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HomeMy WebLinkAboutResolution - 2016-R0107 - Teche Contracting - 03/24/2016Resolution No.2016-R0107 Item No.6.16 March 24,2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayorof the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock,Contract No.12664 for the purchase and installation of an Emergency Generator at the Lubbock Business Center,by and between the City of Lubbock and Teche Contracting, LLC,of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on March 24r 2016 GLEN^C/ROBEkTSON,MAYOR ATTEST: /i)^>s ^c Rebe/cca Garza,City Secretary APPROVED AS TO CONTENT: cS Ly ^ Mark Ye^rwood?Assistant CityManager APPROVED AS TO FORM: ccdocs/RES.Contract 12664 -Teche Contracting,LLC -Emergency Generator February 18,2016 CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 6 it there are interested parties. Complete Nos. 1. 2. 3. 5. and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of business. Teche Contracting, LLC Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the i being filed. City of Lubbock 3 Provide the Identification number used by description of the goods or services to be 16-12664-3M Install Emergency Generator FORM Z2955 left OFFICE USE ONLY CERTIFICATION OF FILING :enlficate Number: Date Acknowledged: nmental entity or state agency to track or identity the contract, and provide a under the contract. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicab Controlling Intermediary Dennis ECht San Antonio, Texas - Bexar X 5 Check only if there is NO interested Parry. Q 6 AFFIDAVIT I swear, or affirm er penary of perjury, that the above disclosure is uue and corrert. GENICE NntnryPublic Stato f Texas Comm. Expires 11. 13-2016"Signature d aulhonzed 'agent of conlraclmg husmess enhty AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me, by the sad n n k5 - A T . this the r3 day 20 / . to certify which. witness my hand and seal of office. ature of oKcer administerin oath Printed name of officer administering oath Title of officer ministering oath :orms provided by Texas Ethics Commission wvxv.ethics.state.tx.us Version V1.07 ��.f� CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1. 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-18357 Date Filed: 02/25/2016 Date Acknowledged: 02/26/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Teche Contracting, LLC Antonio, TX United States 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract 16-12664-JM Install Emergency Generator 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Parry. ❑ 6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 �o f 6 - � o (p-� ►�.� bbo6k ADDENDUM 1 Engineer's Addendum No. 1 RFP 16-12664-JM Lubbock Business Center Emergency Generator TEXAS DATE ISSUED: January 29, 2016 CLOSE DATE: February 2, 2016 3:00 P.M. CST The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please review, incorporate, and acknowledge the information in this addendum on the signature page of the Proposal Submittal Form. Engineer's Addendum No. 1: Modifications to the Project Specifications and Drawings 1. Per Engineer's Addendum No. 1, the following item shall be incorporated into the Project Drawings and Specifications. The Engineers Addendum No. 1 is attached to this document. a. Electrical Items: i. Item 1: On drawing E2 keyed note 9, there shall be a two pole, 600V, 60A, fused disconnect in Nema 3R enclosure added to the wall next to the 1600A enclosed circuit breaker. The feeder for the generator load center shall be terminated on the primary side of the 1600A breaker as stated. The feeders shall then run through though the 60A fused disconnect prior to terminating at the generator load center. The Contractor shall provide time delay fuses for the disconnect. Provide a 3/" copper ground rod with a #8 wire for the 60A disconnect switch. The ground for the 60A switch shall be bonded to the ground for the 1600A enclosed breaker. All requests for additional information or clarification must be submitted in writing and directed to Juan Mendez, Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to JMendez(a,mylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, �*6,;ft V i 4if CITY OF LUBBOCK Juan Mendez Buyer City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Management if any Ian uage, requirements, etc.. or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. DATE ( CERTIFICATE OF LIABILITY INSURANCE 5/9/2016) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lisa Tafolla NAME: Harding-Conley-Drawert-Tinch Ins. Agency, Inc. PHONE IN E,ti-(210) 647-0134 AAA No: (210)647-0130 AIC2161 N.W. Military Hwy., #210 EMAIL ADDRESS: lisa@hcdtbond.com INSURERS) AFFORDING COVERAGE NAIC_N _ San Antonio TX 78213 wsuRERA:Scottsdale Insurance Cogpan _ INSURED INSURER B Hartford Accident & Indemnit _ __ Teche Contracting LLC INSURERc Torus National Insurance 1141 N Loop 1604 E INSURERD:Texas Mutual Insurance Compaq #105-500 INSURER E:______________ _ _ — San Antonio TX 78232 INSURER F: CnVFRAGFS CFRTIFICATF NI IMRFR•15/16 w/1 6-1 7 r--mmn Dcvlclnnr nn tnnQr-D• THIS !S TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR E TYPE OF INSURANCE LTR !. ADDLTSUERR I WVDI POLICY NUMBER POLICY EFF MMIDDIYYYY) POLICY EXP (MMIDDIYYYYI - - LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE [OCCUR CPS2250974 8/1/2015 8/1/2016 DAMAGE TO RENTED PREMISES Ea occurrence — S 100,000 MED EXP(Any one person) $ 5,000 PERSONAL & ADV INJURY S 1,000,000 GENERALAGGREGATE " S 2,000,000 I -COMPIOPAGG F_2?'�C_Ts $ 2,000,000 j.GENi AGGREGATE: -iMiT APPLIES PER It X s,nL ICY �� e rRO. { i L^C S i $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accidentj-___-- $ 1, 000, 000 BODILY INJURY (Per person) B CV f AUTO CWNE(: X AU61 ,)ND 1 T^S _ iLTCS ! X j{ 1 NON OWNED f 2r U ALIT CS , AUT„S I ( ' 65UECZR2057 8/1/2015 ! I I 8/1/2016 S S S HODir Y INJURY (Per accident} PROPERTY C)!<MAGC--_.._ for accident I f $ i UMBRELLA LIABi , X OCCUR I i EACH OCCURRENCE S 2,000,000 EXCESS LIAR C� X Y � CLA3MS-MADE "Rc.� :NSION$ ).:U I 7532K150ALI I 8/1/2015 � 8/1/2016 AGGREGATE S 2 000, 000 S D I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY 2OPRETO I PARTNER EXE^.UTiVE r j OFr1 I WIEMBL 2 EXCLUDr D7 N (Mandatory in NH) ---- it yes aescribe under-- NIA ii I I BP0001232803 1/20/2016 1/20/2017 X WC STATU- OTH- E.L. EACH ACCIDENT S 11000,000 _—______ E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1 , 000, 000 DESC R!PTION CL OPERATIONS below I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Contract #12664 - Lubbock Business Center Emergency Generator CERIIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lubbock ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 2000, Room 204 Lubbock, TX 79457 AUTHORIZED REPRESENTATIVE M Christensen/LISA ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS076 rs +nr.�i n+ Tho Ar..r1Rrt nnma and Innn — ranictarar) mar4c of Ar r1RIl �0107►y1IT, i: Ikik&f1:74 ►, _ : . The General Liability policy contains the following endosements: Additional Insured naming the City of Lubbock, Primary and Non -Contributory and Waiver of subrogation only when there is a contract between the named insured and the certificate holder that requires such status. [FREMARK COPYRIGHT 2000, AMS SERVICES INC. POLICY NUMBER: CPs2250974 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Covered Operations CITY OF LUBBOCK PO BOX 2000, ROOM 204, ICUBBOCK, TX 79457 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section If - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "prop- erty damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "prod- ucts -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED cg20370413. fap COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ?ERIMARY AND NONCONTRIBUTORY OTHER INSURANCE• • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condi- tion and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED POLICY NUMBER: CPS2250974 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER •. TRANSFERRIGHTS OF RECOVERIT AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1 INSURED cg2404a . fap Texasmutuar WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Insurance Company WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. SBP-0001232803 20160120 of the Texas Mutual Insurance Company Issued to TECHE CONTRACTING LLC Premium $ NCCI Carrier Code 29939 WC420304B (ED. 6-01-2014) Endorsement No. Authorized Representative AGENT'S COPY MAMERCAD 1-15-2016 W COMMERCIAL AUTOMOBILE COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM POLICY NUMBER: 65 UEC ZR2057 This COMMERCIAL AUTOMOBILE COVERAGE PART consists of: A. This Declarations Form; B. Business Auto Coverage Form; and C. Any Endorsements issued to be a part of this Coverage Form and listed below. ITEM ONE - NAMED INSURED AND ADDRESS The Named Insured is stated on the Common Policy Declarations. AUDIT PERIOD: HE!X ARTFORD ADVANCE PREMIUM: $ 1,298.00 Except in this Declarations, when we use the word "Declarations" in this Coverage Part, we mean this "Declarations" or the "Common Policy Declarations". Form Numbers of Coverage Forms, Endorsements and Schedules that are part of this Coverage Part: HA00040302 HAO0121102T CA00011013 CA01961013 HAO0240614 HA99080614 HA99160312 Form HA 00 25 06 14 Page 1 of 4 © 2014, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) COMMERCIAL AUTOMOBILE HA 99 16 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORIV ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another insurance by the method described in person or organization be added as an Other Insurance 5.d. additional insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other In addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no 'suit" duty to defend the insured against any if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this Insurance is excess over other indemnity. Insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self -insured Suit or Loss amounts under all that other insurance. We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" Is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage Is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto'; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or O 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto`s" operating system. b. Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.if the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the Internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condi- (2) You have agreed in writing in a contract or tion and supersedes any provision to the contrary: agreement that this insurance would be pri- Primary And Noncontributory Insurance mary and would not seek contribution from any other insurance available to the additional This insurance is primary to and will not seek con- insured. tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 1 INSUR$0 POLICY NUMBER: CPS2250974 COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY Pt�-RSON OR OROANIATION WITH WHOM TSIE INSORr•,D HAS AGIZEED 'rO WAIVE RIGHT'S OR RECOVERY, PROVIDED SCICH AGREEMENT IS MADE IN WRITING AND PRIOR TO TI-TV, LOSS. