, airflow design, and materials shall be performance guaranteed. If any findings or test studies reveal improper materials, defective components or inadequate performance as outlined in the specifications, the bidder shall remove and replace the materials in question. 1.06 EQUIPMENT WARRANTY: A. The bidder shall guarantee all materials, equipment and workmanship for a period of one (1) year from the date of the final acceptance of the completed job against original defects of material and workmanship, or excessive wear or deterioration. Defects shall be made good at the bidders expense with no cost or obligation to the Owner. 1.07 PRODUCT DELIVERY, STORAGE, AND HANDLING: A. The bidder shall be solely responsible for the delivery, storage, and handling of all products. Any equipment placed in storage shall be protected from weather, humidity, temperature variations, dirt, dust, or other contaminants. PART 2 - PRODUCTS 2.01 EXHAUST SYSTEM: A. Furnish and install an exhaust system all as shown on the drawings as manufactured by Plymovent Vehicle Exhaust Removal Systems, or approved equal. B. Provide exhaust ducts, properly flashed and waterproofed as shown. 2.02 SYSTEM MANUFACTURER: A. All equipment specified herein shall be a standard product of the manufacturer or an approved equal. An approved equal shall be determined by the fire department or engineer. The bidder shall provide all labor and materials required to install and operate the Diesel Exhaust Removal System which shall be included in the following performance and technical specifications. Any adjustments involving equipment locations within the building shall be determined in the field and approved by the fire department. 2.03 AIR MOVING DEVICES: A. Centrifugal Fans: 15804-2 1. The fan shall be a direct drive centrifugal type, high pressure, single width, single inlet as required or indicated. Impeller wheels shall be of a radial design for high static pressure performance. Impeller wheels shall be spark resistant and made of Almag material to prevent static electricity build-up. The impeller shall be dynamically and statically balanced and of the non overloading type to provide maximum efficiency while achieving quiet, vibration -free operation. 2. The fan housing shall be manufactured from a nonferrous material, Almag or approved equivalent. The fan motor and assembly shall be mounted on a stainless steel frame for durability in any type of weather condition. The base shall have four (4) factory fabricated punched openings at bottom of fan base for field attachment to either an exterior wall or roof structure. B. Fan Motor and Bearing: All 1 to 10 horsepower motors shall be totally enclosed fan cooled (TEFC). The bearings shall be self -aligned ball bearing type which are permanently sealed and lubricated. Fan shafts shall be steel and rotate in a non - sparking Teflon seal to prevent hot gases from coming in contact with the motor bearings: The exhaust discharge outlet shall be in compliance with ACGIH recommendations and EPA requirements. Air intakes, windows, prevailing currents, communication equipment and building aesthetics shall be -considered in the final location of the fan. Silencers shall be provided when fan sound decibels exceed 64 Dba. C. Performance: The fan capacity shall be sized to deliver the required CFM at each hose drop. The delivered volume shall take into account the static regain of vehicle engine exhaust (based on an airtight connection at tailpipe), lengths of duct, elbows, ' branches, etc. which contribute to the static pressure at the field inlet. The manufacturer's provided fans shall be performance guaranteed. 2.04 ELECTRICAL CONTROLLERS: A. Controller Type: The controller shall be manufactured and delivered as an I Operating System with one series controller manufactured by the manufacturer or an equal to the specifications to follow. B. Electrical Controllers: The electrical controller offered shall be approved by Underwriters Laboratories (UL) as a complete electrical system for enclosed industrial control panels. 1. Electrical controllers shall be UL listed/approved and manufactured in accordance with Underwriters Laboratories standard UL -508 enclosed industrial control panels. The electrical trolley shall include a limited energy control circuit. Enclosures shall be NEMA 12 rated and UL listed as Type ' 12. The electrical enclosure shall be provided and mounted in an electrical enclosure to restrict access to internal components of controller by only authorized entry. 2. Control panels and air compressors locations may be -changed from where indicated on the drawings if they do not interfere with existing equipment or adversely affect the operation of the system. C. Electrical Contactors: Contactors shall be Allen Bradley Industrial Electrical Contactors, or approved equal, provided with the appropriate adjustable overload relays to meet the proper full load amperage of motor that is outlined in these 15804-3 specifications. The contactor shall conform to the following standards: BS -5424, VDE0660 and be approved by UL certification as an approved component. D. Control Transformer: Shall be UL listed industrial control circuit transformer with primary and secondary fuse blocks. Transformer shall be provided with multitap primary 208V through 480V, AC, and 24V through 120V secondary. E. Electrical Timer: Shall be solid state five (5) minute adjustable timer. The operating logic shall complete this cycle. Input voltage shall be applied to the timer at all times. Upon closure of a normally open isolated start switch, the load energizes and remains energized as long as the switch is closed. When the start switch opens, the timing cycle shall start. At the end of the preset time delay, the load de -energizes and the tuner is ready for a new timing cycle. Timer shall be a UL recognized component under file number E65038. F. Engine Start Switch: Shall be of an engine pressure sensing type, capable of recognizing the output pressure of any type of motor vehicle exhaust. The -electrical contact shall be dry type and shall not exceed 24V. G. Electrical Wiring: Shall be run through wire channel to allow for easier identification of wiring circuit and appearance. All wiring cirvaiti y shall meet UL listed requirements for proper bending radiuses and terminations. H. Electrical Terminal Block: Shall be a 600V, UL rated and recognized component. It shall provide individual connection points for remote controls, power and motor connections. I. Electrical Wiring Schematic: Shall be provided with each electrical control box supplied. Wiring schematic shall show internal circuitry as well as all primary and secondary connections to the controller. This schematic shall be provided as a "D" size print drawing. J. Electrical Interface: To protect the apparatus and communications, designs that incorporate the use of a controller that utilizes or produces an electrical frequency transmission or any possibility of electrical back -feed which may interfere with a central services communication or onboard vehicle computer logic or navigational equipment will not be accepted. K. Controller Performance: It shall be designed to sense the output pressure which is normally generated by any internal combustion engine designed to propel a motor vehicle. The operating logic shall be designed to complete this cycle. At any point in time when either a collection device is connected to a motor vehicle's exhaust tailpipe or an operator manually or automatically starts the vehicle, the controller shall automatically sense the engine's output pressure and in turn energize the electrical contactors which will provide proper full load amperage to the exhaust removal system fan motor. Through the use of an adjustable timer, the controller shall keep the contactors energized for up to five minutes in accordance with the station response requirement. If the responding vehicle does not disconnect from the exhaust ventilation system in less than the designated setting, a temperature override switch shall be incorporated to override the timer delay relay to ensure continuous system operation. This automated function will work for as long as the exhaust gas temperature is in excess of the fan temperature setting on the heat sensor which is located in the ductwork. This cycle shall not allow the electrical contactor, which energizes the exhaust fan, to short cycle or stop the fan while the system is connected to an operating vehicle. 15804-4 2.05 DUCTWORK SYSTEM: A. Ductwork Type and Materials: Shall be UMC Class C or SMACNA Class II product conveying duct. It must met or exceed criteria for construction and performance as outlined in Round Industrial Duct Construction Standards, SMACNA. Materials of construction unless otherwise specified for all ductwork and fittings shall be a minimum G-90 galvanized sheet metal in accordance with ASTM -A525 and A527. B. Ductwork Sizing and Gauges: All ductwork subject to positive or negative pressure shall be of round spiral pipe construction, with the range of available sizes not to ' exceed 10 inches in diameter. Duct gauge shall depend on diameter and a minimum operating pressure of 8 inches water gauge. Acceptable gauge and reinforcement requirements shall be in accordance to the following. Inner duct diameter 4" - 7" 1 dia. shall be 26 -gauge standard spiral pipe and 9" - 10" diameter shall be 24 -gauge standard spiral pipe. C. Ductwork Fittings: All exhaust fittings shall be round and have a wall thickness 2 gauges (one even gauge number) heavier than the lightest allowable gauge of the downstream section of duct of which they are connected. Air duct branch entrances shall be factory fabricated fittings or factory fabricated duct/tap assemblies. Fittings shall be constructed so that air streams converge at angles no greater than 45 degrees. All seams shall be continuous stitch welded and if necessary internally sealed to ensure airtightness. Turning elbows shall be stitch -welded and used for tall diameters and pressures. They shall be fabricated of 24 gauge galvanized, steel and constructed as two pieces with continuous welded seam construction fittings. I Tapered body fittings shall be used where particulate fallout is anticipated and where air flow is introduced to the transport duct manifold. D. Ductwork Design Velocities: Shall be a minimum of 4000-4500 feet/minute ' transport velocity in metal ductwork which is the standard for design. Capture velocity shall be 5500-6000 feet/minute to extract 1001D/o of the exhaust gases. E. External Ductwork: Shall be sized for the exact inlet and outlet of the exhaust fan t blower. An exhaust rain cap shall be supplied and manufactured in accordance with EPA standard for free draft rain cap requirements. Included as an integral part of this rain cap shall be a back draft damper to provide protection from rain and other Linclement weather or air. 2.06 SLIDING TRACK: A. The sliding track shall be a one-piece continuous extruded aluminum track in a minimum length of 20 feet. The construction profile shall be of a Boxloc type profile, which shall adhere to the following dimensions. Track height 3-1/8", width 1-1/2", thickness I/8". The track material shall be aircraft aluminum alloy type AA - 06063. The aluminum track shall be an extruded design that shall incorporate three separate and functioning channels. The three channels shall be for the following, mounting channel, trolley channel and the boxloc channel. Each of these sections performs a specific function to make the system work effectively. The mounting compartment shall be designed to accept the slider bars (which shall be provided with factory supplied vertical support legs and riser clamp duct connection) and allow positioning along the full length of the slotted track mounting channel. The mounting channel shall also accommodate the compressed airlines for the purposes 15804-5 of safe storage and appearance. The trolley channel shall allow the trolley/balancer/hose assembly to glide to the door threshold in a safe and effective manner. The boxloc channel shall allow the whole track to remain rigid as it hangs from factory supplied leg supports and also shall provide an area to attach bolts for splicing additional tracks together for systems over 20 feet long. The overall extruded track lengths shall be 20 foot standard and weight no more than 35 lbs. The track system shall be equipped with end stops that limit travel of flex hose as the vehicle exits the building. The end stop shall be fabricated of zinc plated steel in a U shape form, with a rubber end stop on the impact end. It shall be attached by using a 1/4" molded locking bolt. The end stop shall be secured to the track with no less than (2) 1/4" bolts and locking nuts located on the underside of the track. For security, a 1/4" bolt shall be drilled through the ends of each track system to insure that the trolley/balancer assemblies roll no further than the end of the track system. B. Support Legs: Support legs shall be manufactured and provided by the supplier of the primary exhaust removal system (i.e., Equipment Manufacturer). This is to ensure that the -unit is installed as '-a complete system including the mounting hardware. Supports shall be zinc -plated telescoping adjustable type and shall be capable of adjusting travel lengths from 6 inches to 13 feet. A minimum of one support with appropriate bracing shall be provided for every 10 linear feet of track profile. The support legs shall consist of a square outer profile with dimensions. no less than 1-3/4" O.D. with 3/8" fastening hardware provided. Inner leg shall be a C profile type with continuous slot along its traveling length_ Welded securely to the bottom of C profile shall be a mounting foot complete with a slider bar and 3/8" hardware necessary for mounting the horizontal track to the mounting channel system. The support leg shall be equipped with round tubular zinc -plated steel with pressed ends. The angle shall be completely adjustable to the leg support and mounted perpendicular and parallel to direction of the track. The typical support angle shall be 45 degrees from the center line of the factory provided support leg. The standard leg shall be capable of meeting a Seismic 4 requirement. C. Double Track Joiner Plate: Should the exhaust removal system require a double track type system due to the length of the apparatus bays, the tracks shall be attached in the following manner. The joiner plate shall be constructed from a minimum of 1/4" thick zinc -plated material and be designed to connect two parallel tracks to make a double track system to accommodate an apparatus bay over 40 feet in length. The joiner plate shall be 10" x 8" flat zinc -plated steel and designed to attach the two tracks to a single factory supplied support leg. The steel plate shall have (6) 3/8" holes drilled 6-7/8" apart to accommodate the slider bar provided with factory support legs. The joiner plate shall have two slider bars attached to the plate and shall be located on the outside edges of plate, these slider bars shall fit into the boxloc track mounting channel for a simple and secure attachment of the plate to boxloc track. The center portion of the joiner plate shall provide attachment for the factory supplied support leg. D. Track Splicing Assembly: The track splicing assembly shall be fabricated for the sole function of connecting two extruded aluminum boxloc sliding tracks end-to- end. Track splice shall be manufactured of galvanized steel in two parts and utilized as a clamping device. This clamp shall accurately secure both tracks 15804-6 J 1 t 10 F G. H. together in a fashion, which shall eliminate any possibility of obstructing the trolley assembly as it passes through this connection point of track system. Connecting length of splice shall be a minimum of 15-3/4" long and fabricated of 14 gauge material. Four 1/4" bolts with lock nuts shall pass directly through internal partition of boxloc track. The splicing sleeve shall fit externally around the outside dimension of extruded aluminum track profile. Riser Clamp Assembly: The riser clamp shall be fabricated as a one-piece welded assembly and manufactured to create the transfer of the hard spiral pipe joined at the top and flexible duct connection at the bottom. The riser clamp shall be factory drilled to mount an air regulator assembly for the pneumatic nozzle and to accept airlines that pass through airtight seals mounted to riser pipe. A slider bar and associated hardware shall be provided with riser clamp assembly. Sizes of the riser clamp will range from 3" -,6" diameter to match the output velocity of the vehicles that will park in that station. Accutrack Trolley/Balancer Assembly: The trolley assembly shall be manufactured as a two-piece galvanized steel assembly including bumper stops at each end. Fixed to the side of the trolley are solid steel pins, which shall be for load carrying bearings that are sealed and permanently lubricated. The load carrying bearings shall travel internally in track trolley channel. Two additional permanently lubricated trolley wheels shall be provided on bottom side of the track to reduce wobble of trolley as it conveys the hose assembly to the door threshold. A release plate shall be attached to the chassis of the trolley to smoothly energize the uncoupling release valve when the trolley -balancer assembly approaches the door threshold. The system balancer assembly shall be a self-adjusting weight spring tension balancer with a lifting capacity of no less than 31 lb. The balancer shall have a minimum diameter stainless steel cable of .080 and a safety link connection. The system supplier shall manufacture the balancer and trolley for the sole purpose of conveying the flexible hose to the door threshold for automatic release of the system. Only a stainless steel balancer cable will be accepted. Regulator Assembly: The regulator assembly shall be constructed of cast aluminum and refinished with black epoxy coating for durability. The regulator shall safely operate with an input pressure of 0 - 200 psi; the output pressure shall be preset at 15 psi. The regulator shall be attached to each Riser Clamp Assembly/Hose Drop or to the boxloc track to allow for independent adjustment of each pneumatic nozzle. The regulator shall also be provided with needle type adjustment gauge that is clearly marked with the proper operating range of system and which can be visibly read from standing position on the bay floor. Uncoupling Valve Assembly: Shall be provided to activate the release of the pneumatic nozzle connection located on vehicle's exhaust pipe. The valve shall be single direction action and affixed to a mounting bracket, which can be easily positioned and adjusted along the full length of the extruded aluminum track profile. The mounting bracket shall be formed from a minimum of 16 gauge galvanized steel and designed to fit snugly over the top of the boxioc track system. A 1/4" opening shall be centered to the top side of bracket to accommodate a 1" x 1/4" bolt with a 1/4" plated 1-1/2" long bar providing the secure attachment of the Uncoupling Valve when system is activated. The release valve shall be set for the maximum exiting speed of the vehicle. 15804-7 I. Upper Flexible Hose: Hose shall be flexible exhaust hose manufactured for the sole purpose of venting high temperature exhaust gases which are produced by internal combustion engines. The flexible hose shall be designed strictly for the rigorous environment of rapid response and auto -release of a vehicle exhaust tailpipe. Hose shall range from 3" - 5" diameter with varying lengths depending on the system length required ranging from 20 - 43 feet without joining or splicing connections. Hose material shall be high temperature synthetic rubber impregnated into a high temperature laminated fabric with a minimum overlapping thickness of 2-7/16". This construction of hose must be capable of operating at continuous temperatures of 400 degrees F. and intermittent temperatures of 500 degrees F. such as are experienced when pump checks are performed inside the station. Independent testing by a recognized UL laboratory must accompany this bid as proof of performance claim. Wire Helix shall be bound and protected in laminations of hose winding. This shall be accomplished in a fashion which eliminates any possibility of personnel coming in contact with an exposed hot metal helix. The hose shall further protect the internal wire helix from heat buildup and in turn add increased visibility -to personnel. Wear strip shall be 9/16" wide and be provided in a safoty yellow color. The bend radius of the high temperature hose shall be no less than 1.5 times the diameter of hose to ensure that hot gases will not be restricted as they pass through the system. J. Lower Hose Assembly: Shall be a rigid 3" - 5" diameter by 2 foot long section of yellow and black hose identical in appearance to the upper hose assembly. Lower hose shall support the pneumatic connection nozzle and chrome reducing elbow in a rigid fashion as to allow for the operator to place hose collection nozzle onto the tailpipe without bending over. Lower hose is the only section of hose which shall disconnect from the upper hose assembly and act as a safety disconnect in the unlikely event the nozzle does not deflate. K. Safety Disconnect Coupling: A rubber coupling shall be incorporated in the design of the system enabling the lower two foot hose assembly to separate from the upper hose assembly thus reducing the possible chance of damage to system. This device shall consist of two spun aluminum collars connected by a reusable rubber band. The release tension of this device shall separate the two at no greater than 88 lb. This is considered a safety requirement and any system bid must incorporate a safety disconnect. L. Collection Nozzle Assembly. The nozzle shall provide a substantially airtight seal around exhaust tailpipe when connected thus allowing for 1001/o source capture. The seal shall not allow for escape of life threatening exhaust gases which may be present during the following conditions. 1. If vehicle's engine is accelerated above normal idle resulting in an exhaust velocity greater than 5,000 feet per minute or in the event that the output velocity or CFM of the exhaust exceeds the manufacturers normal capture velocity or CFM of hose. 2. The nozzle shall automatically adjust its internal orifice to accept any tailpipe ranging from one inch through six inch diameters. Manufacturer of the nozzle shall offer, if required, both maximum diameter nozzles ranging from 6.25" diameter to 4.75" diameter. The nozzle pressure shall not exceed 15 lbs. per inch. Nozzle construction shall be high temperature synthetic rubber, 15804-8 t it 1 fl 7 M. I►I I ei 1, vulcanized to a high temperature synthetic fabric. A NOMEX inner liner shall be provided for the primary temperature friction barrier. 3. The chrome reducing elbow that connects to the -connection nozzle shall be fabricated using continuous welded seam construction. This important feature eliminates the escape of any potentially lethal exhaust gases and must provide for a smooth airflow transition from connection nozzle into the high temperature flexible hose. The angle of transition shall be no less than or greater than 67 degrees from the center line of reducer. The chrome reducer shall incorporate a primary expanded metal debris screen, which is permanently affixed by welded seams to the inside opening of exhaust fitting. This item is a point of safety for both personnel and the system itself. Manual Fill Valve: A manual connection fill valve shall be located one foot above safety release coupling approximately 4 feet from floor and shall be of a sliding/push button type for manual or automatic release. This valve shall incorporate in its design a handle which the operator may easily operate in a standing position. The attachment of collection nozzle shall not position the operator's breathing zone closer than 44" from the exhaust tailpipe. The automatic release of the connection valve shall be no greater than 3 psi shift pressure to activate the automatic nozzle deflation. The primary air supply shall be accomplished by means of compression type fittings. The regulated air supply line to collection nozzle shall be designed to safely release from the upper hose at pressure no greater than 80 lbs. Compressed Air Features: Airlines shall be 1/4" (6mm) OD tubing capable of exposure of high temperature air stream inside the ventilation hose and duct. The airlines shall be fed through the exterior of the hose and ductwork by the use of substantially airtight chrome fittings. Unless a fire station air compressor is to be utilized the bidder shall provide a quiet operating compressor to be located accessible to the vehicle bays. It shall also be located so that preventative maintenance can be performed quickly and effectively. The operation of compressor running inside station shall not generate sound decibels in excess of 80 Dba. The compressor shall be equipped with a filter/dryer and automatic drain valve to ensure the conveyance of clean dry air to the pneumatic controls incorporated in the automatic release ventilation system. Hose Saddle: A hose suspension saddle shall be fabricated of a rubber molded cushion specifically manufactured for the sole purpose of suspending high temperature exhaust ventilation hose in a rapid response and automatic release application. The design of the saddle shall smoothly transition the direction of the hose during its travel along the track. Securing clamps shall be provided including a link fastener for the purpose of mounting it to the balancer safety link. Special Features: The system must be designed to expand to a tandem vehicle arrangement (one vehicle behind the other) for future apparatus by adding to the proposed system. Systems that require replacement of the existing system or major components to meet a tandem vehicle arrangement shall not be accepted. A -special emergency disconnect feature shall be provided to enable the vehicle to back off the system through a rear exit door. Unique occasions may require the emergency vehicle to depart from the back door in a drive through station. Also a malfunction of the front over -head door may force the vehicle to exit from the station outside 15804-9 the confines of normal operation. Overall system design and performance shall be for both back in and drive-through configurations when applicable, which assures door to door coverage and collection of dangerous exhaust gases from the point of connection at the doorway. Q. Vehicle Tailpipe Modification: The bidder shall supply a drawing for the precise modification procedure for the vehicles to attach to the exhaust removal system. The modification shall vent the exhaust gases at a 90 -degree angle on the passenger side of vehicle. Tailpipe modifications requiring a 45 -degree angle of exhaust venting shall not be acceptable in order to prevent exhaust blow back into the station after the automatic release system disengages from the tailpipe. A flange shall be provided and installed on the tailpipe by the bidder as a precisely located stopping point for the collection nozzle. The manufacturer supplied adapter shall securely attach to the vehicle tailpipe. The flange shall be fabricated from 14 gauge -aluminized steel. Two sections shall be provided for simple attachment to vehicle's tailpipe. The sections shall be bolted together with four (4) 3/4" x 1-1/2" long bolts and nuts. The tailpipe modifications shall be compatible/similar to the existing truck tailpipe assemblies. All tailpipe modifications shall be provided by the Contractor. PART 3 - EXECUTION 3.01 TRAINING: A. The bidder or authorized approved personnel shall provide training to fire department personnel in the daily use and maintenance of the vehicle exhaust removal system that has been installed and specified herein. The fire department shall be notified at least 7 days prior to the date scheduled for the training course. Training shall be for all personnel involved with the operation of the exhaust removal system for all shifts required to man the particular facility. The training session shall be performed in person by a recognized representative of the manufacturer of the exhaust removal system. In addition, a training video shall be provided to the fire department. 3 02 EXHAUST PENETRATIONS: A. In all cases when making a wall penetration through masonry or concrete walls it shall be done by the use of a professional core drilling machine. The core drilling shall be properly sized to reduce the diameter of the opening to the smallest possible size. Only after all possible avenues for wall penetration are exhausted, shall the roof penetration be accepted. The original roofing contractor shall perform the work if possible to ensure existing roof warranties are not voided. If the original roofing contractor can not be notified, a licensed roofing contractor shall be used. 3.03 VEHICLE EXHAUST REMOVAL SYSTEM EQUIPMENT: A. Sequence of Operations: The vehicle exhaust removal system shall capture lOD% of the exhaust emissions directly at the tailpipe of the vehicle and -exhaust those emissions to a specified area safely outside the building. The operating controller shall be designed to complete this cycle. A pneumatically operated collection nozzle shall be connected to the motor vehicle's exhaust tailpipe. When the vehicle 15804- 10 fl 0 0 i C� 1 is started by the driver, the exhaust fan will automatically energize and vent the toxic gases directly to the outside of the building. This automatic feature shall be achieved by means of a pressure sensor located inside the exhaust ducting; the pressure sensor shall sense the engines output pressure upon the first .stroke of the engine piston and therefore energize the fan starter. The automatic controller shall use an adjustable timer to keep the contactors energized for a designated period of time. Should the operating vehicle not exit the station within the designated preset time period, a temperature override switch shall be incorporated to override the timer relay. This override shall be achieved by means of an adjustable temperature sensor located inside the exhaust ductwork. The adjustable temperature (heat) sensor shall have a range of 90-130 degrees. If the vehicle is still running inside the station longer than anticipated, the heat sensor will override the timer relay. The pneumatic connection device shall stay connected to the vehicle tailpipe as it travels to the exit door by means of a pre-engineered sliding track system. The sliding track shall be securely attached to the building structure and support a flexible hose assembly that moves with the vehicle inside the station. As the vehicle nears -the exit door, the pneumatic nozzle connection located at the tailpipe shall release its air pressure automatically and therefore release the nozzle from the tailpipe. This shall be accomplished by means of an uncoupling valve strategically located on the sliding track. After the system releases the vehicle tailpipe at the door, it shall retract passively and smoothly into a convenient storage position. When the vehicle returns to the station, a system operator manually pulls the flexible hose assembly to the entrance door. The system operator holds the pneumatic connection device approximately 18" from the floor and at the door threshold. The system operator, without bending over, attaches the pneumatic connection device just inside the door threshold as the vehicle enters the station, at which time the exhaust fan motor energizes. The vehicle driver momentarily stops the vehicle when the tailpipe is just at the door threshold (a backup man will notify the driver when it is time to stop the vehicle). The system operator, standing straight up with the pneumatic slide valve in his left hand, shall slide the connection device up against a flanged adapter attached to the vehicle tailpipe; the operator will then inflate the pneumatic nozzle around tailpipe. The cycle is completed as the exhaust fan starts and vents the toxic gases with the pneumatic connection nozzle firmly attached to the vehicle exhaust pipe. The vehicle then proceeds to its designated resting position. tEnd of Section 15804- 11 1 1 L11 1 i SECTION 16010 - GENERAL ELECTRICAL PROVISIONS PART 1 -GENERAL 1.01 SCOPE: A. Conform with applicable provisions of the General Conditions of the Agreement. B. Furnish all labor, materials, service, equipment and appliances required to complete the installation of the complete electrical system in accordance with the specifications and contract drawings. C. Contractor shall review all other disciplines plans and specifications for additional requirements for temperature controls, motor controls, damper actuators, etc. and shall provide wiring and installation as required. D. All wiring for all systems shall be installed in conduit. E. Electrical Division Index: 16010 - General Electrical Provisions 16110 - Raceways 16120 - Conductors 16130 - Boxes and Fittings 1.02 WORK INCLUDED: A. This Contractor shall furnish all labor and materials necessary to complete all electrical and related work as shown on the drawings and/or herein specified as follows. All wiring shall be in conduit. 1. All disconnects, starters, -etc. required for equipment furnished under other contracts. 1.03 REQUIREMENTS OF REGULATOR AGENCIES AND STANDARDS: A. Regulatory Agencies: Installations, materials, equipment and workmanship shall conform to the applicable provisions of the National Electrical Code (NEC), the National Electrical Safety Code (NESC), and the terms and conditions of the electrical utility and other authorities having lawful jurisdiction pertaining to the work required. All modifications required by these codes, rules, regulations and authorities shall be made by the Contractor without additional charge to the Owner. B. Underwriters' Laboratories (UL): All materials, appliances, equipment or devices shall conform to the applicable standards of Underwriters' Laboratories, Inc. The label of, or listing by, UL is required. C. Standards: Where referenced in these specifications or on the drawings, the publications and standards of the following organizations shall apply: American Society of Testing and Materials (ASTM), Institute of Electrical and Electronic Engineers (IEEE), Insulated Power Cable Engineers Association (iPCEA), National Electrical Manufacturers Association (NEMA), National Fire Protection Association (NFPA), American National Standards Institute (ANSI). 1.04 SUBMITTALS: A. Material List: As soon as possible after contract award and before material is 16010-1 ordered, the Contractor shall submit for approval a list of all proposed material and equipment, indicating manufacturer's name and general description. B. Shop Drawings: Submit for approval in accordance with the requirements contained in the SPECIAL PROVISIONS, a minimum of six (6) copies of all shop drawings after the material list has been approved and prior to ordering. Show complete outlines, dimensions, electrical services, control diagrams, electrical characteristics of special nature or critical to the installation, and pertinent data required for installation. Indicate in the transmittal that submittal has been reviewed and accepted and all contract deviations identified. In addition to, but not limited to, specific references or requests, submit shop drawings for the following applicable items: Switchboards, panelboards, lighting fixtures, transformers, alarm systems, primary cable, emergency battery units, fire alarm and security systems, underfloor duct, safety switches, motor starters, wiring devices. PART 2 - PRODUCTS 2.01 EQUIPMENT REQUIREMENTS: A. The electrical requirements for equipment specified or indicated on the drawings are based on information available at the time of design. If equipment furnished for installation has electrical requirements other than indicated on the electrical drawings, the Contractor shall make all adjustments to wire and conduit size, controls, overcurrent protection and installation as required to accommodate the equipment supplied, without additional charge to the Owner. The -complete responsibility and costs for such adjustments shall be assigned to the respective section of this specification under which the equipment is furnished. 2.02 MATERIALS: A. All similar materials and equipment shall be the product of the same manufacturer. B. Where no specific material, apparatus, or appliance is mentioned, any fust -class product made by a reputable manufacturer may be used, providing it conforms to the contract requirements and meets the approval of the Engineer. C. Materials and equipment shall be the standard products of manufacturers regularly engaged in the production of such material and shall be the manufacturer's °current and standard design. D. Equipment affected by altitude shall perform satisfactorily the function intended at an altitude of the project site. E. Materials and equipment shall conform to the respective publications and other requirements specified below. Other materials and equipment shall be as specified elsewhere herein and as shown on the drawings, and shall be the products of manufacturers regularly engaged in the manufacture of such products. PART 3 - EXECUTION 3.01 GENERAL: A. Fabrication, erection and installation of the complete electrical system shall be done in a first class workmanlike manner by qualified personnel experienced in such work and shall proceed in an orderly manner so as not to hold up the progress of 16010-2 the project. The Electrical Contractor shall check all areas and surfaces where ' electrical equipment or material is to be installed, removed or relocated and report any unsatisfactory conditions before starting work. Commencement of work signifies this Contractor's acceptance of existing conditions. 3.02 PERFORMANCE TESTS: A. Thoroughly test all fixtures, services, and all circuits for proper operating condition and freedom from grounds and short circuits before acceptance is requested. All equipment, appliances, and devices shall be operated under load conditions. 1 B. After the interior -wiring system installation is complete and at such time as the Engineer may direct, conduct operating tests for approval. When requested, test all the wire, cable, devices, and equipment after installation, to assure that all material 1 continues to possess all the original characteristics as required by governing codes and standards listed in these specifications. C. Prior to acceptance or beneficial occupancy, establish nominal building power loads and record voltage readings at all panelboards. Based on these readings make final adjustments of tap changers on all transformers in the building electrical system to comply with specifications and equipment installed. D. Perform such other tests as required by other sections of these specifications or as requested to prove acceptability. ' 3.03 OPERATING INSTRUCTIONS AND MANUALS: A. Instructions: Without additional charge to the Owner, furnish competent instruction to the. Owner in the care, adjustment and operation of all parts of the electrical ' equipment and systems. B. Manuals: Upon completion of the work, prepare and deliver to the Engineer two ' (2) sets of complete operating and maintenance manuals for the systems and major equipment installed. Include catalog data, shop drawings, wiring diagrams, performance curves and rating data, spare parts lists, and manufacturer's operating ' and maintenance data. C. Other: The above requirements are in addition to specific instructions and manuals specified for individual systems or equipment. ' 3.04 IDENTIFICATION AND SIGNS: A. Mark each individual motor controller, disconnect switch, transformer, and remote ' control device to identify each item with its respective service. Provide engraved phenolic nameplates in finished area. B. Provide nameplates with engraved lettering not less than 3/8 inch high where ' specified. In general, use white core laminated plastic. C. Identify panelboards, motor control centers, switchboards, and cabinets by nameplates with descriptions indicated on the drawings together with indication of location of the feeder overcurrent protection. Install on outside of hinged -doors of panelboards and cabinets. ' 3.05 RECORD DRAWINGS: A. Provide record drawings showing the "as -built" condition of all electrical work. Information shall include but not be limited to indicating: 16010 - 3 1. All floor outlets. 2. All conduit runs including size installed. 3. All stub -up locations of conduits in floor routed up columns or walls. 4. Locations and sizes of all junction and pull boxes. B. This drawing shall be a mylar sepia of the power plans. 3.06 WORKMANSHIP: A. All work shall be executed in a workmanlike manner and shall present a neat and mechanical appearance upon completion. All mechanics shall be capable experienced electricians. B. Panels and cutout boxes shall be properly supported from the building construction. Boxes shall be set plumb and at height best suited for adequate operation. Wiring troughs and barriers shall be as required by the National Electric Code as amended to date. C. Symbols on drawings are approximately correct, but care shall be taken that all fixture outlets are symmetrical on spaces, ceiling panels, bays or rooms, and all switch outlets are on the strike side of doors. D. Outlets may be varied slighting in location either horizontally or vertically by the Owner before installation. Outlets for special equipment shall be located and verified on the job before final rough -in is made. E. All flush outlet boxes shall be set so that edge of cover comes flush with finished surface. Outlet boxes shall be of a suitable size and construction to serve the purpose properly. F. There shall be no more knockouts opened in any outlet box than are actually required. G. Outlet boxes shall be provided in all cases with proper supports for fixtures. H. All wires shall be polarized. No joints or taps in feeders will be permitted under any condition. I. Joints in branch circuits shall occur only where such circuits divide, and shall then consist of one (1) through circuit, to which shall be spliced the branch from this circuit. J. Wire and cable connectors shall be solderless, mechanical type. Connectors for conductors 98 AWG and smaller shall be Buchanan Electrical Products copper squeeze -on type with molded rubber or vinyl -cap, Minnesota Mining and Manufacturing Co. Scotchlock, or Ideal Industries Super -Nut spring connector with molded vinyl cap. K. Conduits shall be of such size and shall be so installed that the required conductors may be drawn in without injury or excessive stain. Powdered soapstone only may be used as a lubricant where necessary. Sizes of conduits shall be in accordance with National Code tables. Flexible metal conduit may be used for final connec- tions to motors, etc., but shall not be over 48" in total length from outlet box to motor. Waterproof flexible conduit may be used in exterior locations. Connectors for conductors larger than #8 AWG shall be mechanical bolted type, insulated with clamp -on molded covers or vinyl plastic tape. The manufacturer shall be O.Z. Electrical Manufacturing Co., or Burndy Engineering Company. Flexible conduit smaller than 1/2" diameter shall not be permitted to be used. 16010 - 4 L. Where conduits enter boxes they shall be secured in place by galvanized lockouts and bushings. Conduit ends shall be carefully plugged during construction. M. Conduits, except those which are vertical for their entire length, and except conduits connecting ceiling outlets together, shall have a drag consisting of a number of tight fitting rubber washers drawn through before wires are pulled in. End of Section 16010 - 5 0 u 7 11 i i SECTION 16110 - RACEWAYS PART 1 - GENERAL 1.01 REQUIREMENTS: A. Conform with applicable provisions of the General Conditions of the Agreement. 