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right or recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations oi- 1, your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1 I NS IrR 8D cg2404a. fap Oxr mutu� O WORKERS' COMPENSATION AND EMPLOYERS xas LIABILITY INSURANCE POLICY InsuranceCompanyWC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A, of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. S8P-0001232803 20160120 of the Texas Mutual Insurance Company Issued to TECHE CONTRACTING LLC Endorsement No. Premium $ ,/%_ , NCCI Carrier Code 29939 f I �(/ Authorized Representative VJC4203046 (ED. 6-01-2014) AGENT'S COPY MAMERCAD 1-15-2016 LUBBOCK POWER AND LIGHT GENERATOR ADDITION LUBBOCK, TEXAS Chambers Engineering, LLC Mechanical & Electrical Consulting Engineers TX Firm #F-005124 5501 Spur 327 Lubbock, Texas 79424 ADDENDUM NUMBER 001 January 28, 2016 NOTICE TO BIDDERS: The following shall be incorporated in and become a part of the original Drawings and Specifications of the above identified project. Please acknowledge receipt of this Addendum by noting it on your Proposal. Electrical Items: Item 1. On drawing E2 keyed note 9, there shall be a two pole, 600V, 60A, fused disconnect in Nema 313 enclosure added to the wall next to the 1600A enclosed circuit breaker. The feeder for the generator load center shall be terminated on the primary side of the 1600A breaker as stated. The feeders shall then run through though the 60A fused disconnect prior to terminating at the generator load center. The Contractor shall provide time delay fuses for the disconnect. Provide a 3/a" copper ground rod with a #8 wire for the 60A disconnect switch. The ground for the 60A switch shall be bonded to the ground for the 1600A enclosed breaker. End of Chambers Engineering, LLC Addendum OF Ti9ijl ........................ I........... BOBBY D. LITTLE .aa/16 MPE Addendum - Page 1 of 1 ( City of Lubbock r Bid RFP 16-12664-JM City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 16-12664-JM Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original coov of every item listed. 1. x Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. X Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. X Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. X Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. X Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. X Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. X Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. x Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED BEFORE CONTRACT IS FINALIZED• 10. Please acknowledge and submit the ONLINE DISCLOSURE OF INTERESTED PARTIES FORM 1295 within the specified time according to Texas Government Code 2252.908 using the Texas Ethics Commission website. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. Teche Contracting, LLC (Type or Print Company Name) 1/13/2016 12:37 PM P. 5 PAGE INTENTIONALLY LEFT BLANK 1. 2. 3. . 4. 5. _ . 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS GOVERNMENT CODE § 2269 PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. LUMP SUM PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 DISCLOSURE OF INTERESTED PARTIES FORM §2252.908 GENERAL CONDITIONS OF THE AGREEMENT DAVIS-BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS PAGE INTENTIONALLY LEFT BLANK NOTICE TO OFFERORS PAGE INTENTIONALLY LEFT BLANK NOTICE TO OFFERORS f _ RFP 16-12664-JM Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 pm on February 2, 2016, 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: Lubbock Business Center Emergency Generator After the expiration of the time and date above first written, said sealed proposals will be opened in the Purchasing Conference Room 204 of City Hall and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, Room 204, 1625 131h Street, Lubbock, TX, 79401, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 3:00 pm on February 2, 2016, and the City of Lubbock City Council will consider the proposals on February 25, 2016, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer 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 proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. The bond must be in a form accepted by the City Attorney and must be dated the same as the Contract Award date. Offerors 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 proposal 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 proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offeror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offeror 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 proposal submitted. There will be a non -mandatory pre -proposal meeting on Thursday, January 21, 2016 at 10:00 am, at City Hall, 1625 13th Street, Purchasing Conference Room 204, Lubbock, Texas, 79401. Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages (based on a hourly rate time 8 hours per day minimum) included in the contract documents on file in the -- office of the Director of Purchasing and Contract Management of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage , scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals 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 - proposal meetings and proposal closings are available to all persons regardless of disability. If you require special assistance, please contact the Director of Purchasing and Contract Management Office at (806) 775- 2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta .ACVG rez Marta Alvarez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO OFFERORS PAGE INTENTIONALLY LEFT BLANK GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish the Lubbock Business Center Emergency Generator per the attached specifications and contract documents. Sealed proposals will be received no later than 3:00 pm on February 2, 2016, at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 16-12664-JM, Lubbock Business Center Emergency Generator" and the proposal closing date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: _ Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing & j' Contract Management Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerors will be considered responsive and evaluated for award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for closing proposals through an addendum. i._ 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non -mandatory pre -proposal meeting will be held on Thursday, January 21, 2016 at 10:00 am, at City Hall, 1625 13th Street, Purchasing Conference Room 204, Lubbock, Texas, 79401. All persons attending the meeting are required to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsyne.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Director. At the 2 request of the proposer, or in the event the Director of Purchasing and Contract Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Director. Such addenda issued by the Director of Purchasing and Contract Management Office will be available over the Internet at http:llwww.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. 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 Director of Purchasing and Contract Management Office no later than five (5) calendar days before the proposal 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 explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Director of Purchasing and Contract Management Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. _ EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal l meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for L11 Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete = ; the work in accordance with these plans and specifications. If proposer does not notify the Director of Purchasing and Contract Management before offering 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 closing of proposals. 2 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP 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 proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(a) 6.3 Marking your entire proposal 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 proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror 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 proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors 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. 1_ 11 12 13 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Director of Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: City of Lubbock Juan Mendez, Buyer 1625 13"' Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: JMendez@nylubbock.us Bidsync: www.bidsync.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be completed within 120 CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the 4 construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, it's right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The 19 20 21 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. 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 proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer 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 proposer. (c) Equipment schedule. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax pen -nit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, 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, and/or the owning utility at the Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer 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 proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays 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 7 permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal 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 proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. A bid that has been opened may not be bidder shall submit his bid on forms furnished by the City, and all blank spaces in the changed for the purpose of correcting an error in the bid price. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 29.3.1 Proposer's name Teche Contracting, LLC 29.3.2 Proposal for RFP 16-12664-JM Lubbock Business Center Emergency Generator 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for closing of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL CLOSING. 30 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF OFFERORS The proposer 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 proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the g City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: 9 32 (a) The ability, capacity, skill, and financial resources to perform the work or ? provide the service required. (b) The ability of the proposer 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 proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Goverrnnent Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 60% for Price, 30% for Contractor Qualifications, 5% for Safety Record and 5% for Construction Time. The selection criteria used to evaluate each proposal includes the following: 32.1 60% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 30% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of 5 points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" and any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent infonnation relevant to the project for which you are submitting this proposal. 