1.02 RELATED WORK IN OTHER SECTIONS: A. General Electrical Provisions - Section 16010 PART 2 - PRODUCTS 2.01 CONDUITS: A. Rigid Steel Conduit: Rigid, threaded, thick -wall, zinc -coated on the outside and either zinc -coated or coated with an approved corrosion -resistant coating on the inside. B. Intermediate Metal Conduit (IMC): Rigid, threaded, lightweight steel zinc -coated on the outside and either zinc -coated or coated with an approved corrosion -resistant coating on the inside. C. Electrical Metallic Tubing (EMT): Mild steel, zinc -coated on the outside and either zinc -coated or coated with an approved corrosion -resistant coating on the inside. D. Flexible Conduit: Commercial Greenfield, galvanized steel, with a separate grounding bond wire installed in the conduit in addition to other wires. E. Liquid -Tight Flexible Conduit: Flexible galvanized steel tubing with extruded liquid -tight PVC outer jacket and a continuous copper bonding conductor wound spirally between the convolutions. Where a separate grounding conductor is installed in the conduit, bonding conductor in the conductor in the convolutions may be omitted. F. Conduit 'Size: Minimum conduit size 1/2 inch except where specifically approved for equipment connections. Sizes shall be as noted on the drawings and where not noted sizes shall be as required by the NEC. 2.02 CONDUIT FITTINGS: A. Rigid Steel Conduit, IMC, and EMT Fittings: Iron or steel. Cast fittings may be used. B. Flexible Conduit Fittings (Commercial Greenfield): Either steel or malleable iron only, with insulated throats, and shall be of one of the following types: 1. Wedge and screw type with angular wedge fittings between the convolutions of the conduit. 2. Squeeze or clamp type with bearing surface contoured to wrap around the conduit and clamped by one or more screws. 3. Steel, multiple point type, for threading into internal wall of the conduit convolutions. C. Liquid -Tight Flexible Conduit Fittings: With threaded grounding cone, a steel, nylon or equal plastic compression ring, and a gland for tightening. Gland shall be 16110- 1 either steel or malleable iron only with insulated throats and mall thread and locknut or male bushing with or without "O" ring seal. Each connector shall provide a low resistance ground connection between the flexible conduit and the outlet box, conduit or other equipment to which it is connected. D. Connectors and couplings: Compression type threadless fittings for rigid steel conduit or IMC permitted. Set screw type fittings for rigid aluminum conduit not permitted. Steel set screw connectors and couplings permitted for special conditions when approved. EMT couplings and connectors either steel, malleable iron, or cast fittings. "Concrete -tight" or "Rain -tight", and either the gland and ring compression type or the stainless steel multiple point locking type. Connectors to have insulated throats. EMT fittings may be die cast compression fittings. E. Bushings: Insulated type, designed to prevent abrasion of wires without impairing the continuity of the conduit grounding system, for rigid steel conduit, IMC, and rigid aluminum conduit larger than 1/2 inch size. F. Expansion Fittings: Each conduit that is buried in or rigidly secured to the buildings construction on opposite sides of a building expansion joint and each long run of exposed conduit that may be subject to excessive stresses shall be provided with an expansion fitting. Expansion fittings shall be hot -dipped galvanized malleable iron with factory installed packing and a grounding ring. G. Sealing Fittings: Threaded, zinc or cadmium coated, cast or malleable iron type for steel conduits and threaded cast aluminum type for aluminum conduits. Fittings used to prevent passage of water vapor shall be of the continuous drain type. PART 3 - EXECUTION 3.01 CONDUIT INSTALLATION: A. Conduit Systems: Rigid steel conduit, IMC, or EMT unless otherwise specified. Aluminum conduit is not permitted. B. EMT: Not permitted underground nor embedded in concrete. C. Flexible Conduits: Use flexible conduit for lights, motor or equipment connections and then only to the extent of minimum lengths required for connections. Install flexible conduit connections at all resilient -mounted equipment. Provide liquid -tight flexible conduit in exterior, wet or damp locations and for connections to wet -pipe mechanical systems. D. Conduit in Concrete: Rigid steel conduit, or rigid non-metallic conduit may be embedded in concrete providing the outside diameter does not exceed one-third the thickness of the concrete slab, wall, or beam, is located entirely within the center third of the member, and lateral spacing of conduits is not less than three diameters. E. Steel Conduit in Ground: Rigid steel conduit, that is not completely encased in concrete but is in contact with ground or on a vapor barrier, shall be wrapped in Scotchap 51 half -lapped, or shall have an additional outside factory coating of polyvinyl chloride with a minimum coat thickness of 20 mils. Other PVC of Phenolic -resin -epoxy coating material which is equally flexible and chemically resistant may be used providing approval by the Engineer is obtained prior to installation. F. Exposed Conduits: Install exposed conduit systems parallel to or at right angles to the lines of the building. Right angle bends in exposed runs shall be made with 16110-2 standard elbows, screw jointed conduit fittings or conduit bent to radii not less than those of standard elbows. G. Concealed Conduits: Install conduit systems concealed where possible unless otherwise noted. Conduit systems may be exposed in unfinished utility areas, ceiling cavities, and where specifically approved by the Engineer. Install concealed conduit systems in as direct lines as possible. H. Exterior Underground Conduit: Galvanized rigid steel conduit, wrapped as above, shall be used for all circuits outside the building slab. Conduit shall be buried a minimum of 2'-6" below finished grade. Concrete encased PVC conduit may be ' used for all conductors except the service entrance secondary. I. Conduit Bends: In any conduit or EMT run the number of quarter bends or equivalent between terminations at cabinets or boxes shall not exceed four (4) bends ' for conduits up to 1-1/4 inch, three (3) bends for 1-1/2 to 2-1/2 inch conduits, and two (2) bends for 3- to 4 -inch conduits. Conduits run between cabinets or boxes shall not exceed 100 feet for straight runs nor 100 feet for runs with maximum number of bends. Bends in telephone feeder conduits shall be long -radius. J. Conduit Openings: Protect all vertical runs of conduits EMT terminating in the bottoms of boxes or cabinets, etc., from the entrance of foreign material prior to installation of conductors. K. Sealing Fittings: Install where required by the NEC, where conduits pass from warm to cold locations, and where otherwise indicated. L. Sleeves for Conduit: Install sleeves for conduit where shown or as required. Conduit sleeves not used shall be plugged with recessed type plugs. Sleeve all conduit passing through walls. Sleeves that are used shall be caulked tight with lead ' yam. ' 3.02 CONDUIT SUPPORTS: A. Supports: Provide supports for horizontal steel conduits and EMT as required by the National Electrical Code, including runs above suspended ceilings. In -suspended ceiling -construction, only lighting system branch circuit raceways shall be fastened ' to the ceiling supports. No supports shall be permitted from metal roof decks. B. Straps: Install one -hole pipe straps on conduits 1-1/2 inch or smaller. Install individual pipe hangers for conduits larger than 1-1/2 inch. Spring steel fasteners with hanger rods may be used in dry locations in lieu of pipe straps. C. Trapezes: Install multiple (trapeze) pipe hangers where two or more horizontal ' conduits or EMT run parallel and at the same elevation. Secure each conduit or EMT to the horizontal hanger member by a U -bolt, one -hole strap or other specially designed and approved fastener. D. Hanger Rods: Install 3/16 inch diameter or larger steel rods for trapezes, spring steel fasteners, clips and clamps. Wire or perforated strapping shall not be.used for the support of any conduit, EMT or light fixtures in open ceiling areas. ' E. Fastening: Fasten pipe straps and hanger rods to concrete by means of inserts or expansion bolts, to brickwork by means of expansion bolts, and to hollow masonry by means of toggle bolts. Wooden plugs and shields shall not be used. Power - driven fasteners may be used to attach pipe straps and hanger rods to concrete where approved by the Engineer. F. All conduits not embedded in concrete shall be firmly secured by means of pipe 16110-3 clamps,hangers, etc., equal to Caddy Fasteners of ERICO Products,Inc. Wire wrapped around conduits and supporting members will not be acceptable. 3.03 IDENTIFICATION: A. Contractor shall furnish as -built drawings showing routing and/or terminations of all conduit and boxes run into floor and from underfloor into wall or above ceiling terminations. 3.04 CLOSING OF OPENINGS: A.. Wherever slots, sleeves or other openings are provided in floors or walls for the passage of conduits or other forms of raceway, including bus ducts, such openings, if unused, or the spaces left in such openings, shall be filled or closed in a manner approved by the Engineer. End of Section 16110-4 I SECTION 16120 - CONDUCTORS ' PART 1 -GENERAL 1.01 REQUIREMENTS: ' A. Conform with applicable provisions of the General Conditions of the Agreement. 1.02 RELATED WORK IN OTHER SECTIONS: ' A. General Electrical Provisions - Section 16010 PART 2 - PRODUCTS ' 2.01 WIRES AND CABLES (600 VOLTS): A. Type: Conform to the applicable UL and IPCEA Standards for the use intended. ' Copper conductors with 600 volt insulation. Stranded conductors for No. 8 AWG s and larger. Aluminum conductors shall not be permitted. B. Insulation: Type THIN insulation minimum unless otherwise specified or noted ' on the drawings. Type THHN minimum cross-linked polyethylene 90 degrees C thermosetting insulation for conductors No. 8 or larger. 90 degrees C minimum insulation within fixture wireways of fluorescent fixtures, Type RF -2 or TF ' commercial fixture wire, No. 16 AWG may be used for Class 2 remote control and signal circuits. ' C. Size: No. 12 AWG minimum unless otherwise specified or noted on the drawings. Not less than NEC requirements for the system to be installed. Conductors for trench circuits of 120 volts, or more than 100 feet long from panel to load center, ' shall be No. 10 AWG. Class 1 remote control and signal circuit conductors shall not be less than No. 14 AWG. Class 2 low energy remote control and signal circuits conductors shall be not less than No. 16 AWG. If Contractor furnishes ' other than specified equipment, it shall be his responsibility to furnish proper size conduit and conductors as required without additional cost to the Owner. D. Conductors shall be color coded as follows: ' 120/208V Phase A Black Phase B Red ' Phase C Blue Neutral White Ground Green ' Connect all conductors of the same color to the same phase conductor. Conductors No. 12 and 10 shall be solid color compound for the entire length. Conductor sizes larger than No. 10 may be color coded at each termination and in each box or enclosure with 6 inches of half -lapped 3/4 inch pressure -sensitive, plastic tape of respective colors in lieu of solid colorcompound. ' 2.02 COMMUNICATION AND ELECTRONIC CABLE: A. Foil shielded twisted pair cable shall be stranded equal to Belden "Beifoil", sized as required. ' 16120-1 B. Unless otherwise noted, co -axial cable shall be Belden RG -59, 20 AWG. C. As required or specified in the section of these specifications specifying the equipment. Cable shall be continuous from backboards or panels to outlets or other termination points without splices. 2.03 VERTICAL CABLE SUPPORTS: A. Split wedge type supports which clamp each individual conductor and tightens due to weight of the cable shall be used for cables without metallic sheath. Basket weave type supports shall be used for tables with metallic sheath. 2.04 CONNECTORS AND LUGS: A. For Copper Conductors No. 6 and smaller: 3M Scotch -Lok or T&B Sta-Kon compression or indent type connectors with integral or separate insulating caps. B. For Copper Conductors Larger than No. 6: Solderless, indent, hex screw, or bolt - type pressure connectors, properly taped or insulated. 2.05 TAPE: A. Plastic tape, 8.5 mils minimum thickness, 1,000,000 megohms minimum insulation resistance, oil -resistant vinyl backing, oil -resistant acrylic adhesive, incapable of supporting combustion per ASTM D-568 Test Method B. PART 3 - EXECUTION 3.01 WIRE AND CABLE TESTS (600 VOLTS): A. Measure the insulating resistance of service entrance conductors, feeder circuit conductors, and service ground. Measurements shall be taken between conductors and between conductors and ground. Resistance shall be 1,000,000 ohms or more when tested at 500 volts by meter without branch circuit loads. Tests and procedures shall meet the approval of the Engineer, and shall be in accordance with the applicable IPCEA Standards for the wires and cables to be installed. Furnish all instruments, equipment and personnel required for testing, and conduct tests in presence of the Engineer. Submit written reports of the tests and results shall be famished to the Engineer. 3.02 SPLICES (600 VOLTS AND UNDER): A. Permitted only at outlets or accessible enclosures. Conductor lengths shall be continuous from termination to termination without splices unless approved by the Engineer. 3.03 WIRE PULLING: A. Preparation: Completely and thoroughly swab raceway before installing wire. Pull no conductors into conduits until all work of a nature which may. cause injury to conductors is completed. B. Pulling Lines: Provide suitable installation equipment for pulling conductors into raceways or conduits. Use ropes of polyethylene, nylon or other suitable material to pull in conductors. Attach pulling lines to conductors by means of woven basket grips or by pulling eyes attached directly to conductors. 16120-2 C. Multiple Wires In A Raceway: All conductors to be installed in a single conduit ' shall be pulled in simultaneously. D. Cable Lubricant: Use an Underwriters Laboratories listed cable pulling compound for building wire No. 4 and larger. All cable lubricants shall be UL listed, and shall ' be certified by their manufacturer to be non -injurious to the insulation on which they are used. E. Existing Conduit: Remove existing wire from raceway before pulling in new conductors. 3.04 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER): A. General: Install conductors as indicated, according to manufacturer's written instructions and the NECA "Standard of Installation." ' B. Feeders: Run all feeders their entire length in continuous pieces without joints or splices, insofar as practicable. Make joints in branch circuits only where circuits divide as shown on drawings. Such joints shall consist of one through circuit to which shall be spliced the tap circuit. C.- Branch Circuits: Not more than one power or lighting circuit shall be installed in a single conduit, except that one 3 -wire circuit or one 4 -wire circuit -consisting of 2 different phase wires and a common neutral or 3 different phase wires and a common neutral may be installed in a single conduit. This provision shall not prohibit the installation in a single conduit of all conductors of a circuit with three - and four-way switching. D. Dedicated Neutrals: Where indicated on the drawings, branch circuits shall be installed with dedicated neutrals in a single conduit. ' E. Wiring At Outlets and Switches: Install with at least 12 inches of slack conductor at each outlet and wall switch. F. Terminations: Connect outlets and components to wiring and to ground as indicated ' and instructed by manufacturer. Tighten connectors and terminals, including screws and bolts, according to equipment manufacturer's published torque -tightening values or as specified in UL Standard 486A. ' G. Sizes: No wire shall be smaller than No. 12 except for signal or control circuits, and except for individual lighting fixture taps as permitted by the National Electrical ' Code. H. Receptacle and Motor Branch Circuits: No. 12 conductors unless noted or scheduled otherwise. I. Home Runs On 120 Volt, 20 Ampere Lighting Branch Circuits: Where length of run from panelboard to first lighting outlet exceeds 75 feet, use No. 10 conductors; otherwise use No. 12 conductors. ' J. Home Runs on 277 Volt, 20 Ampere Lighting Branch Circuits: Where length of run from panelboard to first lighting outlet exceeds 175 feet, use No. 10 conductors; otherwise use No. 12 conductors. K. Different Voltages In Same Raceway: Power and lighting circuits of different system voltages (e.g., 208YI120 and 480Y1277 volts) shall not occupy the same conduit. 1 L. Emergency Lighting and Powered Conductors: Run in conduits separate from all other wiring. M. Joints and Splices: Make joints and splices only where necessary and only at outlet '16120-3 boxes and pull boxes. All joints shall be mechanically and electrically secure. After a joint or splice is complete, insulate it with rubber tape, and friction tape to make the insulation of the joint or splice equal to that of the conductor. In lieu of this, vinyl plastic tape may be used if applied in at least four layers (half lapped in two directions), with all larger splices, terminals, sharp comers and voids being first protected by application of insulating putty. N. Wet Locations: Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. O. Identifying Tags: Non-ferrous; stamped to clearly identify each circuit. Securely fasten tags to all cables, feeders and power circuits in pull boxes, lighting, power and distribution panelboards, etc. P. Bundling Conductors: Bundle all conductors in panelboards, cabinets and the like, using marlin twine lacing or nylon straps made for the purpose. Bundle conductors larger than No. 10 in individual circuits. Bundle smaller conductors in larger groups. Q. Cable Supports and Boxes: Install cable supports and boxes for all vertical conductors in accordance with National Electrical Code requirements. Boxes shall be of heavy galvanized steel plate construction, not less than No. 10 USS gauge, riveted to an angle iron frame. Removable box covers shall be secured with corrosion -resistant screws. For cables without a metallic sheath, cable supports shall be of the split wedge type which clamps each conductor firmly and tightens due to the weight of cable. For cables with metallic sheath, a basket weave or equal type of support shall be provided as approved by the cable manufacturer. End of Section 16120-4 1 C 1 L 1 1 1 1 1 r SECTION 16130 - BOXES AND FITTINGS PART I -GENERAL 1.01 REQUIREMENTS: A. Conform with applicable provisions of the General Conditions of the Agreement. 1.02 RELATED WORK IN OTHER SECTIONS: A. General Electrical Provisions - Section 16010 PART 2 - PRODUCTS 2.01 OUTLET BOXES: A. Construction: Zinc -coated or cadmium plated sheet steel boxes of a class to satisfy the condition at each outlet except where unlet or condulet bodies are required. Knockout type with knockouts removed only where necessafy to accommodate the conduit entering. Square cornered, straight sided gang boxes, 4 inch octagon concrete rings and 4 inch octagon hung ceiling boxes with bars may be folded type; one-piece deep -drawn type for all other boxes. B. Size: To accommodate the required number and sizes of conduits, wires and splices in accordance with NEC requirements, but not smaller than size shown or specified. Standard concrete type boxes not to exceed 6 inches deep except where necessary to permit entrance of conduits into sides of boxes without interference with reinforcing bars. Special purpose boxes shall be sized for the device or application intended. C. Exposed: Screw joint type, with gasketed weatherproof covers in locations exposed to the weather. D. Grounding Terminal: Provide a grounding terminal in each box containing a green equipment ground conductor, for serving motors, lighting fixtures, or receptacles. Grounding terminal shall be green -colored washer -in -hand machine screw or grounding bushing. 2.02 PULL BOXES: A. Minimum NEC requirements unless larger box is noted. Pull boxes with internal volume not more than 150 cubic inches shall be as specified for outlet boxes with blank covers. Pull boxes with internal volume over 150 cubic inches shall be as specified for cabinets except covers shall be same thickness as box and shall have corrosion -resistant screws or bolt attachments. PART 3 - EXECUTION 3.01 OUTLET BOXES: A. Installation: Unless otherwise specified or shown on the drawings, outlet boxes shall be flush mounted and the front edges of the boxes or plaster covers shall be flush with the finished wall or ceiling line, or, if installed in walls and ceilings of incombustible construction, not more than 1/4 inch back of same. Mount boxes 16130 - 1 with the long axes of devices vertical, unless otherwise specified. Boxes in , plastered walls and ceilings shall be provided with plaster covers. A multiple of box extensions and/or covers will not be permitted. Install in a rigid and satisfactory manner with suitable metal bar hangers, box cleats, adjustable box , hangers, etc. Use wood screws on woods, expansion shields on masonry and machine screws on steel work. B. Mounting Heights: The mounting height of a wall -mounted outlet box shall be ' construed to mean the height from the finished floor to the horizontal center line of the cover plate. On exposed tile, block, or brick construction mount outlet boxes at the nearest bed joint in the mounting height indicated. Verify with Architect. , 3.02 PULL BOXES: A. Provide additional pull boxes wherever necessary to meet requirements for maximum lengths of conduit runs and maximum numbers of bends as specified under Conduit and Fittings. End of Section 1b1'30 - 2 Resolution No. 2001-RO511 December 3, 2001 Item No. 39 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for fire station vehicle exhaust systems, by and between the City of Lubbock and Air Cleaning Technologies of Broken Arrow, Oklahoma, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 3rd day of _ December , 2001. WINDY SITU , MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: LPM-- Victor Kilman Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gsAcdocs/Contract-Air Cleaning Technologies -res Nov 21, 2001 7-= r, r�- �M� CITY OF LUBBOCK SPECIFICATIONS FOR FIRE STATION VEHICLE EXHAUST SYSTEMS ITB #270-01 /RS iNlr) ('PECK P7,' -',T RATING LICENSED I TEXAS !IATE. WoTZn%)n-- "14 6tf,� 6� ;Dtogteja " CITY OF LUBBOCK Lubbo(,--,k, Texas 0 CITY OF LUBBOCK SPECIFICATIONS FOR FIRE STATION VEHICLE EXHAUST SYSTEMS ITB #270-01 /RS .,4 &y 0� plio Pza9y 2w 11 CITY OF LUBBOCK Lubbock, Texas mia CITY OF LUBBOCK INVITATION TO BID FOR TITLE: FIRE STATION VEHICLE EXHAUST SYSTEMS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 270-01/RS PROJECT NUMBER: 90083.9211.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND g. CERTIFICATE OF INSURANCE 7. CONTRACT g. GENERAL CONDITIONS OF THE AGREEMENT g. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS No Text 6W NOTICE TO BIDDERS ITB #270-01IRS 0-14 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 OR o'clock p m on the 8th day of November, 2001, 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 with a budget amount of $100,000.00: "FIRE STATION VEHICLE EXHAUST SYSTEMS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the it Purchasing office f the Purchasing and afoalthe City �of Lubbocks the sole , before expiration ora of the date aboder to ensure ve first t his writtenid is ctually in Bids are due at 2.00 o'clock p.m. on the 8th day of November, 2001, and the City of Lubbock City Council will consider the bids on the 3rd day of December, 2001, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Ratinci of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre-bid conference on 24th day of October, 2001 at 10:00 O'clock a.m., in the Engineering Conference Room 107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13`h Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from Higgins & May, Inc., 1518 34th Street, Lubbock, TX 79405, Phone: (806) 762-0419. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMA PURCHASING MANAGER No Text GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish FIRE STATION VEHICLE EXHAUST SYSTEMS per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 8th day of November, 2001 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 #270-01/RS, FIRE STATION VEHICLE EXHAUST SYSTEMS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre-bid meeting will be held at 10:00 a.m. October 24th. 2001 in Engineering Conference Room 107. Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 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 Department. At the request of the bidder, or in the *�+ event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 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 Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in :.o 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 Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 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, commercial or financial information, clearly identify those portions. 6.2 including trade secrets and The City of Lubbock will honor your notations of trade secrets and confidential information and decline to final determination of whether a particular release such information initially, but please note that the bid is in fact a trade secret or commercial or financial information that may be withheld from portion of your public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the is received for a portion of your bid that you have marked as being event a public information request confidential information, you will be notified of such request and you will be required to justify your legal to Section 552.305 of the Government Code. Ir position in writing to the Texas Attorney General pursuant that it is determined by opinion or order of the Texas Attorney General or a court of competent the event jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the the Local Government Code, then such information will be Government Code and Section 252.049 of made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 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 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. g CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 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. 10 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. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidders responsibility to advise the Purchasing Manager if any language, requirements etc., or any combinations thereof, inadvertently restricts or limits the require ents stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 11.2 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: RON SHUFFIELD, SENIOR BUYER City of Lubbock 1625 13'h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: rshuffield@mail.ci.iubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within SIXTY (60) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 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. 13 PAYMENT am All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 3 _ I 14 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 Tabor, 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. 15 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. 16 GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 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. 16.3 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. _ 16.4 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. 17 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 18 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. 19 TEXAS STATE SALES TAX 19.1 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. 19.2 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. 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 21 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. 22 EXPLOSIVES 22.1 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 use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 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. 23 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. 24 INSURANCE 24.1 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. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 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. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees 6 according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 27 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. 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to �., do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 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. 11 A 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. .� 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, a., but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. 0 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. 30 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 City of Lubbock reserves the right to reject any bid 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. 31 BID AWARD 31.1 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 Items _through plus the sum of any Alternate Bids the City may select. 31.2 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. 31.3 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. 31.4 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. 31.5 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. 31.6 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. No Text BID SUBMITTAL LUMP SUM BID CONTRACT DATE: NOVEMBER 5, 2001 PROJECT NUMBER: #270-011RS - FIRE STATION VEHICLE EXHAUST SYSTEMS Bid of AIR CLEANING TECHNOLOGIES INC 1300 West Detroit Broken Arrow, OK 74012 _ (hereinafter called Bidder) 800-351-1858 To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a FIRE STATION VEHICLE EXHAUST SYSTEMS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE BID: FIRE STATION VEHICLE EXHAUST SYSTEMS FOR FIRE STATIONS #1, #10 & #12: MATERIALS: FORTY ONE THOUSAND SEVENTY SIX DOLLARS ($ 41,076 00 ) SERVICES: TWENTY FOUR THOUSAND FIVE HUNDRED SEVENTY FOUR DOLLARS ( 22 ,574 n0 ) TOTAL BASE BID: SIXTY FIVE THOUSAND SIX HUNDRED FIFTY DOLLARS ($ 65 650 00 ) _ OPTION #1: FIRE STATION VEHICLE EXHAUST SYSTEM FOR FIRE STATION #14: MATERIALS: NINE THOUSAND NINE HUNDRED SEVEN DOLLARS ($ 9,907.00 ) SERVICES: SIX THOUSAND TWO HUNDRED FIFTEEN DOLLARS ($ 6,215.00 ) _ TOTAL BID OPTION #1: SIXTEEN THOUSAND ONE HUNDRED TWENTY TWO DOLLARS ($16,199 nn ) OPTION #2: FIRE STATION VEHICLE EXHAUST SYSTEM FOR FIRE STATION #3: V MATERIALS: TEN THOUSAND ONE HUNDRED FIFTY NINE DOLLARS SERVICES: SIX THOUSAND SIX HUNDRED SIXTY FIVE DOLLARS ($ 6,665.00 ) w� TOTAL BID OPTION #2: SIXTEEN THOUSAND EIGHT HUNDRED TWENTY FOUR DOLLARS ($ 16,824.00 ; wRa 0-1 OPTION #3: FIRE STATION VEHICLE EXHAUST SYSTEM FOR FIRE STATION#9: MATERIALS: NINE THOUSAND SIX HUNDRED NINETY THREE DOLLARS (S 9-693-00 ) SERVICES: SIX THOUSAND FOUR HUNDRED SIXTY FIVE DOLLARS 6,465.00 ) TOTAL BID OPTION #3: SIXTEEN DOLLARS THOUSAND ONE HUNDRED FIFTY EIGHT (S 16,158,00 ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $0 (ZERO) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for N/A Dollars ($ N/A ) or a Bid Bond in the sum of IVE TH SAND �EVENNDREDTHIRTY Dollars ($�7-j7=70 ) which it is agreed shall be collected and retaine bywner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. 2 Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO 810 OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary MONTY D. DUNCAN, RPORAT SECRETARY Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date MIWBE Firm: I I woman Hisoanic Date: NOVEMBERS 2001 �l Authorized Signature RODDY CLAY DAVIS, VICE PRESIDENT (Printed or Typed Name) AIR CLEANING TECHNOLOGIES, INC. Company 1300 West Detroit Address Broken Arrow Tulsa City, County Oklahoma 74012 State Zip Code Telephone: Boo - 351-1858 Fax: 918 - 251-4977 'acific Amencan � 3 n Bond No. BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Air Cleaning Technologies, Inc. as Principal hereinafter called the Principal, and International Fidelity Insurance Company as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Lubbock, TX as Obligee, hereinafter called the Obligee, in the sum ofFive Percent of Amount of Bid---------------------------------------------------------------------------------------------------- Dollars ($--- 5% --- _-- ), for the payment of which sum well and tnily to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fire Station Vehicle Exhaust Systems, ITB Number 270-01/11S Project Number 90083.9211.30000 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 November 2001 ORSC 21328 (5/97) L tness DUNCAN CORPORATE SECRETARY Witness Air Cleaning Technologies, Inc. 1300 West Detroit Principal Broken Arrow, OK 74012 0- /—, I (Seal) By: ROD Y CLAY' DA , CE PRESIDENT Name/Title International Fidelity Insurance Company Surety (Seal) By: R BBIE LOYD, Attorney -in- ct Attorney -in -Fact Tel (973')'624-7200 _ 7WER OF ATTORNEl INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 M FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing ,_..._ ..r .�.� c-_ ..f Ma Ian Av. and having its nrincioal office in the City of Newark, New Jersey, does hereby constitute and appoint ROBBIE LOYD, NORMA REYNOLDS, DAVID L. VAUGHAN, SANDY POLLOCK, VICTORIA DODD, ANN HOPKINS Tulsa, OK. -w, spat and deliver for and on its behalf as surety. any and all bonds and undertakings, contracts of indemnity and other writings obligatoryin the nature thereof, which are or may be allowed, require or e rrmuea Dy lawstaLure, rule. the execution of such instrument(s) in pursuance of these presents, shall be as bin ing upon a said' INTERNATIONAL iFIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorne is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any . bond or undertaking to which it is attached. oE�ItY rNs IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. INTERNATIONAL FIDELITY INSURANCE CO NY SEAL ems'" 6 y 1904,.%. pn Co my OF Essex JERSEY rr. yds -*1 % Vice -Pr sident On this 31st day of August 1998, before me carne the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of _ said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark. New Jersey the day and year first above written. ONOTARY L., .. PUBLIC t� JE�r-J� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21. 2005 e� I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thercef. and of the whole of the said originals, and that the said Power ked and is now in full force and effect of Attorney has not been revo IN TESTIMONY WHEREOF. I have hereunto set my hand this 8th day of November, 2001. r� Assistant Secretary 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 LIST OF SUBCONTRACTORS Minority Owned Yes No ARMSTRONG MECHANICAL 710 East 40th Street NO Lubbock, exas 4 (806) 747-4217 4 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal .l, I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of �^* Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. f ��J MONTY D. DUNCAN, CORPORATE SECRETARY Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: AIR CLEANING TECHNOLOGIES, INC. (Print or Type ) CONTRACTOR'S FIRM ADDRESS: 1300 west Detroit Broken Arrow, Oklahoma 74012 800-351-1858 Name of Agent/Broker: MR. RICH HAVERFIELD, RICH & CARTMILL, INC. Address of Agent/Broker: 2738 EAST 51st, SUITE 400 City/State/Zip: TULSA, OKLAHOMA 74105-6228 Agent/Broker Telephone Number: ( gig ) 743-8811 Date: 11/5/01 NOTE TO CONTRACTOR j If the time requirement specified above is not met, the City has the right to reject this bid/proposal and I, award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #270-01/RS - FIRE STATION VEHICLE EXHAUST SYSTEMS No Text STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Bond Number SWIFSU0287600 Air Cleaning KNOW ALL MEN BY THESE PRESENTS, that Technologies, Inc. (hereinafter called the Principal(s), as Principal(s), and International Fidelity Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of **See Below Dollars ($ 98 , 596 .09lawful 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. **Ninetv Ei ht Thousand Five Hundred Ninety Six Dollars and 00/100. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 3rd day of December ,20 01,LO Bid #270-01/RS — Fire Station Vehicle Exhaust Systems and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all 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 th_s�= 7th _ day of December -- 2001. Air Cleaning International Fidelity Technologies, Irc - _ S (Company Name) .By. B y : MONTY D. DUNCAN (Title - (Printe me) Robbie, Lo,,id,Attorney-in-Fact Signature) CORPORATE SECRETARY (Title) s OM The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Susan Williams 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. International Fidelity Insurance Company Surety * By: Rio ie Loyd Approved as to form: Attorney—in—Fact City of Lubbock City Attorney Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 No Text No Text DTE( A ORD_ CERTIFICATE OF LIABILITY INSURANCE ARCDR1 12/1-1/01 " PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE �� & C-ARl�LL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2738 East 31st #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tulsa ON 14105 INSURERS AFFORDING COVERAGE Phone: 918-743-8811 Fax:918-744-8429 INCURGD INSURER A: St Pahl Fire & Marine Ins CO INSURER B: AIDerican Mercury Ins Co. Air Cleantng Technologies Inc INSURER C: National American Insurance Cc 1300 A Detroit INSURER D: Broken Arrow OK 74012 INSURER E: r THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD'CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIY POLICY EXPIRATION DATE MIDDY LIMITS "CH OCCURRGaICG S1.000000 A I OCNCRAL LIADILITV $ COMMERCIALGENERALLLABILITY CWMSMADE ® OCCUR CK03504966 08/01/01 08/01/02 FIRE DAMAGE (Arry one nre) $ 100000 MED EKP(Any one person) S 5000 PERSONAL BADVIWURY $ 1000000 GENEPALAGGREGATE S 1000000 PRODUCTS -COMPIOP AGG $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECaT LOC B AUTOMOBILE x LIABILITY ANYAUTO CLP7000995 03/28/01 03/28/02 COMBINED SINGLE LIMIT $ 1000000 (Ea accident) ALL OWNED AUTOS BODILY WJURY $ (Per person) SCHEDULED AUTOS , HIRED AUTOS _ BODILYIWURY $ (Per accident) NON -OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) GARAGE LU 31LITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ ANY AUTO A GXCCCS LIAOILITV x OCCUR E7 cwmsMADc CK03504966 08/01/01 08/01/02 EACH OCCUr1nENCE S 9000000 AGGREGATE $ 9000000 $ $ DEDUCTIBLE $ WC STATU- OTH- X TORY LIMITS ER x RETENTION $ 10000 WORKERS COMPENSATION AND E.L. EACH ACCIDENT $ 500000 C EMPLOYERS'LIABLITY NW1075735C '- 03/23/01 03/23/02 E.L. DISEASE -EA EMPLOYEE I $ 500000 E.L. DISEASE - POLICY UNIT $ 500000 OTHER DESCRIPTION OF OPER►TIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS Re: Bid for Fire Station Vehicle Exhaust Systems #270-01-RS Certificate Bolder is shown on the General Liabilty and Auto policies as _'I ..T .. 4-1,— Aacmr LonaL inZu==" =A&u Workers Compensation policy CRRTICICATE HOLnER IN I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION The City of Lubbock Tina Ivinc 1625 13th Street Lubbock Tx 79401 ACORD 26-S (7/97) le*e CI TY178 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --- DAY9 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: 12-7-01 P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: Air Cleaning Technologies Inc Vehicle Exhaust System THIS IS TO CERTIFY THAT 1300 W DP rnit, Rrnkpn ArrnwYpK1A012 (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 � n EFFECTIVE LIMITS CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: 12-7-01 P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: Air Cleaning Technologies Inc Vehicle Exhaust System THIS IS TO CERTIFY THAT 1300 W DP rnit, Rrnkpn ArrnwYpK1A012 (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 PATE DATE GErfERAL I lA,�i,`L I -Y , Commercial General Liability CK03504966 General Aggrega:e W 1,t2v -1 - - Clairns Made 8-1-01 8-1-02 Products-Compfop AGG $ Occurrence Personal & Adv. Injury1 U"0U,VUU Owner's & Contractors Protectiv Each Occurrence $.� Fire Damage (Any one Fire) 100,000 b Med Exp (Any one Person) 5,000 S .;L'TOIADT;VE LIABILITY Any Auto Combined Single Limit $ 1,000,000 All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos CLP7000995 3-28-01 3-28-02 Bodily Injuria (Per Accident) Hired Autos Property Damage $ Non -Owned Autos GARAGE L,ABILITY Any Auto Auto Only . Each Accident S Other than Auto Only: Each Accident $ Aggregale $ BUILDER'S RISK 100%. of the Total Contract Price.$ INSTALLATION FLOATER $ EXCESS LIABILI TY Umbrella Form Eacn Occurreno-, $ 9,000,000 CK03504966 8-1-01 8-1-02 Aggregate $�9�Ob0bUOJ Other Than Umbrella Form g WORKERS COMPENSATION AND EMPLOYERS: LiA91L/TY The Proprietor., Included Statutory Limits Partners!Execubve Excitrded excluded NW1075735C 3-23-01 3-23-02 Each Accident offices ares Disease Policy Limit $-5�000 Disease -Each Employee OTHEK The above policies either In the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer i.r. less than the legal time required after the insured has received written notice f such ch qe or cancellation. or In case there is no legal requirement, In fess than five days in advance of cancellation. Akmerican Vercury Ins FIVE COPIES OF THE CERTIFICATE OF INSURANCE St Paul Ins. National American Ins - MUST BE SENT TO THE CITY OF LU680CK (Name TiS-�OAgent /I DATE (MMtDDIYY) �c08D CERTIFICATE OF LIABILITY INSUt" �NC�RC�'1 10/24/01 -_ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE . RICH & CARTMILL HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2738 East 51st #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tulsa OK 74105 INSURERS AFFORDING COVERAGE Phone:918-743-8811 Fax:918-744-8429 INSURED INSURER A: St Paul Fire & Marine Ins Co INSURER B: American Mercury Ins Co. Air CleaningTechnologies Inc INSURER C: National American Insurance Co vw1300 W Detroit INSURER D: Broken Arrow OK 74012 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH -PAID POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE Is 1000000 FIRE DAMAGE (Any one fire) $ 100000 A X COMMERCIAL GENERAL LIABILITY CK03504966 08/01/01 08/01/02 MED EXP (Any one person) $ 5000 CLAIMS MADE OCCUR PERSONAL& ADV INJURY $ 1000000 e.. GENERAL AGGREGATE $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ 1000000 71 POLICY PES LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 B X ANY AUTO CLP7000995 03/28/01 03/28/02 (Ea accident) I ALL OWNED AUTOS BODILY INJURY $ jr- I SCHEDULED AUTOS (Per person) HIRED ALTOS BODILY INJURY $ (Per accident) NON -OWNED AUTOS DAMAGE �{ #W' j PROPERTY $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE IS9000000 AGGREGATE $ 9000000 A ;J OCCUR El CLAIMS MADE CK03504966 08/01/01 08/01/02 $ DEDUCTIBLE $ 0 RETENTION $ 10000 M i WORKERS COMPENSATION AND X I TORY LIMTS ER E.L. EACH ACCIDENT $ 500000 i EMPLOYERS' LIABILITY NW1075735C 03/23/01 03/23/02 C E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE - POLICYLIMT $ 500000 �+ OTHER i DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Bid for Fire Station Vehicle Exhaust Systems ew� 'L CERTIFICATE HOLDER N ADDITIONAL INSURED; INSURER LETTER: CI The City of Lubbock 1625 13th Street Lubbock TX 79401 CANCELLATION 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOt DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR rye ACORD 26-S (7197) - _ (1 CACORD W A CONTRACTOR SHALL: CONTRACTOR CHECKLIST (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 0„ 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: .m 2 i 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)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to s. 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; (p) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the �., coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. No Text ii CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 3rd day of December, 2001 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Air Cleaning Technologies, Inc. of the City of Broken Arrow, County of Tulsa and the State of Oklahoma hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #270-01/RS - FIRE STATION VEHICLE EXHAUST SYSTEMS - $98,596.00 A. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract .documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have �^+ been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. 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. ATTEST: CITY F LUBBOCK, T A NER) CN Secret ryMAYOR AP VED S T CON NT: CONTRACTOR: lZw N~ .� Owner's R prese tative AIR CLEANI OLOCIES INC. APPROVED AS TO FORM: iAttorne tY Y PRINTED NAME: RODDY CLAY DAVIS r TITLE; VICE PRESIDENT ATTEST: COMPLETE ADDRESS: Corpor S creta ry� Air Cleaning Technologies � 1300 West Detroit Broken Arrow, OK 74012 OV MONTY D. DUNC 1 No Text GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit AIR CLEANING TECHNOLOGIES. INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative GEORGE LISENBE. BUILDING & ENERGY ADMINISTRATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 0" 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 Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's �. Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 1 CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. OWN 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. fir* 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall superintendent and any necessary assistants, all satisfactory keep on the work, during its progress, a competent to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. it is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without ^ approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. 4 `_. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - if neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. in the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, 5 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 will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). if Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with 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. far FMQ 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive. General Liability Insurance with limits of $500.000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $100.000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of mon all contracts with coverage _ to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000.00. 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 limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- ,•a operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services does not include activities unrelated to the project, such as food/'beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and L 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. (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; 9 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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 an report lack of coverage. a ' 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; 9 G (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) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the ^ insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. 10 r (8) (9) If policy limits are paid, new policy must be secured for new coverage to complete project. A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 592/440-3789 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: M 11 enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $0(ZERO) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 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 14 Fe employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 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 event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract_ 40. PRICE FOR WORK �m 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 r 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. ee+ 15 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. IN 45. CORRECTION OF WORK *�+ Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR in case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required_ After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and 0M 17 equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time - become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (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. I8 we_ , 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. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall 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 r� 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. ,�, 19 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or 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. 20 No Text RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A �+ City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 7.00 Bricklayer -Helper Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 .� Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 12.50 Plumber 7.00 Plumber -Helper Roofer 9.00 .• Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 ,.R, 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Ragger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 a 2 EXHIBIT C 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 D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 No Text FIRE STATION VEHICLE EXHAUST SYSTEMS CITY OF LUBBOCK TABLE OF CONTENTS DIVISION 15 - MECHANICAL SECTION 15010 - General Mechanical Provisions SECTION 15804 - Ventilating DIVISION 16 - ELECTRICAL SECTION 16010 - General Electrical Provisions SECTION 16110 - Raceways SECTION 16120 - Conductors SECTION 16130 - Boxes and Fittings SECTION 15010 - GENERAL MECHANICAL PROVISIONS PART 1 - GENERAL 1.01 DESCRIPTION: A. The work covered by this section of the specifications includes the furnishing of all materials and labor as required for the installation of the automotive exhaust systems, all as shown on the drawings, as herein specified, or both. 1.02 RELATED DOCUMENTS: A. Refer to other applicable clauses and regulations of the General Conditions of the Agreement for work required under this section. 1.03 SUBMITTAL: A. This Contractor shall submit six (6) copies of all submittal data covering proposed equipment to the Engineer for approval prior to installation. All equipment shall be submitted at one time in a bound folder with an index of submittal. a 1.04 REGULATIONS: A. All work shall be done in strict accordance and compliance with State and Local Laws, together with regulations of the particular Utility Companies concerned. B. Obtain permits as required by the local authorities. 1.05 DRAWINGS: A. The drawings and the specifications are numbered consecutively. Each Contractor shall check these drawings and specifications thoroughly and shall notify the Engineer of any discrepancies or omissions of sheets or pages. Upon notification, the Engineer will promptly provide the Contractor with any missing portions of the drawings and/or specifications. No discrepancies or omissions of sheets or pages of the Contract Documents will relieve the Contractor of his duty to provide all work required by the complete Contract. B. The plans accompanying these specifications are intended to show the general arrangement and the extent of the work contemplated. The Contractor shall inspect the site before bidding to verify the actual conditions involved as no allowance will be made for unforeseen conditions. The exact location and arrangement of all parts shall be determined after equipment has been approved by the Engineer and as directed by the Engineer. All materials or labor necessary to complete the work in P", accordance with the intent of these specifications shall be furnished by each Contractor without additional charge as if called for in these specifications or shown on the plans. C. Should the particular equipment which any bidder proposes to install require other space conditions, supports or clearances other than those indicated on the drawings, he shall arrange for such items with the Engineer before submitting his bid. Should changes become necessary on account of failure to comply with this clause, the Contractor shall make such necessary changes at his (the Contractor's) own expense. D. This Contractor shall verify all existing conditions that may effect his work 15010-1 including exact location and size of all plumbing lines, direction of flow, ductwork, existing equipment and connection points. Any discrepancies from conditions shown on the drawings shall be reported to the Engineer before bidding and the bid price shall include the cost to correct any discrepancies to provide a complete and workable system. E. This Contractor shall thoroughly lay out all his work and check all conditions to insure that the work as shown on the Drawings can be installed without modifications. No material shall be fabricated or delivered to the job until these conditions have been determined. F. The Owner or Owner's Representative reserves the right to make changes during construction, if required, and no allowances will be made for prefabricated material or on job materials which can not be used due to actual conditions. 1.06 ASBESTOS: A. Any asbestos that must be abated for the installation of the exhaust system will be accomplished by the City of Lubbock prior to the installation of the system. 1.07 APPROVAL OF MATERIALS: A. Where manufacturer's names are mentioned in these specifications, it has been done, in most cases, in order to establish a standard. Where the phrase "or equal", or its equivalent is used in connection with a particular item of material or equipment, the products of others than the particular manufacturers mentioned will be acceptable, if of suitable type and construction, but any substitution must be of quality as good as, or better than, the named article. Where the phrase "or equal" or its equivalent, is not used in connection with a particular item of material or equipment only the products of the manufacturers mentioned will be acceptable. B. Any material or equipment other than that specified shall have seven (7) day prior approval. If the Contractor elects to substitute other equipment or materials for that specified by name, he shall be fully responsible for all coordination with other trades involved. Any expense incurred because of modifications to accommodate larger sizes, larger electrical service, fuel piping requirements resulting from such substitution shall be borne by the Contractor substituting other equipment. C. Upon being awarded the Contract for the work under one of the following sections, the Contractor shall, within thirty (30) days, submit for approval a complete list of the materials which he proposes to use. The list shall give the manufacturer's names and designations corresponding to every item and where submitted materials are different from that specified by name, the submission shall be accompanied by a complete descriptive literature and/or any supplementary data and drawings, necessary to give full and complete details for the completed installation. D. Any item on this list which is rejected because of unsuitability or inferior quality, must be replaced by an acceptable item within two (2) weeks following notification of the Contractor of such rejection. If no satisfactory material is submitted within two (2) weeks, then the Engineer reserves the right to notify the Contractor as to the type and make of materials he will be required to furnish. Six (6) copies of the material and the equipment list shall be furnished by the Contractor in neat and firmly bound brochures for approval. 15010-2 add 1.08 PRECEDENCE: on shall have precedence over each other in A. The work covered in this secti accordance with the following sequence: 1. Soil and waste piping 2. Duct work 3. Cold and hot water piping .,. 4. Electric wiring 1.09 COOPERATION: A. Each contractor shall cooperate with the General Contractor and all other contractors to properly coordinate their work, to avoid interference and delays, and arrange all parts of the work so as to harmonize in service and appearance with all other parts. 1.10 INTERFERENCES: A. The plans are generally diagrammatic and the Contractor must harmonize the work of the different trades so that interference between piping, equipment, architectural and structural work will be avoided. All necessary offsets in piping, fittings, etc., required to properly install the work must be kept as close as possible to walls, ceiling, columns, etc., so as to take up the minimum amount of space, and all offsets, fittings, etc., required to accomplish it must be furnished and installed by the contractor without additional cost to the Owner. B. Exact locations of mechanical and electrical outlets or equipment may be varied a reasonable amount by the Engineer before installation without additional cost to the Owner. C. All equipment and controls shall be so located and arranged that all parts will be available for proper maintenance. PART 2 - PRODUCTS 2.01 MATERIALS AND WORKMANSHIP: A. Materials shall be new unless otherwise specified and of the quality specified. Materials shall be free from any defects. Materials and equipment for which the Underwriters' Laboratories have established as standard, shall be listed by the Underwriters' Laboratories, Inc., and shall bear their label. B. Each Contractor shall be responsible for transportation of his materials to the job and shall be responsible for the storage and protection of same. This will be provided until final acceptance of the job. C. Each Contractor shall provide protection against weather, so as to maintain all materials and equipment free from injury and damage. All new work likely to be damaged shall be covered during the day and at the end of each day. D. Each Contractor will furnish all necessary scaffolding, tackle, tools, appurtenances and all labor required for the safe and expeditious execution of this contract. E. The workmanship shall be in all respects, the highest grade and all construction in accordance with the best practice of the trade. 15010 -3 PART 3 - EXECUTION 3.01 HANGERS AND SUPPORTS: A. The Contractor for the work covered by each section of these specifications shall furnish and install all foundations and supports required by equipment included in his work. B. All piping, both vertical and horizontal, shall be supported at sufficient close intervals to keep its alignment, prevent sagging and to prevent pipe from being supported by equipment or equipment connections. C. Vertical pipes shall be supported from floor with riser clamps sized to fit the Iines and adequately support their weight. Vertical copper tubing, 1-1/4" and smaller shall be supported at 3' intervals and at the base of pipe risers, where required for proper support. Hangers shall be manufactured by Kindorff, Unistrut, Elcen or equal. Where multiple pipes are indicated, they may be supported on a continuous hanger. All hangers must meet the Engineer's approval. Use of perforated straps will not be permitted. 3.02 ESCUTCHEONS: A. Where exposed to view, pipes insulated or bare, passing through floors, walls, or ceilings, shall be filled with near, heavy spun or stamped steel escutcheons, firmly secured to the pipes. Escutcheons shall be of sufficient outside diameter to surround both the pipe and the sleeves. The sleeve shall have a nickel plated finish, fabricated in one piece and shall be firmly anchored in space. "Snap -on" type escutcheons will not be permitted. 3.03 PAINTING: A. No painting will be required under this contract. 3.04 ELECTRICAL A. Electric motors shall be of the speed, phase and voltage as specified and shall be of type recommended by motor manufacturer for type of service involved. B. The Contractor furnishing the motor shall install it. The Contractor shall furnish such motor controls and starting equipment as specified or as required. The erection and connection of all switches, starting and control equipment, and the wiring of same, shall be done as required. Conduits from controllers to motors shall be flexible for not over three feet (3) and shall be attached to the terminal housing of the motor. All flexible conduit to motor shall be waterproof type with neoprene jacket. C. Where automatic controls are called for in the Plumbing, Heating and Air — Conditioning specifications, the control instruments, such as motorized damper motors, motorized valves, etc., shall be installed by the Contractor furnishing the controls, but all wiring necessary shall be done by the Electrical Contractor. The Contractor furnishing the controls shall furnish a control wiring diagram to the Electrical Contractor. D. Starters on air cooled condensing units shall be furnished by the equipment -- manufacturer. Starters for Heating and Ventilating units shall be furnished by the equipment manufacturer. The Refrigeration Contractor shall design, furnish, and 15010-4 W install all other electrical panels and wiring starting at the end of designed main electrical feeders as shown on the drawings. 3.05 DEMOLITION: A. Each contractor shall remove those items shown on the plans to be removed for each respective trade. B. All items to be removed or discarded are property of the Contractor and shall be removed from the site. C. Contractor shall take care not to damage more of the existing facilities than is absolutely necessary. All concrete to be removed shall be cored or sawed to widths to allow the installation of pipes or conduits indicated and replaced by Contractor who occasions the work. 3.06 EQUAL MATERIAL CONSIDERATION: A. Approval of equipment other than that specified does not relieve the Contractor from the responsibility of modifying the equipment if necessary to meet Structural, Architectural, Electrical, or Mechanical conditions as detailed and specified on the drawings. 3.07 INSTRUCTION MANUALS: A. Furnish four (4) complete bound copies of Instruction Manuals on all operating equipment to Owner. Manuals: complete with repair instructions, replacement parts list, and complete operating instructions and wiring diagrams. 3.08 TESTS AND ADJUSTMENTS: A. After completion of the work but before final payment is made, the Contractor shall run test over a sufficient period of time to prove the proper capacity and performance of apparatus, etc., and of system as a whole to the approval of the Engineer. 3.09 GUARANTEE: A.. This Contractor shall guarantee the workmanship and material against defects for a period of one (1) year from the date of acceptance, unless specified otherwise in other sections of this specification. End of Section 15010- 5 0 SECTION 15804 - VENTILATING PART 1 -GENERAL 1.01 SCOPE: A. This Contractor shall provide all labor, materials, and equipment necessary to provide a complete operational system to remove both diesel and automotive exhaust gases and particulate of operating vehicles within the confines of specified fire stations as indicated on the drawings. All necessary controls, motors, fittings, louvers, ductwork, blowers, air compressors, supports, and all other equipment and materials specified shall be provided in this contract. B. All items and equipment and materials described in these specifications are to be furnished installed and placed into proper operating condition in accordance with good practice and manufacturer's written or published instructions. C. All workmanship and materials shall be in accordance with applicable codes and regulations, (i.e., SMACNA, BOCA, NEC, ASTM, UBC, UMC, NFPA, AMCA and IMC). Such codes and regulations are to be considered part of these specifications. D. The bidder shall warranty all materials, equipment and workmanship for a period of one (1) year from the date of final acceptance of the completed job against original defects of material and workmanship, excessive wear and deterioration. Repairs shall be made at the bidder's expense. E. Bidder shall install a complete automatic disconnect Diesel Exhaust Removal System that addresses the problem of diesel fumes in the fire department station house. The system shall not interfere with normal day-to-day operations. The system shall be a Sliding Balancer Track type system that has the following performance criteria. 1. The exhaust removal system must provide 100% complete evacuation of all diesel fumes at the source from start up to exit of the apparatus from the fire station. The diesel exhaust removal system shall be capable of reaching to the undercarriage of the vehicle tailpipe located anywhere from 10 to 75 feet away from the exiting door threshold. The system must be able to accommodate drive through and back -in bays to meet all the needs of the fire department. 2. The system must not affect personnel boarding the apparatus. Hose loops shall not hang any lower than seven feet from the bay floor. The hose assembly shall not touch or drag on the bay floor. 3. The exhaust system shall not block doorways, exits and aisles in the apparatus bay, which could endanger the welfare of fire personnel or visitors. 4. To protect the apparatus electrical system from possible damage, the system bid shall not incorporate any type of electromagnetic device that requires the apparatus to be utilized as an electrical ground for system's operation. 1.02 RELATED DOCUMENTS: A. Refer to other applicable clauses and regulations of the General Conditions of the Agreement for other work required under this section. 15804 1 1.03 SUBMITTAL: A. All submittal required by this section shall be submitted in accordance with Section 15010. B. Submit manufacturer's data for approval on all materials to be furnished as part of this project. 1.04 STANDARD PRODUCTS: A. Equipment and materials provided for the system installations shall be standard product of manufacturers currently engaged in the manufacturing of automatic vehicle exhaust removal systems. 1.05 QUALITY ASSURANCE: A. All workmanship, manufacturing procedures, airflow design, and materials shall be performance guaranteed. If any findings or test studies reveal improper materials, defective components or inadequate performance as outlined in the specifications, the bidder shall remove and replace the materials in question. 1.06 EQUIPMENT WARRANTY: A. The bidder shall guarantee all materials, equipment and workmanship for a period of one (1) year from the date of the final acceptance of the completed job against original defects of material and workmanship, or excessive wear or deterioration. Defects shall be made good at the bidders expense with no cost or obligation to the Owner. 1.07 PRODUCT DELIVERY, STORAGE, AND HANDLING: A. The bidder shall be solely responsible for the delivery, storage, and handling of all products. Any equipment placed in storage shall be protected from weather, humidity, temperature variations, dirt, dust, or other contaminants. PART 2 - PRODUCTS 2.01 EXHAUST SYSTEM: A. Furnish and install an exhaust system all as shown on the drawings as manufactured by Plymovent Vehicle Exhaust Removal Systems, or approved equal. B. Provide exhaust ducts, properly flashed and waterproofed as shown. 2.02 SYSTEM MANUFACTURER: A. All equipment specified herein shall be a standard product of the manufacturer or an approved equal. An approved equal shall be determined by the fire department or engineer. The bidder shall provide all labor and materials required to install and operate the Diesel Exhaust Removal System which shall be included in the following performance and technical specifications. Any adjustments involving equipment locations within the building shall be determined in the field and approved by the fire department. 