10 �j ■ 32.3 5% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio. The Contractor must submit this ratio with his bid. Contractors with an Experience Modification Ratio greater than 1 will receive zero points for safety. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision 3 or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the Experience Modification Ratio. 32.4 5% CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value x Weight Factor = Construction Time Score 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. The estimated budget for the construction phase of this project is $425,000. Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR -' FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY l SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 11 r- 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with 1 the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. ' 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and fnay be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates 1 in lieu of the iteins specified, if the unit prices are obviously unbalanced (either in p excess of or below reasonably expected values), or irregularities of any kind. " 34 ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND [I REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, Ali INTERVIEWS, OR PRESENTATIONS. 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Govermnent Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 12 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Proposers shall use the Davis Bacon wages rates attached herein for Lubbock County: http://www.wdol.gov/dba.aspx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 13 TEXAS GOVERNMENT CODE 4 2269 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. (b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow the procedures provided by this subchapter. Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on: (1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking i until a contract is reached or all proposals are rejected. In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. r PAGE INTENTIONALLY LEFT BLANK City of Lubbockf Bid RFP 16-12664-JM PROPOSAL SUBMITTAL FORM LUMP SUM PRICE PROPOSAL CONTRACT DATE: 2/1/16 PROJECT NUMBER: RFP 16-12664-JM — Lubbock Business Center Emergency Generator Proposal of Teche Contracting, LLC (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the Lubbock Business Center Emergency Generator, having carefully examined the plans, specifications, instructions to offerors, notice to offerors 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 fiirnish 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. RASE PROPOSAL ITEM DESCRIPTION UNIT LABOR MATERIALS EXTENDED NO. COST Install new 500 KW/625 KVA, 208 volt, 3 phase 1 emergency generator and associated 1600 Amp LS $ 93,000 $ 3 0 0, 0 0 0 $ 3 9 3, 0 0 0. Automatic Transfer Switch and associated equipment as s ecified. PROPOSED CONSTRUCTION TIME: 1. Contractors proposed CONTRUCTION TIME for completion: The proposed number of consecutive calendar days to completion: 120 Days �'?--Offeror's Initials la 1/13/2016 12:37 PM p. 32 i {t t t i 1_ r City of Lubbock Bid RFP 16-12664-JM Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to complete the project within 120 CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of 5250 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. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after die scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the t plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors 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 proposal 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 proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. r�"fferor s Initials 2 1/13/2016 12:37 PM p. 33 .` City of Lubbock tr Bid RFP 16-126 R t Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S } or a Proposal Bond in the sum of 51-Nineteen Thousand, Six Hundred Fifty Dolfa :!-P , which it is agreed shall be collected and retained by the Owner as liquidated damages in the eve 'lie proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documen .nsurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date receipt of written notification of acceptance of said proposal, otherwise, said check or bond shall be returned to t undersigned upon demand. 'p Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contra locuments made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a Date; ..2/1/16 competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error W the proposal THE price. THEREFORE,, ANY CORRECTIONS TO ------~ t PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL Authorized Signature SUBMITTAL FORA PRIOR TO PROPOSAL OPENING. Dennis Echt 1 (Printed or Typed Name) t - r ;Seal if Offeror is a Corporation) Contracting, LLC ATTEST: Company Company 1141 N. Loop 1604 E.,Suite 105- Secretary Address San Antonio Bexar Dfferor acknowledges receipt of the following addenda: City, County L Texas 78232 Addenda No. 1 Date 1 / 2 9 / 16 State Zip Code Addenda No. Date Telephone:830 - 885-4905 Addenda No. ~~^Date Fax: 830 - 885-4907 Addenda No. Date Email: decht@qvtc.com FEDERAL TAX ID or SOCIAL SECURITY N 45-2930243 WWRE Firm: Woman Black American I Native American tlis anic Anerican Asian Pacific American Other (Spec fy) V2016 12:37 PM PAGE INTENTIONALLY LEFT BLANK Contractors Statement of Qualifications Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: 4 City of Lubbock Bid RFP 16-12664-JM j Contractor's General Information G, Vice President's Name(s) Average Number of Current Full Time Employees 1 Average Estimate of Revenue 550000.00 for the Current Year ' 5 1 /13/2016 12:37 PM p. 36 City of Lubbock Bid RFP 16-12664-JM Contractor's Organizational Experience ll t Organization Doing Business As Teche Contracting, LLC Business Address of Regional Office 1141 N. Loo 1604 E. Suite 10 5 - 5 0 0 San Antonio, Texas 78232 Name of Regional Office Manager Dennis Echt Telephone Numbers Main Number 830-885-4905 Fax Number 830-885-4907 Web Site Address decht@gvtc.com List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization I From Date I To Date List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Years experience in projects similar to the proposed project: As a General Contractor 1 40 yrs I As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or No proposer by any local, state, or federal agency within the last five ears? If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating No litigation? If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide No materials defined in the contract documents? If yes provide full details in a separate attachment. See attachment No. 6 1/13/2016 12:37 PM p.37 f City of Lubbock Bid RFP 16-12664-JM Contractor's Proposed Key Personnel Organization Doing Business As ITeche Contracting, LLC g.Em Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description, See attachment No. Dennis Echt - Owner, manages and supervise construction projects. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. Gordon Alexander, Project Manager has over 50 years of experience. Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Dennis Echt Gordon Alexande Project Superintendent Dennis Echt ordon Alexande Project Safety Officer Dennis Echt 37ordon Alexander Quality Control Manager Dennis Echt Oordon Alexander If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. 7 It 1/13/2016 12:37 PM p. 38 _ f City of Lubbock Bid RFP 16-12664-JM Proposed Project Managers Organization Doing Business As Name of Individual Dennis Echt Years of Experience as Project Manager 40 years Years of Experience with this organization 5 ears Number of similar projects as Project Manager P 2 0+ Number of similar projects in other positions 2 0+ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date ity of Angleton Generator Install 100% 12/31/15 Harris County MUD 166 Gen Install 100% 1/25/15-� City of Harlingen Gen. Install 1 100% 11/12/14 Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Name of Individual Candidates role on Project 3 Gordon Alexander Years of Experience as Project Manager 50 years Years of Experience with this organization 5 years Number of similar projects as Project Manager 25+� Number of similar projects in other positions 25+ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name J Title/ Position f Title/ Position Organization Or anization �- t Telephone Tele hone E-mail E-mail Project Project �I i Candidate role on Project Candidate role on Project 8 r� is 1/13/2016 12:37 PM p. 39 ; ? City of Lubbock Bid RFP 16-12664-JM C� Proposed Project Superintendent 1 ti Business As Name of Individual Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used Estimated Project for this Protect Completion Date Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization Or anization Telephone Tele hone E-mail E-mail Project Project Candidate role on Protect Candidate role on Project Name of Individual Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used Estimated Project for this Proiect Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Tele hone E-mail E-mail Project Project Candidate role on Project Candidate role on Proiect 9 1/13/2016 12:37 PM p. 40 City of Lubbock Proposed Project Safety Officer Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Name of Individual Candidate role on Project Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Organization Or anization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 10 (i 1/13/2016 12:37 PM Proposed Project Quality Control Manager Organization Doing Business As Name of Individual City of Lubbock Bid RFP 16-12664-JM Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used Estimated Project for this Proiect Completion Date Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Name of Individual Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used Estimated Project for this Proiect Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project { 1/13/2016 12:37 PM II p. 42 City of Lubbock Bid RFP 16-12664-JM . I 1 Contractor's Project Experience and Resources Organization Doing Business As Provide a list of major projects that are currently underway, or have been completed within the last ten ears on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five years which specifically illustrate the organizations capability to provide best value to the Owner for this project. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the proposed key personnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meetin HUB / MWBE Partici ation Goal MIT. - Provide a list of major equipment proposed for use on this project. Attach Additional Information if necessary Equipment Item Primary Use on Project Own Bull Lease Trencher Electrical Trench X Skid Steer Removal & Clean up X Crane Settincr Generator X What work will the Electrical Demo Bollards usinq its own resources? What work does the organization propose to subcontract on thisproject? Electrical Concrete Fence 12 1/13/2016 12:37 PM p.43 r 1 City of Lubbock Bid RFP 16-12664-JM Contractor's Subcontractors and Vendors Organization Doing Business As Provide a list of subcontractors that will provide more than 10 percent of the work (based on contract amounts Name Work to be Provided Est. Percent HUB/MWBE of Contract Firm IES Electrical Electrical 400 Provide information on the proposed key personnel, project experience and a description of past relationship and work experience for each subcontractor listed above using the Project Information Forms. a 1111 a - as Provide a list of major equipment proposed for use on this project. Attach Additional Information if necessary Furnish Furnish HUB/M Vendor Name Equipment / Material Provided Only and WBE Install Firm 13 1/13/2016 12:37 PM p. 44 o Current Projects and Project Completed within the last 10 Years N 4W v Attachment A Project Owner Project Name General Description of Project: Project CostI Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent _ Safety Officer Quality Control Manner Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Su erintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager v A 14 N r r ,5 rro ec[ mrormanon Project Owner Project Name General Description of Project budget History rY Schedule Performance Amount % of Bid Amount Date Days Bid Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer Quality Control Manager Name Percentage of Time Devoted to the Project Proposed for this Project Did Individual Start and Complete the Project? If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manaqer I Number of Issues Total Resolved Reso i of issues Total Amount Resolved issue 16 L 9 REFERENCES Sheet 1 of 2 i. Project: General Land Office -Disaster Reco --gxo eat _� ty_of_-Angleton---.___ Water Plant No. 2 & t�iater Well No. 10 C ir.: Pgleton,_ Texa�. Contact f'cr�;o:'.: Alan D. Hirshman, P.E. PI -ion,,.- 713-527-6445 Darrenbaum Engineering Company Date 12/31/15 _—.---.-----_.._-____ Cv' iract tPnci : $ 624, 500. 00 ?. Project: WWTP 350kw Generator Installation_ & Site Improvement$___4____ C;-,;: Houston, Texas C,,)i-m a Pcr c:n: Marguerite A. _ Camp 1-713-462-3178 IX-,e oI Ca-,IIpletion: April, 2015 Contract Price: $ 139, 331. 62 _ 3. P-2-750k-w S-tandb_y__Generators- A G K with 2-a, 000-gal_Fuel_Tanks CM; Harlingen, Texas Contact Person: David R. Sanchez Pfxmr. 1-956-440-6582 r March, 2014 C�otnft;enon: t,ontrazr i'rice: $_496, 451.62 4, Prt��cct: Placing of Asphalt_ Walking Path & Parking_ Lot,_ Anderson Park Cite: -.Alice ,__-Texas-_ C,-.jit<«t Pet nn: Becky Guerra ^� {?jrt, t; 1-361-668-7272 lace of Cc?rSlFf iiC.,^,: April, 2012 Contract Prig: 147,_221-- P,t,h,cr Alice Municipal Golf Course Cart Path Improvements Cit..: Alice,_ Texas C'ontact Person: Becky Guerra pftone: 1-361-668-7272 C3:tte t t Ccnnf?teti.x:: March, 2013 Cnntrar: Price: $ 286, 798.32 REFERENCES Sheet 2of2 t ): Installation of a New Generator, ATS, Controls r the City �of Alice Alice, Texas� Cnnr lR:r « Be k-Guerra i w 1-3-61z668-7272 - R C ,�la : �u »s a�2o 1. . . _ C ! IP 2:_ 117,000.00 3 ! t Removal & clearing Levee at Findley Lake C;t Alice, Texas nr tE . m�.aecky Guerra ... Phone: ��.16 T668-7272_���. D 2 Comte n: April, 2012 Conte ct e: __$ 46�777: 0 i. 7 San Antonio Water S stems San Antonio Texas COIlLiffPersow Jeffery C. Pollock Da» of Coli ,/ n:- August. 2002 Conrntcr R&c —: 50�: 84.� 4. J� An9y� C one e J: P! E - - - Cow ate a: :! 8/21/2014 To whom it may Concern: Mr. Dennis Echt with Teche Contracting, LLC, worked with The City of Harlingen Water Works System on a time sensitive project. The work consisted of, removing two (2) existing 750kw generators and furnishing & installing two (2) new 750kw generators, two automatic transfer switches and two (2) 4,000 gallon fuel tanks. The work was performed at two of the City's water plants. The City's water plants could not be shut down for any long period of time. Mr. Dennis Echt has proven his willingness to produce a quality project within budget and was completed on schedule. Mr. Echt has shown a great deal of integrity in doing what he says he will do, even though it may not be to his advantage. I am certain that Mr. Echt will make every effort to do whatever he said he will do to help you in your endeavors. This makes dealing with construction less time consuming and budget intensive. The City of Harlingen recognizes expertise and construction efforts and considers Mr. Echt to be among a group of contractors that we as a City feel confident in enlisting for services. If you have any additional questions, please feel free to contact me at my office. tact eel avid 83anchez Water Service Director 114 N. L Street Harlingen, Texas 78550 Office: 956-440-6582 Fax: 956-440-6590 drsanchez n@,. h%t vs.com X� it CST �w s .1' y 4GfH T tip Mav 2. 2013 CITY OF ALICE, rrEXAS PAL BOX 3224 >LIM T[AkS 78333 To Whom it May Concern Mr. Dennis Echt has proven his willingness on several projects within tl�e City cf Alice. Texas, to produce quality projects within budgets and time schedules. He and his sub- contractors have heen tvii1linn to offer their expertise in numerous facets to provide a better -constructed and more complete project. Mr Echt has shown a oreat deal of integrity in doing what he says he %-rill do. even incugh it may not be tG his advantage. This i-nakes dealing %riff: CU.ns4ru0tioln !ass li ly consuming and budget intensive If you are so lucky as to have TECHE as your contractor, I am certain Dennis will make every effort to do the right thing at the right time for you and your endeavor. Regards, Monty D. Winter, P.E.. CRA Director of Engineering, City of Alice. TX No Text DEPARTMENT OF THE NAVY Ili CHAPjc Or C_:aVS7RUCTi0N LAJES FIELD PO N'E':+ YORK C9406-5COO Err Ih ,EPI l REFER TO 29 APR 91 North: Jkm ricar. Cornstx f, . _i .. P.O. Lox 690350 San Antonio, TX 7gy4. NorCii An-iierlcali w35 ..i i"C p:-IJ:•e, Dicing Hal Rehabli::s i:}n ,no ect at the Laves Field Air Lase here in the Azores. T'& iUnLra:L ..a5 ii ion UL;'!nr project and inc'udcd t}'"pez Cif work ire all of the eneral coristruction trades including framing, drywall, T:25C_n rj', plaster ar.-1 - in-cluded was a new extensive mechanical and electrical systeat. The Azores is a very ettic 'ocation with little material or labor resources available for a gcver;::cnr project. and logistics for travel and slapping are extremely difficult. Despite the problems a�soci::ccd wick vie nature and location of this project, :ACC completed the pr(,.oci. uii schicfjule, olio th(: i:'vi'%itiari5 iF i€i all areas was excellent. In par-ticu3ar 41r. Dennis cht, Project Manager, overcame serious logis'�icai cri_ical s°a.contractor Failures to deliver this quality facilicy on tipte and maintaining NACC's reputation as an outstandina MD conrrn ' )r, It is with this in Ttit:v &,t we commend north American Construction with an outstanding perfornanc•_ rating on this proiect, and we would look forward to working with them agai!: in -he f•4ture. Should you have any tt:•;cior: cr. if I can be o any help, please feel free to call or w- ire we a u.:: Liial— Sincerely, 41- v I ROBEPT P. HOLT LieUt:e[t�il+ Civil Erigineer Corps, U.S. Navy 'Resident In Charge of Construction City of Lubbock Sid RFP 16-12664-JM j } City of Lubbock, TX Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Proposal I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. t Dennis Echt Con rector ( Original Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: Teche Contracting, LLC (Print or Type) 1141 N. Loop 1604 E., Suite 105-500 CONTRACTOR'S FIRM ADDRESS: San Antonio, Texas 78232 INSURANCE AGENT: AGENCY ADDRESS: HCDT Insurance Agency, Inc. 2161 NW Military Hwy., Suite 210, San Antonia, TX 78213 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing and Contract Management for the City of Lubbock at (806) 775-2163. RFP 16-12664-JM — Lubbock Business Center Emergency Generator 1/1312016 12:37 PM H I p.47 PAGE INTENTIONALLY LEFT BLANK (r City of Lubbock ( Bid RFP 16-12664-JM Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and j criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among -' other things: a. Complaints to, or final orders entered by. the Occupational Safety and Health Review Commission (OSHRC), L against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), dhe Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPC13), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty r I assessed. 1 i f � .Y. Offeror-s Initials u-i Ill3/2016 12:37 PM p. 49 r i t__t �a\y City of Lubbock Bid RFP 16-12664-JM UESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such finn, corporation, partnership or institution, received citations for violations of environmental protection laws or V regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO X If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO X If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Sig ure Dennis Echt - Owner/Manager Title 2 I. 1/13/2016 12:37 PM P. 50 City of Lubbock Bid RFP 16-12664-JM ,. t. Suspension and Debarment Certification Federal Lace (A-102 Common Rule and OMB Circular A-I10) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g.. sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. ri Teche Contracting, LLC Lj COMPANY NAME: 9 FEDERAL TAX ID or SOCIAL SE.CIIRITY No. 4 5- 2 9 3 0 2 4 3 Signature of Company Official;: -- �----- r-r Printed name of company official signing above: Dennis Echt Date Signed: 2 / 1 / 16 9 9 I `j 1113/2016 12:37 PM P. 61 II PAGE INTENTIONALLY LEFT BLANK 1. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 14. 15. 16. Company Name IES Electrical Unknown Unknown City of Lubbock PROPOSED LIST OF SUB -CONTRACTORS Location Local Local Services Provided Electrical Concrete Fence Bid RFP 16-12664-JM Minority Owned Yes No 0 J, 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 ❑ 0 ❑ 0 0 ❑ 0 0 0 0 0 Cl 0 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: Teche Contracting, LLC (PRINT NAME OF COMPANY) RFP 16-12664-JM — Lubbock Business Center Emergency Generator Emergency 1/13/2016 12:37 PM POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Director of Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS PAGE INTENTIONALLY LEFT BLANK City of Lubbock Bid RFP 16-1261 FINAL LIST OF SUB -CONTRACTORS Company Name Location Services Provided 1. Automated Controls Lamesa, Tx Electrical 2. Teche Contracting S.A., Tx Trenching 3. Teche Contracting S.A., Tx Bollards 4. Teche Contracting S.A., Tx Fencing 5. Teche Contracting S.A., Tx Concrete 6. Teche Contracting S.A., Tx Paving Repairs 7. 8. 9. 10. 12. 13. M. 15. 16. SUBMITTED BY: We 1.3 ON "K Minority Owned Yes No 13 0 0 0 ❑ 0 ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESr, DAYS AFTER THE, CLOSE DATE WREN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO UP 16-12664-JM — Lubbock Business Center Emergency Generator PAYMENT BOND PAGE INTENTIONALLY LEFT BLANK STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Teche Contracting, LLC (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Obbock (hereinafter called the Obligee), in the amount of THREE HUNDRED NINETY-THREE THOUSAND DOLLARS ($393,000) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 25T" day of March, 2016, for RFP 16-12664-JM Lubbock Business Center Emergency Generator contract 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 2016. Surety (Company Name) *By: (Title) By: (Printed Name) (Signature) (Title) City of Lubbock Bid RFP 16-12664-JM STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) Bond No. CNB-21180-00 KNOW ALL MEN BY THESE PRESENTS, that Teche Contracting, LLC as Principal(s), and Insurors Indemnity Company, 225 S. 5th Street, Waco, Texas 76701 (hereinafter called the Principal(s), (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Three Hundred Ninety -Three Thousand and 00/100 Dollars ($ 393,000.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24th day of March , 2016, for RFP 16-12664-JM Lubbock Business Center Emergency Generator Contract 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 1st day of April 2016. Insurors Indemnity Company Surety By. At a a I '(il LLI-10 I A . (Title) John Poettgen, ttorney-in-Fact Teche Contracting, LLC (Company Name) By: Dennis Echt (Printed Nam 1,., (Signature) (Title) 1/13/2016 12:37 PM p. 60 City of Lubbock Bid RFP 16-12664-JM The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Anco - US Producers of Lubbock, Inc. 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. Insurors Indemnity Company Surety * By: JUL (Title) ohn Poettgen, Attorney -in -Fact Approved as to form: City of Lubbock By: City Attorr ey ta * Note: If sign 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 1/13/2016 12:37 PM p. 61 City of Lubbock Bid RFP 16-12664-JM STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Bond No. CNB-21180-00 Teche KNOW ALL MEN BY THESE PRESENTS, that Contracting, LLC(hereinafter called the Principal(s), as Principal(s), and Insurors Indemnity Company, 225 S. 5th Street Waco Texas 76701 (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount ofThree Hundred Ninety -Three Thousand and OON00 Dollars ($ 393,000.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24th day of March , 2016, for RFP 16-12664-JM Lubbock Business Center Emergency Generator Contract and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 1st day of April , 2016. Insurors Indemnity Company Surety * By: (Title) +JonPoettgen, A orney-in-Fact Teche Contracting, LLC (Company Name) By: Dennis Echt (Pr' Name) (Signature) (Title) 1/13/2016 12:37 PM p. 64 City of Lubbock Bid RFP 16-12664-JM The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Anco - US Producers of Lubbock, Inc. 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. Insurors Indemnity Company Surety *By: (Title�Poettgen, ney-in-Fact Approved as to Form City of Lubbock By: ® s City Attly Note:Ifed 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. 1/13/2016 12:37 PM p. 65 I N S UTCO-4� ,NUIMNITY C06lr►r„Id POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-21180-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing mrider the taws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint John Poettgen of the City of San Antonio, State of TX as Attorney in Fact, with full power and authority hereby conferred upon. him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of thefopoWing classes of document, to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given In any action or proceeding in any court of law or equity; Indemnity in all oases where indemnity may be lawfully given and with full power, and authority to execute consents and waivers to modify or cllange or extend any bond or document executed forlhfs`Company. INSURORS INDEMNITY COMPANY Attest. Tam myTi 'pe n, ecreta Dave E. Talbert, President State of Texas County of McLennan On the 1 p. day of November, 2014, before me a Notary Public in the State of Texas, personally appeared Dave E. Talbert and Tammy Tlepemman, Who -being by me duty sworn, ackno edged that they executed the above Power of Attorney in their capacities as president and Corporate Secretary, respectively, nsurors indemnity Company, and aci n w Attorney to be the voluntary act and deed of the Company. III ;+,1gHERN VMTMHOUSI Insurors Indemnity Company certifies that this Power of Attorney is granted, under and by o�horiiy ofWfo�lowing` resolutions of the Company adopted by the 13oar�t of Directors on November 11, 2014: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attomey'in Fact pursuant to a Power of Attorney issued in accordance with these Reealutiorrs. Said Power of AttomeY shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective desfgtt 00. The signature of such officer and the 0ee1 of the Company may be mixed- by facsimile to any Power pf Attorney, and, unless subsequently revoked and .subject to any limitation set forth therefri, any such Power of Attorney or certificate bearing such fiaddlffil!ete signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validlyottaehed. RESOLVED, that Attorneys in Fact shall havathe power and authority, sublect to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such Instrument executed by such Attorneys In Fact shell be binding upon the Company as if signed by en Executive Officerandeealed and attested to by the ;3ecretary or Assistant Secretary of the Company. I, Tammy Tlepermen, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true, excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November11, 2414, and that this Resolution is WWI force and affect, i Certify that the foregoing Pother of Attorney Is In full force and eflect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 1st day of APO 2016 NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR iWORDIN(T OF THIS POWER OF ATTORNEY, PLEASE CALL 8UQ 933 7444 OR WRITE TO US AT P. O. BOX 2083, WACO, TEXAS 76t02 2683 OR EMAIL US AT INSUTQ� IN01hikIlY cnMYASIt! P&C 877 282 1625 225 South Fifth Streei Soods 80-0 933 7444 PO Box 2683 Waco, Texas 76702.2693 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll -free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Insurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: Consumer Protection (1 I 1-IA) P.O. Box.149091 Austin, TX 78714-9091 Fax:512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection(d�tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 O 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: Consumer Protection (I I I-1A) P.O. Box 149091 Austin, TX 78714-9091 Fax: 5 12-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtectionAtdi.texas.gov Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. insurorsindemnity.com i} \\ The undersigned surety company represents that J is duly qualified to d businessin Texas, anJ hereby design S a agent a6d m in Lubbock County to whom ay requisite n tcl es may be d liv «a and on w m service of process may be had in matters an£n out of such suretyship. � L< Surety � C< + By: � (Title) � Approved � . City of Lubbock By: City Attorney *KG« If signed by an officer othe Srtcy mpn there must b on file acertified extract from the by-laws showing that tiEsperson has authority to sign such oli Son. If signed by an Attorney inFciwemulhvcyyop*7o [> attorney for our files. � : � ^ �> . � � ~ [: {a \ i « . � C° � \� � � 2 � . . . ... .. . . . . . .. . .. .. . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . — — — . . . � PERFORMANCE BOND PAGE INTENTIONALLY LEFT BLANK STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Teche Contracting LLC (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of THREE HUNDRED NINETY-THREE THOUSAND DOLLARS ($393,000) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 25T" day of March, 2016, for RFP 16-12664-JM Lubbock Business Center Emergency Generator contract and said principal under the law is required before commencing the work provided for in said contract to execute a bond -' in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall t 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 P 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 , 2016. Surety By: _ (Title) 1 (Company Name) By: (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock v, By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 CERTIFICATE OF INSURANCE Page Intentionally Left Blank tom' CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with I — to V VlJ V11J VL tiro DLtIII UL yuuucs uscu uy tins wrnpary, rre runner neremarter aeserroea. r✓xeepnons to stanaara poney notes nereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY Commercial General Liability General Aggregate $ Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury S Owner's & Contractors Protective Each Occurrence S Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY Any Auto Combined Single Limit S All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) S Hired Autos Property Damage S Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate S BUILDERS RISK 100% of the Total Contract Price S INSTALLATION FLOATER S EXCESS LIABILITY Umbrella Form Each Occurrence S Aggregate S Other Than Umbrella Form S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive Excluded Each Accident $ Officers are: Disease Policy Limit S Disease -Each Employee S OTHER (I The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less it than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. r FIVE COPIES OF THE CERTIFICATE OF INSURANCE 1-' MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) By: i Title: Title: THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. THE ADDITIONAL INSURED ENDORSEMENTS SHALL INCLUDE PRODUCTS OF COMPLETED OPERATIONS, XCU, AND HEAVY EQUIPMENT. 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 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 1 during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: �PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A . CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND t_ e PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENTS SHALL INCLUDE PRODUCTS OF COMPLETED OPERATIONS, XCU, AND HEAVY EQUIPMENT. 