2.03 AIR MOVING DEVICES: A. Centrifugal Fans: 15804-2 p. 2.04 ELECTRICAL CONTROLLERS: A. Controller Type: The controller shall be manufactured and delivered as an Operating System with one series controller manufactured by the manufacturer or an equal to the specifications to follow. B. Electrical Controllers: The electrical controller offered shall be approved by Underwriters Laboratories (UL) as a complete electrical system for enclosed industrial control panels. 1. Electrical controllers shall be UL listed/approved and manufactured in accordance with Underwriters Laboratories standard UL -508 enclosed industrial control panels. The electrical trolley shall include a limited energy control circuit. Enclosures shall be NEMA 12 rated and UL listed as Type 12. The electrical enclosure shall be provided and mounted in an electrical enclosure to restrict access to internal components of controller by only authorized entry. 2. Control panels and air compressors locations may be changed from where indicated on the drawings if they do not interfere with existing equipment or adversely affect the operation of the system. C. Electrical Contactors: Contactors shall be Allen Bradley Industrial Electrical Contactors, or approved equal, provided with the appropriate adjustable overload relays to meet the proper full load amperage of motor that is outlined in these 15804-3 1. The fan shall be a direct drive centrifugal type, high pressure, single width, single inlet as required or indicated. Impeller wheels shall be of a radial design for high static pressure performance. Impeller wheels shall be spark resistant and made of Almag material to prevent static electricity build-up. ' The impeller shall be dynamically and statically balanced and of the non overloading type to provide maximum efficiency while achieving quiet, vibration -free operation. 2. The fan housing shall be manufactured from a nonferrous material, Almag or approved equivalent. The fan motor and assembly shall be mounted on a stainless steel frame for durability in any type of weather condition. The base shall have four (4) factory fabricated punched openings at bottom of fan base for field attachment to either an exterior wall or roof structure. *" B. Fan Motor and Bearing: All 1 to 10 horsepower motors shall be totally enclosed fan cooled (TEFC). The bearings shall be self -aligned ball bearing type which are permanently sealed and lubricated. Fan shafts shall be steel and rotate in a non - sparking Teflon seal to prevent hot gases from coming in contact with the motor bearings. The exhaust discharge outlet shall be in compliance with ACGIH recommendations and EPA requirements. Air intakes, windows, prevailing currents, communication equipment and building aesthetics shall be considered in the final location of the fan. Silencers shall be provided when fan sound decibels exceed 64 Dba. C. Performance: The fan capacity shall be sized to deliver the required CFM at each hose drop. The delivered volume shall take into account the static regain of vehicle engine exhaust (based on an airtight connection at tailpipe), lengths of duct, elbows, . branches, etc. which contribute to the static pressure at the field inlet. The manufacturer's provided fans shall be performance guaranteed. 2.04 ELECTRICAL CONTROLLERS: A. Controller Type: The controller shall be manufactured and delivered as an Operating System with one series controller manufactured by the manufacturer or an equal to the specifications to follow. B. Electrical Controllers: The electrical controller offered shall be approved by Underwriters Laboratories (UL) as a complete electrical system for enclosed industrial control panels. 1. Electrical controllers shall be UL listed/approved and manufactured in accordance with Underwriters Laboratories standard UL -508 enclosed industrial control panels. The electrical trolley shall include a limited energy control circuit. Enclosures shall be NEMA 12 rated and UL listed as Type 12. The electrical enclosure shall be provided and mounted in an electrical enclosure to restrict access to internal components of controller by only authorized entry. 2. Control panels and air compressors locations may be changed from where indicated on the drawings if they do not interfere with existing equipment or adversely affect the operation of the system. C. Electrical Contactors: Contactors shall be Allen Bradley Industrial Electrical Contactors, or approved equal, provided with the appropriate adjustable overload relays to meet the proper full load amperage of motor that is outlined in these 15804-3 specifications. The contactor shall conform to the following standards: BS -5424, VDE0660 and be approved by UL certification as an approved component. D. Control Transformer: Shall be UL listed industrial control circuit transformer with primary and secondary fuse blocks. Transformer shall be provided with multitap primary 208V through 480V, AC, and 24V through 120V secondary. E. Electrical Timer: Shall be solid state five (5) minute adjustable timer. The operating logic shall complete this cycle. Input voltage shall be applied to the timer at all times. Upon closure of a normally open isolated start switch, the load energizes and remains energized as long as the switch is closed. When the start switch opens, the timing cycle shall start. At the end of the preset time delay, the load de -energizes and the timer is ready for a new timing cycle. Timer shall be a UL recognized component under file number E65038. F. Engine Start Switch: Shall be of an engine pressure sensing type, capable of recognizing the output pressure of any type of motor vehicle exhaust. The electrical contact shall be dry type and shall not exceed 24V. G. Electrical Wiring: Shall be run through wire channel to allow for easier identification of wiring circuit and appearance. All wiring circuitry shall meet UL listed requirements for proper bending radiuses and terminations. H. Electrical Terminal Block: Shall be a 600V, UL rated and recognized component. It shall provide individual connection points for remote controls, power and motor connections. I. .Electrical Wiring Schematic: Shall be provided with each electrical control box supplied. Wiring schematic shall show internal circuitry as well as all primary and secondary connections to the controller. This schematic shall be provided as a "D" size print drawing. J. Electrical Interface: To protect the apparatus and communications, designs that incorporate the use of a controller that utilizes or produces an electrical frequency transmission or any possibility of electrical back -feed which may interfere with a central services communication or onboard vehicle computer logic or navigational equipment will not be accepted. K. Controller Performance: It shall be designed to sense the output pressure which is normally generated by any internal combustion engine designed to propel a motor vehicle. The operating logic shall be designed to complete this cycle. At any point in time when either a collection device is connected to a motor vehicle's exhaust tailpipe or an operator manually or automatically starts the vehicle, the controller shall automatically sense the engine's output pressure and in turn energize the - electrical contactors which will provide proper full load amperage to the exhaust removal system fan motor. Through the use of an adjustable timer, the controller shall keep the contactors energized for up to five minutes in accordance with the station response requirement. If the responding vehicle does not disconnect from the exhaust ventilation system in less than the designated setting, a temperature override switch shall be incorporated to override the timer delay relay to ensure continuous system operation. This automated function will work for as long as the exhaust gas temperature is in excess of the fan temperature setting on the heat sensor which is located in the ductwork. This cycle shall not allow the electrical contactor, which energizes the exhaust fan, to short cycle or stop the fan while the system is connected to an operating vehicle. 15804-4 v rw 2.05 DUCTWORK SYSTEM: A. Ductwork Type and Materials: Shall be UMC Class C or SMACNA Class II product conveying duct. It must met or exceed criteria for construction and performance as outlined in Round Industrial Duct Construction Standards, SMACNA. Materials of construction unless otherwise specified for all ductwork and fittings shall be a minimum G-90 galvanized sheet metal in accordance with ASTM -A525 and A527. B. Ductwork Sizing and Gauges: All ductwork subject to positive or negative pressure shall be of round spiral pipe construction, with the range of available sizes not to exceed 10 inches in diameter. Duct gauge shall depend on diameter and a minimum operating pressure of 8 inches water gauge. Acceptable gauge and reinforcement requirements shall be in accordance to the following. Inner duct diameter 4" - 7" dia. shall be 26 -gauge standard spiral pipe and 9" - 10" diameter shall be 24 -gauge standard spiral pipe. C. Ductwork Fittings: All exhaust fittings shall be round and have a wall thickness 2 gauges (one even gauge number) heavier than the lightest allowable gauge of the downstream section of duct of which they are connected. Air duct branch entrances shall be factory fabricated fittings or factory fabricated duct/tap assemblies. Fittings shall be constructed so that air streams converge at angles no greater than 45 degrees. All seams shall be continuous stitch welded and if necessary internally sealed to ensure airtightness. Turning elbows shall be stitch -welded and used for all diameters and pressures. They shall be fabricated of 24 gauge galvanized steel and constructed as two pieces with continuous welded seam construction fittings. Tapered body fittings shall be used where particulate fallout is anticipated and - where air flow is introduced to the transport duct manifold. D. Ductwork Design Velocities: Shall be a minimum of 4000-4500 feet/minute transport velocity in metal ductwork which is the standard for design. Capture velocity shall be 5500-6000 feet/minute to extract 100% of the exhaust gases. E. External Ductwork: Shall be sized for the exact inlet and outlet of the exhaust fan blower. An exhaust rain cap shall be supplied and manufactured in accordance with EPA standard for free draft rain cap requirements. Included as an integral part of this rain cap shall be a back draft damper to provide protection from rain and other inclement weather or air. 2.06 SLIDING TRACK: A. The sliding track shall be a one-piece continuous extruded aluminum track in a minimum length of 20 feet. The construction profile shall be of a Boxloc type profile, which shall adhere to the following dimensions. Track height 3-1/8", width 1-1/2", thickness 1/8". The track material shall be aircraft aluminum alloy type AA - 06063. The aluminum track shall be an extruded design that shall incorporate three separate and functioning channels. The three channels shall be for the following, mounting channel, trolley channel and the boxloc channel. Each of these sections performs a specific function to make the system work effectively. The mounting compartment shall be designed to accept the slider bars (which shall be provided with factory supplied vertical support legs and riser clamp duct connection) and allow positioning along the full length of the slotted track mounting channel. The mounting channel shall also accommodate the compressed airlines for the purposes 15804-5 of safe storage and appearance. The trolley channel shall allow the trolley/balancer/hose assembly to glide to the door threshold in a safe and effective manner. The boxloc channel shall allow the whole track to remain rigid as it hangs from factory supplied leg supports and also shall provide an area to attach bolts for splicing additional tracks together for systems over 20 feet long. The overall extruded track lengths shall be 20 foot standard and weight no more than 35 lbs. The track system shall be equipped with end stops that limit travel of flex hose as the vehicle exits the building. The end stop shall be fabricated of zinc plated steel in a U shape form, with a rubber end stop on the impact end. It shall be attached by using a 1/4" molded locking bolt. The end stop shall be secured to the track with no less than (2) 1/4" bolts and locking nuts located on the underside of the track. For security, a 1/4" bolt shall be drilled through the ends of each track system to insure that the trolleylbalancer assemblies roll no further than the end of the track system. B. Support Legs: Support legs shall be manufactured and provided by the supplier of the primary exhaust removal system (i.e., Equipment Manufacturer). This is to ensure that the unit is installed as a complete system including the mounting hardware. Supports shall be zinc -plated telescoping adjustable type and shall be capable of adjusting travel lengths from 6 inches to 13 feet. A minimum of one support with appropriate bracing shall be provided for every 10 linear feet of track profile. The support legs shall consist of a square outer profile with dimensions no less than 1-3/4" O.D. with 3/8" fastening hardware provided. Inner leg shall be a C profile type with continuous slot along its traveling length. Welded securely to the bottom of C profile shall be a mounting foot complete with a slider bar and 3/8" hardware necessary for mounting the horizontal track to the mounting channel system. The support leg shall be equipped with round tubular zinc -plated steel with pressed ends. The angle shall be completely adjustable to the leg support and mounted perpendicular and parallel to direction of the track. The typical support angle shall be 45 degrees from the center line of the factory provided support leg. The standard leg shall be capable of meeting a Seismic 4 requirement. C. Double Track Joiner Plate: Should the exhaust removal system require a double track type system due to the length of the apparatus bays, the tracks shall be attached in the following manner. The joiner plate shall be constructed from a minimum of 1/4" thick zinc -plated material and be designed to connect two parallel tracks to make a double track system to accommodate an apparatus bay over 40 feet in length_ The joiner plate shall be loll x 8 flat zinc -plated steel and designed to attach the two tracks to a single factory supplied support leg. The steel plate shall have (6) 3/8" holes drilled 6-7/8" apart to accommodate the slider bar provided with factory support legs. The joiner plate shall have two slider bars attached to the plate and shall be located on the outside edges of plate, these slider bars shall fit into the boxloc track mounting channel for a simple and secure attachment of the plate to boxloc track. The center portion of the joiner plate shall provide attachment for the factory supplied support leg. D. Track Splicing Assembly: The track splicing assembly shall be fabricated for the sole function of connecting two extruded aluminum boxloc sliding tracks end-to- end. Track splice shall be manufactured of galvanized steel in two parts and utilized as a clamping device. This clamp shall accurately secure both tracks 15804-6 FM s., together in a fashion, which shall eliminate any possibility of obstructing the trolley assembly as it passes through this connection point of track system. Connecting length of splice shall be a minimum of 15-3/4" long and fabricated of 14 gauge material. Four 1/4" bolts with lock nuts shall pass directly through internal partition �., of boxloc track. The splicing sleeve shall fit externally around the outside dimension of extruded aluminum track profile. The clamp shall be fabricated as a one-piece welded *^� E. Riser Clamp Assembly: riser assembly and manufactured to create the transfer of the hard spiral pipe joined at the top and flexible duct connection at the bottom. The riser clamp shall be factory "^ drilled to mount an air regulator assembly for the pneumatic nozzle and to accept airlines that pass through airtight seals mounted to riser pipe. A slider bar and hardware shall be provided with riser clamp assembly. Sizes of the riser associated clamp will range from 3" - 6" diameter to match the output velocity of the vehicles that will park in that station. F. Accutrack Trolley/Balancer Assembly: The trolley assembly shall be manufactured as a two-piece galvanized steel assembly including bumper stops at each end. Fixed to the side of the trolley are solid steel pins, which shall be for load carrying bearings that are sealed and permanently lubricated. The load carrying bearings shall travel internally in track trolley channel. Two additional permanently lubricated trolley wheels shall be provided on bottom side of the track to reduce wobble of trolley as it conveys the hose assembly to the door threshold. A release plate shall be attached to the chassis of the trolley to smoothly energize the uncoupling release valve when the trolley -balancer assembly approaches the door threshold. The system balancer assembly shall be a self-adjusting weight spring tension balancer with a lifting capacity of no less than 31 lb. The balancer shall have a minimum diameter stainless steel cable of .080 and a safety link connection. The system supplier shall manufacture the balancer and trolley for the sole purpose of conveying the flexible hose to the door threshold for automatic release of the system. Only a stainless steel balancer cable will be accepted. G. Regulator Assembly: The regulator assembly shall be constructed of cast aluminum ,., and refinished with black epoxy coating for durability. The regulator shall safely operate with an input pressure of 0 - 200 psi; the output pressure shall be preset at 15 psi. The regulator shall be attached to each Riser Clamp Assembly/Hose Drop or to the boxloc track to allow for independent adjustment of each pneumatic nozzle. The regulator shall also be provided with needle type adjustment gauge that is clearly marked with the proper operating range of system and which can be - visibly read from standing position on the bay floor. H. Uncoupling Valve Assembly: Shall be provided to activate the release of the pneumatic nozzle connection located on vehicle's exhaust pipe. The valve shall be single direction action and affixed to a mounting bracket, which can be easily positioned and adjusted along the full length of the extruded aluminum track profile. The mounting bracket shall be formed from a minimum of 16 gauge galvanized steel and designed to fit snugly over the top of the boxloc track system. A 1/4" opening shall be centered to the top side of bracket to accommodate a 1" x 1/4" bolt with a 1/4" plated 1-1/2" long bar providing the secure attachment of the Uncoupling Valve when system is activated. The release valve shall be set for the maximum exiting speed of the vehicle. 15804-7 I. Upper Flexible Hose: Hose shall be flexible exhaust hose manufactured for the sole purpose of venting high temperature exhaust gases which are produced by internal combustion engines. The flexible hose shall be designed strictly for the rigorous environment of rapid response and auto -release of a vehicle exhaust tailpipe. Hose shall range from 3" - 5" diameter with varying lengths depending on the system length required ranging from 20 - 43 feet without joining or splicing connections. Hose material shall be high temperature synthetic rubber impregnated into a high temperature laminated fabric with a minimum overlapping thickness of 2-7/16". This construction of hose must be capable of operating at continuous temperatures of 400 degrees F. and intermittent temperatures of 500 degrees F. such as are experienced when pump checks are performed inside the station. Independent testing by a recognized UL laboratory must accompany this bid as proof of performance claim. Wire Helix shall be bound and protected in laminations of hose winding. This shall be accomplished in a fashion which eliminates any possibility of personnel coming in contact with an exposed hot metal helix. The hose shall further protect the internal wire helix from heat buildup and in turn add increased visibility to personnel. Wear strip shall be 9/16" wide and be provided in a safety yellow color. The bend radius of the high temperature hose shall be no less than 1.5 times the diameter of hose to ensure that hot gases will not be restricted as they pass through the system. J. Lower Hose Assembly: Shall be a rigid 3" - 5" diameter by 2 foot long section of yellow and black hose identical in appearance to the upper hose assembly. Lower hose shall support the pneumatic connection nozzle and chrome reducing elbow in a rigid fashion as to allow for the operator to place hose collection nozzle onto the tailpipe without bending over. Lower hose is the only section of hose which shall disconnect from the upper hose assembly and act as a safety disconnect in the unlikely event the nozzle does not deflate. K. Safety Disconnect Coupling: A rubber coupling shall be incorporated in the design of the system enabling the lower two foot hose assembly to separate from the upper hose assembly thus reducing the possible chance of damage to system. This device shall consist of two spun aluminum collars connected by a reusable rubber band. The release tension of this device shall separate the two at no greater than 88 lb. This is considered a safety requirement and any system bid must incorporate a safety disconnect. L. Collection Nozzle Assembly. The nozzle shall provide a substantially airtight seal around exhaust tailpipe when connected thus allowing for 100% source capture. The seal shall not allow for escape of life threatening exhaust gases which may be present during the following conditions. L If vehicle's engine is accelerated above normal idle resulting in an exhaust velocity greater than 5,000 feet per minute or in the event that the output velocity or CFM of the exhaust exceeds the manufacturers normal capture velocity or CFM of hose. 2. The nozzle shall automatically adjust its internal orifice to accept any tailpipe ranging from one inch through six inch diameters. Manufacturer of the nozzle shall offer, if required, both maximum diameter nozzles ranging from 6.25" diameter to 4.75`° diameter. The nozzle pressure shall not exceed 15 lbs. per inch. Nozzle construction shall be high temperature synthetic rubber, 15804- 8 PSI M. N N N vulcanized to a high temperature synthetic fabric. A NOMEX inner liner shall be provided for the primary temperature friction barrier. 