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 and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and 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 proj ect; _ (C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage ' showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (D) obtain from each other person with whom it contracts, and provide to the contractor: (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; (E) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; ri (F) 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 (G) contractually require each other person with whom it contracts, to perform as required by l_ paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. PAGE INTENTIONALLY LEFT BLANK CONTRACT CONTRACT Page Intentionally Left Blank �1 1- Contract 12664 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 24h day of March, 2016 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 Teche Contracting, LLC of the City of San Antonio, County of Bexar and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP 16-12664-JM Lubbock Business Center Emergency Generator 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. Teche Contracting, LLC 's proposal dated February 1, 2016 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: Teche Contracting, LLC B- rA. PRINTEED,-NAME: e S ." TITLE:_ COMPLETE ADDRESS: Company Teche Contracting, LLC Address 1141 N. Loop 1604 E. Suite 105-500 San Antonio, Texas 78232 ATTEST: Corporate Secretary Glen C. R-6ib n�Ma ATTEST: 00TA.A Rebe t a Garza, City Secretary A�PP)RjO�VED S TO C PTENT: �V �) W 1)" Wesley Everett, Director of Facilities Management Mark rwo d, AssiLtityManager APP VED AS TO FORM: Justi P tt, As istant Cit Attorney Page Intentionally Left Blank PAGE INTENTIONALLY LEFT BLANK CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY This questionnaire reflects changes made to law by H.B. 23, 80 Leg., Regular Session Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists. The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets the requirements under Section 176.006(a). - By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later than the 71h business day after the date the vendor becomes aware of the facts that require the statement to be filled. Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors). The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire" regarding the vendor's business relationships, if any, with Council Members or the City Manager. Compliance is the responsibility of each individual, business or agent who is subject to the law's filing requirement. Questions about compliance should be directed to your legal counsel. Office of the City Secretary 1625 13th Street, Room 206 .. Lubbock, TX 79401 Questionnaire is available at: https://www.ci.lubbock.tx.us/departmental-websites/departments/purchasing/vendor-information DISCLOSURE OF INTERESTED PARTIES 42252.908 C Texas Government Code 2252.908 Disclosure of Interested Parties Form 1295 House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. §2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016. An interested party is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the teens of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, notarizing and returning the form to City of Lubbock Purchasing & Contract Management Department. Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with the project will log -in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will complete the form for the contract with which the form is associated. The completed fonn will be made available via the Texas Ethics Commission website. Fonn 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed instructions are located at: htips://www.ethics.state.tx.us/whatsnew/elf info fonn1295.1itm GENERAL CONDITIONS OF THE AGREEMENT PAGE INTENTIONALLY LEFT BLANK GENERAL CONDITIONS OF THE AGREEMENT EMM 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 Successful Offeror, Teche Contracting, LLC who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATWE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, Wesley Everett, Director of Facilities Management, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives 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 Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. 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. The City reserves the right to approve or disapprove the selection of any subcontractor(s). WRITTEN NOTICE i rj,- a Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of { the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. The Work must be operational and ready for the Owner's continuous use as intended. All initial training for Owner personnel required by the specifications by the Contractor and his subcontractors and suppliers shall have been completed. All final operations and maintenance manuals shall have been submitted and given a disposition of "no exceptions noted". All instrumentation and SCADA equipment shall be installed and operational. Final grading and seeding shall be performed for substantial completion. 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. I" 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished five 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 The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) 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 14. 15 17. 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, it's Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY �y Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s)) 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. 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 distinguished from Resident Project Representative, 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 1 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. r CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be I 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. I 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 Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. 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. 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 l_a 4 i 22 23 testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as 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. 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 proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation 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 to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; 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, as estimated by the Engineer and approved by the Owner. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." 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 proposal, 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 proposals are received, and if no such notice is received by the Owner's 26. Representative prior to the closing of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering 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 closing of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 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 Engineer 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. 27. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENTS SHALL INCLUDE PRODUCTS OF COMPLETED OPERATIONS, XCU, AND HEAVY EQUIPMENT. A. Commercial General Liability Insurance (Additional Insured (to include products and complete operation) and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Contractual Liability Personal and Adv. Injury Products of Completed Operations Endorsement XCU and Heavy Equipment B. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1000,000 per Occurrence, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. C. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED D. Umbrella Liability Insurance — NOT REQUIRED E. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. 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. 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. t 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 { 1 of coverage showing that coverage is being provided for all employees of the person -' providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) 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. F. 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. 10 (5) A provision that the policy may be canceled only by mailing written notice to the named insured! at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or, cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (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: REOUIRED 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 11 labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.tY us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, i 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 12 29. 30 31 (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance s of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. ri PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or { form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior t y •posing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's } Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, f t I 13 rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the Notice to Proceed and contract documents, respectively, 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 complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $250, 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 fail to meet the time requirements stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the 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 i 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 proposal; provided, } also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project 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. 14 36. 37. 38. 39. 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. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within 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. 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 P) which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, r } area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the hl 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 1 to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to x 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 proposals 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 Li 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, ` 1 payment shall be for the actual amount of work done and materials furnished on the project, provided that the tj over run or under run of estimated quantities note exceed 15% of the estimated quantity. 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. { z Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the 15 M Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, 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 proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. 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. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. 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. 