3. The chrome reducing elbow that connects to the connection nozzle shall be fabricated using continuous welded seam construction. This important feature eliminates the escape of any potentially lethal exhaust gases and must provide for a smooth airflow transition from connection nozzle into the high temperature flexible hose. The angle of transition shall be no less than or greater than 67 degrees from the center line of reducer. The chrome reducer shall incorporate a primary expanded metal debris screen, which is permanently affixed by welded seams to the inside opening of exhaust fitting. This item is a point of safety for both personnel and the system itself. Manual Fill Valve: A manual connection fill valve shall be located one foot above safety release coupling approximately 4 feet from floor and shall be of a sliding/push button type for manual or automatic release. This valve shall incorporate in its design a handle which the operator may easily operate in a standing position. The attachment of collection nozzle shall not position the operator's breathing zone closer than 44 from the exhaust tailpipe. The automatic release of the connection valve shall be no greater than 3 psi shift pressure to activate the automatic nozzle deflation. The primary air supply shall be accomplished by means of compression type fittings. The regulated air supply line to collection nozzle shall be designed to safely release from the upper hose at pressure no greater than 80 lbs. Compressed Air Features: Airlines shall be 1/4" (6mm) OD tubing capable of exposure of high temperature air stream inside the ventilation hose and duct. The airlines shall be fed through the exterior of the hose and ductwork by the use of substantially airtight chrome fittings. Unless a fire station air compressor is to be utilized the bidder shall provide a quiet operating compressor to be located accessible to the vehicle bays. It shall also be located so that preventative maintenance can be performed quickly and effectively. The operation of compressor running inside station shall not generate sound decibels in excess of 80 Dba. The compressor shall be equipped with a filter/dryer and automatic drain valve to ensure the conveyance of clean dry air to the pneumatic controls incorporated in the automatic release ventilation system. Hose Saddle: A hose suspension saddle shall be fabricated of a rubber molded cushion specifically manufactured for the sole purpose of suspending high temperature exhaust ventilation hose in a rapid response and automatic release application. The design of the saddle shall smoothly transition the direction of the hose during its travel along the track. Securing clamps shall be provided including a link fastener for the purpose of mounting it to the balancer safety link. Special Features: The system must be designed to expand to a tandem vehicle arrangement (one vehicle behind the other) for future apparatus by adding to the proposed system. Systems that require replacement of the existing system or major components to meet a tandem vehicle arrangement shall not be accepted. A special emergency disconnect feature shall be provided to enable the vehicle to back off the system through a rear exit door. Unique occasions may require the emergency vehicle to depart from the back door in a drive through station. Also a malfunction of the front over -head door may force the vehicle to exit from the station outside 15804-9 the confines of normal operation. Overall system design and performance shall be for both back .in and drive-through configurations when applicable, which assures door to door coverage and collection of dangerous exhaust gases from the point of connection at the doorway. Q. Vehicle Tailpipe Modification: The bidder shall supply a drawing for the precise modification procedure for the vehicles to attach to the exhaust removal system. The modification shall vent the exhaust gases at a 90 -degree angle on the passenger side of vehicle. Tailpipe modifications requiring a 45 -degree angle of exhaust venting shall not be acceptable in order to prevent exhaust blow back into the station after the automatic release system disengages from the tailpipe. A flange shall be provided and installed on the tailpipe by the bidder as a precisely located stopping point for the collection nozzle. The manufacturer supplied adapter shall securely attach to the vehicle tailpipe. The flange shall be fabricated from 14 gauge -aluminized steel. Two sections shall be provided for simple attachment to vehicle's tailpipe. The sections shall be bolted together with four (4) 3/4" x 1-1/2" long bolts and nuts. The tailpipe modifications shall be compatible/similar to the existing truck tailpipe assemblies. All tailpipe modifications shall be provided by the Contractor. PART 3 - EXECUTION 3.01 TRAINING: A. The bidder or authorized approved personnel shall provide training to fire department personnel in the daily use and maintenance of the vehicle exhaust removal system that has been installed and specified herein. The fire department shall be notified at least 7 days prior to the date scheduled for the training course. Training shall be for all personnel involved with the operation of the exhaust removal system for all shifts required to man the particular facility. The training session shall be performed in person by a recognized representative of the manufacturer of the exhaust removal system. In addition, a training video shall be provided to the fire department. 3 02 EXHAUST PENETRATIONS: A. In all cases when making a wall penetration through masonry or concrete walls it shall be done by the use of a professional core drilling machine. The core drilling shall be properly sized to reduce the diameter of the opening to the smallest possible size. Only after all possible avenues for wall penetration are exhausted, shall the roof penetration be accepted. The original roofing contractor shall perform the work if possible to ensure existing roof warranties are not voided. If the original roofing contractor can not be notified, a licensed roofing contractor shall be used. 3.03 VEHICLE EXHAUST REMOVAL SYSTEM EQUIPMENT: -� A. Sequence of Operations: The vehicle exhaust removal system shall capture 100% of the exhaust emissions directly at the tailpipe of the vehicle and exhaust those emissions to a specified area safely outside the building. The operating controller shall be designed to complete this cycle. A pneumatically operated collection nozzle shall be connected to the motor vehicle's exhaust tailpipe. When the vehicle 15804- 10 End of Section 15804- 11 is started by the driver, the exhaust fan will automatically energize and vent the toxic gases directly to the outside of the building. This automatic feature shall be achieved by means of a pressure sensor located inside the exhaust ducting; the pressure sensor shall sense the engines output pressure upon the first stroke of the engine piston and therefore energize the fan starter. The automatic controller shall use an adjustable timer to keep the contactors energized for a designated period of time. Should the operating vehicle not exit the station within the designated preset time period, a temperature override switch shall be incorporated to override the timer relay. This override shall be achieved by means of an adjustable temperature *+ sensor located inside the exhaust ductwork. The adjustable temperature (heat) sensor shall have a range of 90-130 degrees. If the vehicle is still running inside the station longer than anticipated, the heat sensor will override the timer relay. �* The pneumatic connection device shall stay connected to the vehicle tailpipe as it travels to the exit door by means of a pre-engineered sliding track system. The sliding track shall be securely attached to the building structure and support a flexible hose assembly that moves with the vehicle inside the station. As the vehicle nears the exit door, the pneumatic nozzle connection located at the tailpipe shall release its air pressure automatically and therefore release the nozzle from the tailpipe. This shall be accomplished by means of an uncoupling valve strategically located on the sliding track. After the system releases the vehicle tailpipe at the door, it shall retract passively and smoothly into a convenient storage position. When the vehicle returns to the station, a system operator manually pulls the flexible hose assembly to the entrance door. The system operator holds the pneumatic connection device approximately 18" from the floor and at the door threshold. The system operator, without bending over, attaches the pneumatic connection device just inside the door threshold as the vehicle enters the station, at which time the exhaust fan motor energizes. The vehicle driver momentarily stops the vehicle when the tailpipe is just at the door threshold (a backup man will notify the driver when it is time to stop the vehicle). The system operator, standing straight up with the pneumatic slide valve in his left hand, shall slide the connection device up against a flanged adapter attached to the vehicle tailpipe; the operator will then inflate the pneumatic nozzle around tailpipe. The cycle is completed as the exhaust fan starts and vents the toxic gases with the pneumatic connection nozzle ,, firmly attached to the vehicle exhaust pipe. The vehicle then proceeds to its x, designated resting position. End of Section 15804- 11 SECTION 16010 - GENERAL ELECTRICAL PROVISIONS PART 1 - GENERAL 1.01 SCOPE: A. Conform with applicable provisions of the General Conditions of the Agreement. B. Furnish all labor, materials, service, equipment and appliances required to complete the installation of the complete electrical system in accordance with the specifications and contract drawings. C. Contractor shall review all other disciplines plans and specifications for additional requirements for temperature controls, motor controls, damper actuators, etc. and shall provide wiring and installation as required. D. All wiring for all systems shall be installed in conduit. E. Electrical Division Index: 16010 - General Electrical Provisions 16110 - Raceways 16120 - Conductors 16130 - Boxes and Fittings 1.02 WORK INCLUDED: A. This Contractor shall furnish all labor and materials necessary to complete all electrical and related work as shown on the drawings and/or herein specified as follows. All wiring shall be in conduit. 1. All disconnects, starters, etc. required for equipment furnished under other contracts. 1.03 REQUIREMENTS OF REGULATOR AGENCIES AND STANDARDS: A. Regulatory Agencies: Installations, materials, equipment and workmanship shall conform to the applicable provisions of the National Electrical Code (NEC), the National Electrical Safety Code (NESC), and the terms and conditions of the electrical utility and other authorities having lawful jurisdiction pertaining to the work required. All modifications required by these codes, rules, regulations and authorities shall be made by the Contractor without additional charge to the Owner. B. Underwriters' Laboratories (UL): All materials, appliances, equipment or devices shall conform to the applicable standards of Underwriters' Laboratories, Inc. The label of, or listing by, UL is required. C. Standards: Where referenced in these specifications or on the drawings, the publications and standards of the following organizations shall apply: American Society of Testing and Materials (ASTM), Institute of Electrical and Electronic Engineers (IEEE), Insulated Power Cable Engineers Association (IPCEA), National Electrical Manufacturers Association (NEMA), National Fire Protection Association (NFPA), American National Standards Institute (ANSI). 1.04 SUBMITTALS: A. Material List: As soon as possible after contract award and before material is A 16010- 1 LAQ ordered, the Contractor shall submit for approval a list of all proposed material and equipment, indicating manufacturer's name and general description. B. Shop Drawings: Submit for approval in accordance with the requirements contained in the SPECIAL PROVISIONS, a minimum of six (6) copies of all shop drawings after the material list has been approved and prior to ordering. Show complete outlines, dimensions, electrical services, control diagrams, electrical characteristics of special nature or critical to the installation, and pertinent data required for installation. Indicate in the transmittal that submittal has been reviewed and accepted and all contract deviations identified. In addition to, but not limited to, _ specific references or requests, submit shop drawings for the following applicable items: Switchboards, panelboards, lighting fixtures, transformers, alarm systems, primary cable, emergency battery units, fire alarm and security systems, underfloor duct, safety switches, motor starters, wiring devices. PART 2 - PRODUCTS 2.01 EQUIPMENT REQUIREMENTS: A. The electrical requirements for equipment specified or indicated on the drawings are based on information available at the time of design. If equipment furnished for installation has electrical requirements other than indicated on the electrical drawings, the Contractor shall make all adjustments to wire and conduit size, controls, overcurrent protection and installation as required to accommodate the equipment supplied, without additional charge to the Owner. The complete responsibility and costs for such adjustments shall be assigned to the respective section of this specification under which the equipment is furnished. 2.02 MATERIALS: A. All similar materials and equipment shall be the product of the same manufacturer. B. Where no specific material, apparatus, or appliance is mentioned, any first-class product made by a reputable manufacturer may be used, providing it conforms to the contract requirements and meets the approval of the Engineer. C. Materials and equipment shall be the standard products of manufacturers regularly engaged in the production of such material and shall be the manufacturer's current and standard design. D. Equipment affected by altitude shall perform satisfactorily the function intended at an altitude of the project site. E. Materials and equipment shall conform to the respective publications and other requirements specified below. Other materials and equipment shall be as specified elsewhere herein and as shown on the drawings, and shall be the products of manufacturers regularly engaged in the manufacture of such products. PART 3 - EXECUTION 3.01 GENERAL: A. Fabrication, erection and installation of the complete electrical system shall be done in a first class workmanlike manner by qualified personnel experienced in such work and shall proceed in an orderly manner so as not to hold up the progress of 16010-2 �., the project. The Electrical Contractor shall check all areas and surfaces where electrical equipment or material is to be installed, removed or relocated and report any unsatisfactory conditions before starting work. Commencement of work signifies this Contractor's acceptance of existing conditions. 3.02 PERFORMANCE TESTS: A. Thoroughly test all fixtures, services, and all circuits for proper operating condition f and freedom from grounds and short circuits before acceptance is requested. All equipment, appliances, and devices shall be operated under load conditions. B. After the interior -wiring system installation is complete and at such time as the Engineer may direct, conduct operating tests for approval. When requested, test all the wire, cable, devices, and equipment after installation, to assure that all material continues to possess all the original characteristics as required by governing codes and standards listed in these specifications. C. Prior to acceptance or beneficial occupancy, establish nominal building power loads and record voltage readings at all panelboards. Based on these readings make final adjustments of tap changers on all transformers in the building electrical system to comply with specifications and equipment installed. D. Perform such other tests as required by other sections of these specifications or as requested to prove acceptability. 3.03 OPERATING INSTRUCTIONS AND MANUALS: A. Instructions: Without additional charge to the Owner, furnish competent instruction to the. Owner in the care, adjustment and operation of all parts of the electrical equipment and systems. B. Manuals: Upon completion of the work, prepare and deliver to the Engineer two (2) sets of complete operating and maintenance manuals for the systems and major equipment installed. Include catalog data, shop drawings, wiring diagrams, performance curves and rating data, spare parts lists, and manufacturer's operating and maintenance data. C. Other: The above requirements are in addition to specific instructions and manuals specified for individual systems or equipment. 3.04 IDENTIFICATION AND SIGNS: A. Mark each individual motor controller, disconnect switch, transformer, and remote control device to identify each item with its respective service. Provide engraved phenolic nameplates in finished area. B. Provide nameplates with engraved lettering not less than 3/8 inch high where specified. In general, use white core laminated plastic. C. Identify panelboards, motor control centers, switchboards, and cabinets by nameplates with descriptions indicated on the drawings together with indication of location of the feeder overcurrent protection. Install on outside of hinged doors of panelboards and cabinets. 3.05 RECORD DRAWINGS: A. Provide record drawings showing the "as -built" condition of all electrical work. Information shall include but not be limited to indicating: 16010-3 1. All floor outlets. 2. All conduit runs including size installed. 3. All stub -up locations of conduits in floor routed up columns or walls. 4. Locations and sizes of all junction and pull boxes. B. This drawing shall be a mylar sepia of the power plans. 3.06 WORKMANSHIP: A. All work shall be executed in a workmanlike manner and shall present a neat and mechanical appearance upon completion. All mechanics shall be capable experienced electricians. _ B. Panels and cutout boxes shall be properly supported from the building construction. Boxes shall be set plumb and at height best suited for adequate operation. Wiring troughs and barriers shall be as required by the National Electric Code as amended to date. C. Symbols on drawings are approximately correct, but care shall be taken that all fixture outlets are symmetrical on spaces, ceiling panels, bays or rooms, and all switch outlets are on the strike side of doors. D. Outlets may be varied slighting in location either horizontally or vertically by the Owner before installation. Outlets for special equipment shall be located and verified on the job before final rough -in is made. E. All flush outlet boxes shall be set so that edge of cover comes flush with finished surface. Outlet boxes shall be of a suitable size and construction to serve the purpose properly. F. There shall be no more knockouts opened in any outlet box than are actually required. G. Outlet boxes shall be provided in all cases with proper supports for fixtures. H. All wires shall be polarized. No joints or taps in feeders will be permitted under any condition. I. Joints in branch circuits shall occur only where such circuits divide, and shall then consist of one (1) through circuit, to which shall be spliced the branch from this circuit. J. Wire and cable connectors shall be solderless, mechanical type. Connectors for conductors 98 AWG and smaller shall be Buchanan Electrical Products copper squeeze -on type with molded rubber or vinyl cap, Minnesota Mining and Manufacturing Co. Scotchlock, or Ideal Industries Super -Nut spring connector with molded vinyl cap. K. Conduits shall be of such size and shall be so installed that the required conductors may be drawn in without injury or excessive stain. Powdered soapstone only may be used as a lubricant where necessary. Sizes of conduits shall be in accordance with National Code tables. Flexible metal conduit may be used for final connec- tions to motors, etc., but shall not be over 48" in total length from outlet box to motor. Waterproof flexible conduit may be used in exterior locations. Connectors for conductors larger than #8 AWG shall be mechanical bolted type, insulated with clamp -on molded covers or vinyl plastic tape. The manufacturer shall be O.Z. Electrical Manufacturing Co., or Burndy Engineering Company. Flexible conduit smaller than 1/2" diameter shall not be permitted to be used. 16010-4 L. Where conduits enter boxes they shall be secured in place by galvanized locknuts and bushings. Conduit ends shall be carefully plugged during construction. M. Conduits, except those which are vertical for their entire length, and except conduits connecting ceiling outlets together, shall have a drag consisting of a number of tight fitting rubber washers drawn through before wires are pulled in. End of Section 16010 - 5 SECTION 16110 - RACEWAYS PART 1 -GENERAL 1.01 REQUIREMENTS: A. Conform with applicable provisions of the General Conditions of the Agreement. 1.02 RELATED WORK 1N OTHER SECTIONS: A. General Electrical Provisions - Section 16010 PART 2 - PRODUCTS 2.01 CONDUITS: A. Rigid Steel Conduit: Rigid, threaded, thick -wall, zinc -coated on the outside and either zinc -coated or coated with an approved corrosion -resistant coating on the inside. B. Intermediate Metal Conduit (IMC): Rigid, threaded, lightweight steel zinc -coated on the outside and either zinc -coated or coated with an approved corrosion -resistant coating on the inside. C. Electrical Metallic Tubing (EMT): Mild steel, zinc -coated on the outside and either zinc -coated or coated with an approved corrosion -resistant coating on the inside. D. Flexible Conduit: Commercial Greenfield, galvanized steel, with a separate grounding bond wire installed in the conduit in addition to other wires. E. Liquid -Tight Flexible Conduit: Flexible galvanized steel tubing with extruded liquid -tight PVC outer jacket and a continuous copper bonding conductor wound spirally between the convolutions. Where a separate grounding conductor is installed in the conduit, bonding conductor in the conductor in the convolutions may be omitted. F. Conduit Size: Minimum conduit size 112 inch except where specifically approved for equipment connections. Sizes shall be as noted on the drawings and where not noted sizes shall be as required by the NEC. 2.02 CONDUIT FITTINGS: A. Rigid Steel Conduit, IMC, and EMT Fittings: Iron or steel. Cast fittings may be used. B. Flexible Conduit Fittings (Commercial Greenfield): Either steel or malleable iron only, with insulated throats, and shall be of one of the following types: 1. Wedge and screw type with angular wedge fittings between the convolutions of the conduit. 