16 43. 44 45 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. 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. 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 but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. 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 two (2) years 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) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. 17 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 resented b th p q p � p y e 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 t Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or 18 (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 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 r 19 t Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man-made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. -, 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. F 56. 57 58 59 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. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable tunes, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. HOUSE BILL 2015 House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001) 21 Page Intentionally Left Blank DAVIS-BACON WAGE DETERMINATIONS El Page Intentionally Left Blank EXHIBIT A General Decision Number: TX150334 12/11/2015 TX334 Superseded General Decision Number: TX20140334 State: Texas Construction Type: Building Counties: Crosby and Lubbock Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 03/06/2015 2 10/09/2015 3 12/11/2015 BOIL0074-003 01/01/2014 Rates Fringes BOILERMAKER ......................$ ---------------------------------------------------------------- 23.14 21.55 CARP0665-001 05/01/2014 Rates Fringes CARPENTER ........................$ ---------------------------------------------------------------- 20.81 6.76 ELEC0602-008 09/01/2015 Rates Fringes ELECTRICIAN ......................$ ---------------------------------------------------------------- 21.19 3%+8.80 ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane .............$ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above ..... $ 28.75 10.60 (3) Hydraulic cranes 59 7oua and ouder.,.'......,.'.1 27.50 10.60 / ---------------------------------------------------------------- IRONUO84-011 06/01/2015 Rates Fringes > IRONWORKER, ORNAMENTAL '...,....'. . $ 23 O2 . 6 35 ________________________________________________________________ + ZDO0O263-003 06/01/20I5 �^ Rates Fringes IRONWORKER, STRUCTURAL ........... $ 23,00 6.55 | PLnM0404-026 07/01/2013 Rates Fringes PIPEFITTOB....................... $ 22.80 7.16 PLUMBER .......................... $ 22'80 7.16 ---------------------------------------------------------------- S8BDOO49-OUl 06/01/2015 \ Bates Fringes SHEET METAL WORKER (8nAC Duct Installation Only) ............... $ 22.93 11.33 �. ______--_-_-____-_-__----_-_-___-_--__-__-_--_______-_____--_-__ SnTX2Ol4-OG0 07/2I/2014 ( (� Rates Fringes BRICKLAYER ....................... $ 20.04 O'OO / CEMENT MASON/CONCRETE FINISHER ... $ 19'60 0.00 ` INSULATOR - MECHANICAL ' (Duct, Pipe a Mechanical {-. System Insulation) ............... $ 19.77 7.13 ` IRONWORKER, REINFORCING .......... $ 12'27 0.00 `- LABORER: Common or General .'''.'$ 12.35 0'00 ` LABORER: Mason Tender - Brick ... $ 11.36 0,00 LABORER: Mason Tender - - Cement/Concrete .................. $ 10.58 0.00 ^-� LABORER: gipelayez.............. $ 12,49 2.13 LABORER: Roof Teazoff........... $ 1I.28 0.00 OPERATOR: Backbne/8xoavatoz/Tzackboe....... $ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................ $ 13.93 0'00 | OPERATOR: Bulldozer ............. $ 18.29 I.31 OPERATOR: Forklift ..............$ 14.83 0.00 OPERATOR: Grader/Blade .......... $ 13.37 0.00 OPERATOR: Loader ................$ 13.55 0.94 OPERATOR: Mechanic ..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.03 0.00 OPERATOR: Roller ................$ 12.70 0.00 PAINTER (Brush, Roller, and Spray) ...........................$ 14.27 0.00 ROOFER ...........................$ 13.75 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation ........... $ 21.13 6.53 TILE FINISHER ....................$ 11.22 0.00 TILE SETTER ......................$ 14.00 2.01 TRUCK DRIVER: Dump Truck ........ $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................$ 12.50 0.00 TRUCK DRIVER: Water Truck ....... ---------------------------------------------------------------- $ 12.00 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. I Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is -x based. -------------- ---------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can __ be: * an existing published wage determination T * a survey underlying a wage determination ) * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, I etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the fair labor standards act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair labor standards act PAGE INTENTIONALLY LEFT BLANK SPECIFICATIONS t SPECIFICATIONS I I I I I Division Section Title Pages DIVISION 26~ ELECTRICAL 260415 ........ TRANSFER GVV[TCHEG—.-.—.--------.--.--..------.---.-----------. 13 | 280516--..LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES .................................. 4 / | 2GO52G........ GROUNDING AND8ON[UNGFORELECTRICALSYSTEK88---.—.----.._..-----. 6 280533—.—. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS .......................................................... 8 260553—.—. IDENTIFICATION FOR ELECTRICAL SYSTEMS ...................................................................... G 262816—.—. ENCLOSED SWITCHES AND CIRCUIT BREAKERS ................................................................ S By: Bobby D. Liftle, P.E. #88896 Chambers Engineering, LLC Lubbock, TX 79424 BOBBY D. r= LQ 1)~� }<^� SECTION 260415 - TRANSFER SWITCHES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes transfer switches rated 600 V and less, including the following: 1. Automatic Transfer Switches 2. Bypass/isolation switches 3. Non -automatic transfer switches 1.2 SUBMITTALS A. Format: Submittal shall be delivered in both hard copy form and electronic format (Adobe Acrobat Version 8.0 or later .pdf files, Microsoft Office 2007 or later files, AutoCAD 2007 or later files, etc.) to match the hard copy. Provide data for each type of transfer switch and related equipment, include the following: B. Specification Compliance: An electronic copy of the specification will be provided to vendor for responses. Vendor shall indicate one of the following on every specification requirement paragraph -by -paragraph: 1. Comply - vendor complies or exceeds this requirement 2. Deviation - vendor deviated from this requirement, but provides similar operational and functional capability. Vendor to describe the deviation and how its product meets the specification performance requirement 3. Non -Compliant - vendor's proposed product does not meet the specification requirement C. Product Data: Provide data for each type of transfer switch and all accessories. Include the following: 1. Technical data on features, performance, electrical characteristics, ratings, and finishes. 2. Rated capacities, operating characteristics, furnished specialties, and accessories, features and factory settings 3. Description of sequence of operation for the entire system. 4. Detailed bill of material D. Shop Drawings: Provide data for each type of transfer switch and all accessories. Include the following: 1. Dimensioned plans, elevations, sections, and details, including required clearances and service space around equipment a. One -line diagram clearly indicating the functional relationship between equipment. b. Enclosure types and details. C. Weights d. Mounting template drawing indicating bolt locations e. Bus and pole configuration with current rating, size, and number of phase, neutral, and ground conductors f. Short -time and short-circuit current rating of ATS. g. Features, characteristics, ratings, and factory settings of switch. h. Nameplate legends. I. UL listing TRANSFER SWITCHES 260415 - 1 Ii» 2. Wiring Diagrams a. Power, signal, and point to point control wiring. b. Schematic control diagrams. C. Schematic diagrams and point to point wiring diagrams showing connections to remote devices. Provide a complete sequence of operation description for each mode of operation for both normal and abnormal conditions. E. Closeout Submittal Requirements 1. Format: Provide final O&M in hardcopy in quantities specified in Division 1 and a copy in electronic format on DVD. Electronic drawing files shall be AutoCAD 2012 .dwf or .dwg format. Drawing files shall be bound drawing files including all reefs. Electronic text documents shall be Adobe Acrobat 11.0.pdf or Microsoft Office 2010 format. 2. Field Quality -Control and Performance Test Reports: Indicate test results compared with specified performance requirements, and provide justification and resolution of differences if values do not agree. 3. Operation and Maintenance Manual: a. A preliminary copy of the O & M manual(s) shall be submitted to the engineer for review at least 30 days prior to integrated building systems testing. This manual will be reviewed and returned with comments and corrections to the Contractor. b. The revised manuals shall be turned over to the Owner prior to integrated building systems testing. Obtain a receipt for the manuals and forward a copy of the receipt to the Engineer. C. Upon completion of all start-up, testing and commissioning, make final revisions to documentation and turn over the required number of final O&M Manuals to the Owner's representative and obtain a signed receipt d. In addition to items specified in Division 1, include the following: 1) Complete List of Contacts: Include complete contact information with street address, mail delivery address, phone number, fax, email and website address. Include primary contact and backup contacts with 24-hour numbers for a) Manufacturer (Factory) b) Emergency Field Service c) Customer Service d) Engineering and Technical Support e) Parts 2) Local Lubbock TX, Manufacturers Representative 3) Local Factory Field Service e. All required submittal data corrected and revised to reflect the installed, tested, commissioned and accepted equipment f. Wiring Diagrams and Schematics g. Complete Parts Books - Illustrate and list all assemblies, subassemblies and components, except standard fastening hardware (nuts, bolts, washers, etc.) by actual ordering catalog numbers h. Internal connection diagrams of relays, instruments and control switches. I. Hard copy of the equipment PLC program (bound separately). j. Lists of consumables and strategic spare parts recommended being stored at Project site for ready access. List all consumables anticipated to be required during routine maintenance and testing k. Copy of all factory test results I. Start-up and Commissioning Reports - these will be the base line for future testing and analysis comparison 1) Provide copies of all integrated systems testing indicating system performed as required TRANSFER SWITCHES 260415 - 2 1.3 1.4 M. Preventative Maintenance Instructions - Describe the daily, weekly, monthly, - biannual, and annual maintenance requirements. n. Routine Test Procedures - Describe procedure and frequency for recommended' testing procedures to comply with Warranty requirements. o. TroubleshootingChart - Describe and list all troubles, probable causes, and suggested remedies. p. The final reviewed manuals shall be turned over to the Owner prior to conducting the instruction and demonstration session. Obtain a receipt for the manuals and forward a copy of the receipt to the Engineer. q. Record Documents 1) At the completion of the commissioning, turn over all field as -built mark-ups to the Engineer for incorporation into the record drawing set.