2. Squeeze or clamp type with bearing surface contoured to wrap around the " `conduit and clamped by one or more screws. 3. Steel, multiple point type, for threading into internal wall of the conduit convolutions. C. Liquid -Tight Flexible Conduit Fittings: With threaded grounding cone, a steel, nylon or equal plastic compression ring, and a gland for tightening. Gland shall be r ii 16110 1 either steel or malleable iron only with insulated throats and mall thread and lockout or male bushing with or without "O" ring seal. Each connector shall provide a low resistance ground connection between the flexible conduit and the outlet box, conduit or other equipment to which it is connected. D. Connectors and couplings: Compression type threadless fittings for rigid steel conduit or IMC permitted. Set screw type fittings for rigid aluminum conduit not permitted. Steel set screw connectors and couplings permitted for special conditions when approved. EMT couplings and connectors either steel, malleable iron, or cast fittings. "Concrete -tight" or "Rain -tight", and either the gland and ring compression type or the stainless steel multiple point locking type. Connectors to have insulated throats. EMT fittings may be die cast compression fittings. E. Bushings: Insulated type, designed to prevent abrasion of wires without impairing the continuity of the conduit grounding system, for rigid steel conduit, IMC, and rigid aluminum conduit larger than 1/2 inch size. F. Expansion Fittings: Each conduit that is buried in or rigidly secured to the buildings construction on opposite sides of a building expansion joint and each long run of exposed conduit that may be subject to excessive stresses shall be provided with an expansion fitting. Expansion fittings shall be hot -dipped Qalvanized malleable iron with factory installed packing and a grounding ring. G. Sealing Fittings: Threaded, zinc or cadmium coated, cast or malleable iron type for steel conduits and threaded cast aluminum type for aluminum conduits. Fittings used to prevent passage of water vapor shall be of the continuous drain type. PART 3 - EXECUTION 3.01 CONDUIT INSTALLATION: A. Conduit Systems: Rigid steel conduit, IMC, or EMT unless otherwise specified. Aluminum conduit is not permitted. B. EMT: Not permitted underground nor embedded in concrete. C. Flexible Conduits: Use flexible conduit for lights, motor or equipment connections and then only to the extent of minimum lengths required for connections. Install flexible conduit connections at all resilient -mounted equipment. Provide liquid -tight flexible conduit in exterior, wet or damp locations and for connections to wet -pipe mechanical systems. D. Conduit in Concrete: Rigid steel conduit, or rigid non-metallic conduit may be embedded in concrete providing the outside diameter does not exceed one-third the thickness of the concrete slab, wall, or beam, is located entirely within the center third of the member, and lateral spacing of conduits is not less than three diameters. E. Steel Conduit in Ground: Rigid steel conduit, that is not completely encased in concrete but is in contact with ground or on a vapor barrier, shall be wrapped in Scotchap 51 half -lapped, or shall have an additional outside factory coating of polyvinyl chloride with a minimum coat thickness of 20 mils. Other PVC of Phenolic -resin -epoxy coating material which is equally flexible and chemically resistant may be used providing approval by the Engineer is obtained prior to installation. F. Exposed Conduits: Install exposed conduit systems parallel to or at right angles to the lines of the building. Right angle bends in exposed runs shall be made with 16110-2 0 w 3.02 CONDUIT SUPPORTS: standard elbows, screw jointed conduit fittings or conduit bent to radii not less than Supports: Provide supports for horizontal steel conduits and EMT as required by those of standard elbows. the National Electrical Code, including runs above suspended ceilings. In suspended G. Concealed Conduits: install conduit systems concealed where possible unless ceiling construction, only lighting system branch circuit raceways shall be fastened otherwise noted. Conduit systems may be exposed in unfinished utility areas, to the ceiling supports. No supports shall be permitted from metal roof decks. ceiling cavities, and where specifically approved by the Engineer. Install concealed Straps: Install one -hole pipe straps on conduits 1-1/2 inch or smaller. Install conduit systems in as direct lines as possible. individual pipe hangers for conduits larger than 1-1/2 inch. Spring steel fasteners H. Exterior Underground Conduit: Galvanized rigid steel conduit, wrapped as above, with hanger rods may be used in dry locations in lieu of pipe straps. shall be used for all circuits outside the building slab. Conduit shall be buried a Trapezes: Install multiple (trapeze) pipe hangers where two or more horizontal minimum of 2'-6" below finished grade. Concrete encased PVC conduit may be conduits or EMT run parallel and at the same elevation. Secure each conduit or used for all conductors except the service entrance secondary. EMT to the horizontal hanger member by a U -bolt, one -hole strap or other specially L Conduit Bends: In any conduit or EMT run the number of quarter bends or designed and approved fastener. equivalent between terminations at cabinets or boxes shall not exceed four (4) bends Hanger Rods: Install 3/16 inch diameter or larger steel rods for trapezes, spring for conduits up to 1-1/4 inch, three (3) bends for 1-1/2 to 2-1/2 inch conduits, and steel fasteners, clips and clamps. Wire or perforated strapping shall not be used for two (2) bends for 3- to 4 -inch conduits. Conduits run between cabinets or boxes the support of any conduit, EMT or light fixtures in open ceiling areas. shall not exceed 100 feet for straight runs nor 100 feet for runs with maximum Fastening: Fasten pipe straps and hanger rods to concrete by means of inserts or number of bends. Bends in telephone feeder conduits shall be long -radius. expansion bolts, to brickwork by means of expansion bolts, and to hollow masonry J. Conduit Openings: Protect all vertical runs of conduits EMT terminating in the by means of toggle bolts. Wooden plugs and shields shall not be used. Power - bottoms of boxes or cabinets, etc., from the entrance of foreign material prior to driven fasteners may be used to attach pipe straps and hanger rods to concrete installation of conductors. a K. Sealing Fittings: Install where required by the NEC, where conduits pass from All conduits not embedded in concrete shall be firmly secured by means of pipe warm to cold locations, and where otherwise indicated. L. Sleeves for Conduit: Install sleeves for conduit where shown or as required. Conduit sleeves not used shall be plugged with recessed type plugs. Sleeve all conduit passing through walls. Sleeves that are used shall be caulked tight with lead yam. w 3.02 CONDUIT SUPPORTS: A. Supports: Provide supports for horizontal steel conduits and EMT as required by the National Electrical Code, including runs above suspended ceilings. In suspended ceiling construction, only lighting system branch circuit raceways shall be fastened to the ceiling supports. No supports shall be permitted from metal roof decks. B. Straps: Install one -hole pipe straps on conduits 1-1/2 inch or smaller. Install individual pipe hangers for conduits larger than 1-1/2 inch. Spring steel fasteners with hanger rods may be used in dry locations in lieu of pipe straps. C. Trapezes: Install multiple (trapeze) pipe hangers where two or more horizontal conduits or EMT run parallel and at the same elevation. Secure each conduit or EMT to the horizontal hanger member by a U -bolt, one -hole strap or other specially designed and approved fastener. D. Hanger Rods: Install 3/16 inch diameter or larger steel rods for trapezes, spring steel fasteners, clips and clamps. Wire or perforated strapping shall not be used for the support of any conduit, EMT or light fixtures in open ceiling areas. E. Fastening: Fasten pipe straps and hanger rods to concrete by means of inserts or expansion bolts, to brickwork by means of expansion bolts, and to hollow masonry by means of toggle bolts. Wooden plugs and shields shall not be used. Power - driven fasteners may be used to attach pipe straps and hanger rods to concrete where approved by the Engineer. F. All conduits not embedded in concrete shall be firmly secured by means of pipe 16110-3 clamps,hangers, etc., equal to Caddy Fasteners of ERICO Products,Inc. Wire wrapped around conduits and supporting members will not be acceptable. 3.03 IDENTIFICATION: A. Contractor shall furnish as -built drawings showing routing and/or terminations of all conduit and boxes run into floor and from underfloor into wall or above ceiling terminations. 3.04 CLOSING OF OPENINGS: A. Wherever slots, sleeves or other openings are provided in floors or walls for the passage of conduits or other forms of raceway, including bus ducts, such openings, if unused, or the spaces left in such openings, shall be filled or closed in a manner approved by the Engineer. End of Section 16110-4 SECTION 16120 - CONDUCTORS PART 1 -GENERAL 1.01 REQUIREMENTS: A. Conform with applicable provisions of the General Conditions of the Agreement. 1.02 RELATED WORK IN OTHER SECTIONS: A. General Electrical Provisions - Section 16010 PART 2 - PRODUCTS 2.01 WIRES AND CABLES (600 VOLTS): A. Type: Conform to the applicable UL and IPCEA Standards for the use intended. Copper conductors with 600 volt insulation. Stranded conductors for No. 8 AWG and larger. Aluminum conductors shall not be permitted. B. Insulation: Type THHN insulation minimum unless otherwise specified or noted on the drawings. Type THIN minimum cross-linked polyethylene 90 degrees C thermosetting insulation for conductors No. 8 or larger. 90 degrees C minimum insulation within fixture wireways of fluorescent fixtures, Type RF -2 or TF commercial fixture wire, No. 16 AWG may be used for Class 2 remote control and signal circuits. C. Size: No. 12 AWG minimum unless otherwise specified or noted on the drawings. Not less than NEC requirements for the system to be installed. Conductors for trench circuits of 120 volts, or more than 100 feet long from panel to load center, shall be No. 10 AWG. Class 1 remote control and signal circuit conductors shall not be less than No. 14 AWG. Class 2 low energy remote control and signal circuits conductors shall be not less than No. 16 AWG. If Contractor furnishes other than specified equipment, it shall be his responsibility to furnish proper size conduit and conductors as required without additional cost to the Owner. D. Conductors shall be color coded as follows: 120/208V Phase A Black Phase B Red Phase C Blue Neutral White Ground Green Connect all conductors of the same color to the same phase conductor. Conductors No. 12 and 10 shall be solid color compound for the entire length. Conductor sizes larger than No. 10 may be color coded at each termination and in each box or enclosure with 6 inches of half -lapped 3/4 inch pressure -sensitive, plastic tape of respective colors in lieu of solid color compound. 2.02 COMMUNICATION AND ELECTRONIC CABLE: A. Foil shielded twisted pair cable shall be stranded equal to Belden "Belfoil", sized as required. 16120- 1 E -Ma B. Unless otherwise noted, co -axial cable shall be Belden RG -59, 20 AWG. C. As required or specified in the section of these specifications specifying the equipment. Cable shall be continuous from backboards or panels to outlets or other termination points without splices. 2.03 VERTICAL CABLE SUPPORTS: A. Split wedge type supports which clamp each individual conductor and tightens due to weight of the cable shall be used for cables without metallic sheath. Basket weave type supports shall be used for tables with metallic sheath. 2.04 CONNECTORS AND LUGS: A. For Copper Conductors No. 6 and smaller: 3M Scotch -Lok or T&B Sta-Kon compression or indent type connectors with integral or separate insulating caps. B. For Copper Conductors Larger than No. 6: Solderless, indent, hex screw, or bolt - type pressure connectors, properly taped or insulated. 2.05 TAPE: A. Plastic tape, 8.5 mils minimum thickness, 1,000,000 megohms minimum insulation resistance, oil -resistant vinyl backing, oil -resistant acrylic adhesive, incapable of supporting combustion pet ASTM D-568 Test Method B. PART 3 - EXECUTION 3.01 WIRE AND CABLE TESTS (600 VOLTS): A. Measure the insulating resistance of service entrance conductors, feeder circuit conductors, and service ground. Measurements shall be taken between conductors and between conductors and ground. Resistance shall be 1,000,000 ohms or more when tested at 500 volts by meter without branch circuit loads. Tests and procedures shall meet the approval of the Engineer, and shall be in accordance with the applicable IPCEA Standards for the wires and cables to be installed. Furnish all instruments, equipment and personnel required for testing, and conduct tests in presence of the Engineer. Submit written reports of the tests and results shall be furnished to the Engineer. 3.02 SPLICES (600 VOLTS AND UNDER): A. Permitted only at outlets or accessible enclosures. Conductor lengths shall be continuous from termination to termination without splices unless approved by the Engineer. 3.03 WIRE PULLING: A. Preparation: Completely and thoroughly swab raceway before installing wire. Pull no conductors into conduits until all work of a nature which may cause injury to conductors is completed. B. Pulling Lines: Provide suitable installation equipment for pulling conductors into raceways or conduits. Use ropes of polyethylene, nylon or other suitable material to pull in conductors. Attach pulling lines to conductors by means of woven basket grips or by pulling eyes attached directly to conductors. 16120-2 6.i C. Multiple Wires In A Raceway: All conductors to be installed in a single conduit shall be pulled in simultaneously. D. Cable Lubricant: Use an Underwriters Laboratories listed cable pulling compound ,. for building wire No. 4 and larger. All cable lubricants shall be UL listed, and shall be certified by their manufacturer to be non -injurious to the insulation on which they are used. E. Existing Conduit: Remove existing wire from raceway before pulling in new conductors. 3.04 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER): A. General: Install conductors as indicated, according to manufacturer's written instructions and the NECA "Standard of Installation." B. Feeders: Run all feeders their entire length in continuous pieces without joints or splices, insofar as practicable. Make joints in branch circuits only where circuits divide as shown on drawings. Such joints shall consist of one through circuit to C. which shall be spliced the tap circuit. Branch Circuits: Not more than one power or lighting circuit shall be installed in a single conduit, except that one 3 -wire circuit or one 4 -wire circuit consisting of 2 different phase wires and a common neutral or 3 different phase wires and a common neutral may be installed in a single conduit. This provision shall not the installation in a single conduit of all conductors of a circuit with three - prohibit D. and four-way switching. Dedicated Neutrals: Where indicated on the drawings, branch circuits shall be E. installed with dedicated neutrals in a single conduit. Wiring At Outlets and Switches: Install with at least 12 inches of slack conductor F. at each outlet and wall switch. Terminations: Connect outlets and components to wiring and to ground as indicated and instructed by manufacturer. Tighten connectors and terminals, including screws and bolts, according to equipment manufacturer's published torque -tightening values G. or as specified in UL Standard 486A. Sizes: No wire shall be smaller than No. 12 except for signal or control circuits, and except for individual lighting fixture taps as permitted by the National Electrical H. Code. Receptacle and Motor Branch Circuits: No. 12 conductors unless noted or I. scheduled otherwise. Home Runs On 120 Volt, 20 Ampere Lighting Branch Circuits: Where length of run from panelboard to first lighting outlet exceeds 75 feet, use No. 10 conductors; J. otherwise use No. 12 conductors. Home Runs on 277 Volt, 20 Ampere Lighting Branch Circuits: Where length of run from panelboard to first lighting outlet exceeds 175 feet, use No. 10 conductors; K. otherwise use No. 12 conductors. Different Voltages In Same Raceway: Power and lighting circuits of different system voltages (e.g., 208YI120 and 480Y1277 volts) shall not occupy the same L. conduit. Emergency Lighting and Powered Conductors: Run in conduits separate from all M. other wiring. Joints and Splices: Make joints and splices only where necessary and only at outlet 16120-3 boxes and pull boxes. All joints shall be mechanically and electrically secure. After a joint or splice is complete, insulate it with rubber tape, and friction tape to make the insulation of the joint or splice equal to that of the conductor. In lieu of this, vinyl plastic tape may be used if applied in at least four layers (half lapped in two directions), with all larger splices, terminals, sharp corners and voids being first protected by application of insulating putty. N. Wet Locations: Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. O. Identifying Tags: Non-ferrous; stamped to clearly identify each circuit. Securely fasten tags to all cables, feeders and power circuits in pull boxes, lighting, power and distribution panelboards, etc. P. Bundling Conductors: Bundle all conductors in panelboards, cabinets and the like, using marlin twine lacing or nylon straps made for the purpose. Bundle conductors larger than No. 10 in individual circuits. Bundle smaller conductors in larger groups. Q. Cable Supports and Boxes: Install cable supports and boxes for all vertical conductors in accordance with National Electrical Code requirements. Boxes shall be of heavy galvanized steel plate construction, not less than No. 10 USS gauge, riveted to an angle iron frame. Removable box covers shall be secured with corrosion -resistant screws. For cables without a metallic sheath, cable supports shall be of the split wedge type which clamps each conductor firmly and tightens due to the weight of cable. For cables with metallic sheath, a basket weave or equal type of support shall be provided as approved by the cable manufacturer. End of Section 16120-4 r0 "" SECTION 16130 - BOXES AND FITTINGS PART 1 -GENERAL 1.01 REQUIREMENTS: A. Conform with applicable provisions of the General Conditions of the Agreement. 1.02 RELATED WORK IN OTHER SECTIONS: A. General Electrical Provisions - Section 16010 PART 2 - PRODUCTS 2.01 OUTLET BOXES: A. Construction: Zinc -coated or cadmium plated sheet steel boxes of a class to satisfy the condition at each outlet except where unlet or condulet bodies are required. Knockout type with knockouts removed only where necessary to accommodate the conduit entering. Square cornered, straight sided gang boxes, 4 inch octagon concrete rings and 4 inch octagon hung ceiling boxes with bars may be folded type; one-piece deep -drawn type for all other boxes. B. Size: To accommodate the required number and sizes of conduits, wires and splices in accordance with NEC requirements, but not smaller than size shown or specified. Standard concrete type boxes not to exceed 6 inches deep except where necessary to permit entrance of conduits into sides of boxes without interference with reinforcing bars. Special purpose boxes shall be sized for the device or application intended. C. Exposed: Screw joint type, with gasketed weatherproof covers in locations exposed to the weather. D. Grounding Terminal: Provide a grounding terminal in each box containing a green equipment ground conductor, for serving motors, lighting fixtures, or receptacles. Grounding terminal shall be green -colored washer -in -hand machine screw or grounding bushing. 2.02 PULL BOXES: A. Minimum NEC requirements unless larger box is noted. Pull boxes with internal volume not more than 150 cubic inches shall be as specified for outlet boxes with blank covers. Pull boxes with internal volume over 150 cubic inches shall be as specified for cabinets except covers shall be same thickness as box and shall have corrosion -resistant screws or bolt attachments. PART 3 - EXECUTION 3.01 OUTLET BOXES: A. Installation: Unless otherwise specified or shown on the drawings, outlet boxes shall be flush mounted and the front edges of the boxes or plaster covers shall be flush with the finished wall or ceiling line, or, if installed in walls and ceilings of incombustible construction, not more than 1l4 inch back of same. Mount boxes 16130- 1 .: with the long axes of devices vertical, unless otherwise specified. Boxes in plastered walls and ceilings shall be provided with plaster covers. A multiple of box extensions and/or covers will not be permitted. Install in a rigid and satisfactory manner with suitable metal bar hangers, box cleats, adjustable box hangers, etc. Use wood screws on woods, expansion shields on masonry and machine screws on steel work. B. Mounting Heights: The mounting height of a wall -mounted outlet box shall be construed to mean the height from the finished floor to the horizontal center line of the cover plate. On exposed tile, block, or brick construction mount outlet boxes at the nearest bed joint in the mounting height indicated. Verify with Architect. 3.02 PULL BOXES: A. Provide additional pull boxes wherever necessary to meet requirements for maximum lengths of conduit runs and maximum numbers of bends as specified under Conduit and Fittings. End of Section 16130 -2