__ 2) Provide copies of all vendor revisions to data sheets, shop drawings and wiring schematic that accurately and legibly reflect as -built conditions and "as left after commissioning" settings and revisions. Poor xerographic copies will not be acceptable. �- QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Testing Agency Qualifications: An independent agency, with the experience and capability to conduct the testing indicated (Thermography, meter. calibration, circuit breaker testing for 100 ampere and larger) that is a member company of the InterNational Electrical Testing Association or is a nationally recognized testing laboratory (NRTL) as defined by OSHA in 29 CFR 1910.7, and that is acceptable to authorities having jurisdiction. 1. Testing Agency's Field Supervisor: Person currently certified by the InterNational Electrical Testing Association or the National Institute for Certification in Engineering Technologies to supervise on -site testing specified in Part 3. QUALITY ASSURANCE A. Manufacturer Qualifications: Maintain a service center capable of providing training, parts, and emergency maintenance repairs within a response period of less than eight hours from time of notification. B. Testing Agency Qualifications: An independent agency, with the experience and capability to conduct the testing indicated, that is a member company of the InterNational Electrical Testing Association or is a nationally recognized testing laboratory (NRTL) as defined by OSHA in 29 CFR 1910.7, and that is acceptable to authorities having jurisdiction. C. N A Testing Agency's Field Supervisor: Person currently certified by the InterNational Electrical Testing Association or the National Institute for Certification in Engineering Technologies to supervise on -site testing specified in Part 3. Source Limitations: Obtain automatic bypass/isolation transfer switches through one source from a single manufacturer. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. Comply with NEMA ICS 1 TRANSFER SWITCHES 260415 - 3 F. Comply with NFPA 70 G. Comply with NFPA 110 H. Comply with UL 1008 unless requirements of these Specifications are stricter. 1.5 PROJECT CONDITIONS A. Environmental Limitations: Rate equipment for continuous operation at indicated ampere ratings for the following conditions: 1. Ambient Temperature: 0 to 40 deg C. 2. Relative Humidity: 0 to 95 percent non -condensing. a 3. Altitude: Sea level to 3600 feet. 4. Outdoor, windy and dusty environment, provide NEMA 12 enclosure. 1.6 COORDINATION A. Coordinate size and location of concrete bases. Cast anchor -bolt inserts into bases. Concrete, reinforcement, and formwork requirements are specified by the manufacturer.. 1.7 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Spare Fuses: Furnish no fewer than one set of three of each type and rating. 2. Indicating Lights: Two of each type installed. 3. Ciritical spare parts 1.8 TRAINING A. The Contractor shall (after minimum two weeks written notification to Owner's project manager) conduct one four (4) hour instruction and demonstration session during which all maintenance and operational aspects of the system will be described and demonstrated to personnel selected by the Owner. The session shall be conducted by a contractor's representative thoroughly familiar with the characteristics of the system and the manufacturer's representative.. The training shall be performed by a factory authorized field service engineer. This training will include: 1. Training shall reference and utilize the O&M manuals and "Record Drawings" with the express purpose of familiarizing the owner's operational staff with the documents and a secondary purpose of validating accuracy, completeness and legibility. 2. The instruction shall be dedicated and intensive and shall be provided by competent instructors fully familiar with the equipment. 3. The Owner will provide a suitable classroom environment on site for the instruction session. 4. Vendor shall include professional digital recording (both audio and video) of all instruction and training sessions for use at a later date. Provide four clearly labeled copies of the DVD's of all training sessions. 5. Provide both classroom training and hands-on equipment operation covering the following: TRANSFER SWITCHES 260415 - 4 l a. Safety precautions. t - b. Operation, features and construction of transfer switches and accessories. C. Routine inspection, test and maintenance procedures. d. Routine cleaning. e. Review operating and maintenance manuals. The maintenance manual review occurring on the second training session will use the revised maintenance manual. f. Review troubleshooting operations. g. Review and perform automatic and manual operation of transfer switches 1.9 FIELD TESTING AND COMMISSIONING A. Inspect and test all components in accordance with NETA Acceptance Testing Standard B. Integrated I transfer switch and generator test C. Validate each operating mode D. Simulate each safety shutdown function E. Verify all system functions for manual operation F. Verify all system functions for automatic operation G. Verify operation under all failure modes PART 2-PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Contactor Transfer Switches: a. ASCO (basis for the specification) b. GE Zenith Controls. C. Russelectric, Inc. 2.2 GENERAL TRANSFER -SWITCH PRODUCT REQUIREMENTS A. Indicated Current Ratings: Apply as defined in UL 1008 for continuous loading and total system transfer, including tungsten filament lamp loads not exceeding 30 percent of switch ampere rating, unless otherwise indicated. B. Provide front connected (Required not rear or side access). C. Tested Fault -Current Closing and Withstand Ratings: Adequate for duty imposed by protective devices at installation locations in Project under the fault conditions indicated, based on testing according to UL 1008. D. Solid -State Controls: Repetitive accuracy of all settings shall be plus or minus 2 percent or better over an operating temperature range of minus 20 to plus 70 deg C. TRANSFER SWITCHES 260415 - 5 E. Resistance to Damage by Voltage Transients: Components shall meet or exceed voltage -surge withstand capability requirements when tested according to IEEE C62.41. Components shall -, meet or exceed voltage -impulse withstand test of NEMA ICS 1. F. Electrical Operation: Accomplish by a non -fused, momentarily energized solenoid or electric - motor -operated mechanism, mechanically and electrically interlocked in both directions. G. Switch Characteristics: Designed for continuous -duty repetitive transfer of full -rated current between active power sources. 1. Switch Action: Double throw; mechanically held in both directions. 2. Contacts: Silver composition or silver alloy for load -current switching. Conventional automatic transfer -switch units, rated 225 A and higher, shall have separate arcing contacts. H. Neutral Switching. Provide four -pole switches unless otherwise indicated. Neutral pole shall be rated and tested for full load same as phase poles unless indicated to have oversize neutral and shall be switched simultaneously with phase poles I. Oversize Neutral: Ampacity and switch rating of neutral path through units indicated for oversize neutral shall be double the nominal rating of circuit in which switch is installed. J. Annunciation, Control, and Programming Interface Components: Devices at transfer switches for communicating with remote programming devices, annunciators, or annunciator and control panels shall have communication capability matched with remote device. K. Factory Wiring: Train and bundle factory wiring and label, consistent with Shop Drawings, either by color -code or by numbered or lettered wire and cable tape markers at terminations. 1. Designated Terminals: Pressure type, suitable for types and sizes of field wiring indicated. 2. Power -Terminal Arrangement and Field -Wiring Space: Suitable for top, side, or bottom entrance of feeder conductors as indicated. 3. Control Wiring: Equipped with lugs suitable for connection to terminal strips. L. Enclosures: General-purpose NEMA 250, Type 1 complying with NEMA ICS 6 and UL 508, unless otherwise indicated. 2.3 AUTOMATIC TRANSFER SWITCHES A. Comply with Level 1 equipment according to NFPA 110. B. Switching Arrangement: Double -throw type, incapable of pauses or intermediate position stops during normal functioning, unless otherwise indicated. C. Manual Switch Operation: Under load, with door closed and with either or both sources energized. Transfer time is same as for electrical operation. Control circuit automatically disconnects from electrical operator during manual operation. D. Signal -Before -Transfer Contacts: Provide two sets of normally open/normally closed dry contacts to operates in advance of transfer in either direction. Transfer delay interval shall be independently adjustable in both directions from 1 to 120 seconds. E. Digital Communication Interface: Matched to capability of remote annunciator or annunciator and control panel. TRANSFER SWITCHES 260415 - 6 F. Provide LED push to test in all pilot lights indicators. G. Automatic Transfer -Switch Features: 1. Undervoltage Sensing for Each Phase of Normal Source: Sense low phase -to -ground voltage on each phase. Pickup voltage shall be adjustable from 85 to 100 percent of nominal, and dropout voltage is adjustable from 75 to 98 percent of pickup value. Factory set for pickup at 90 percent and dropout at 85 percent. 2. Adjustable Time Delay: For override of normal -source voltage sensing to delay transfer and engine start signals. Adjustable from zero to 120 seconds, and factory set for 30 seconds. 3. Voltage/Frequency Lockout Relay: Prevent premature transfer to generator. Pickup voltage shall be adjustable from 85 to 100 percent of nominal. Factory set for pickup at 90 percent. Pickup frequency shall be adjustable from 90 to 100 percent of nominal. Factory set for pickup at 95 percent. 4. Time Delay for Retransfer to Normal Source: Adjustable from 0 to 30 minutes, and factory set for 10 minutes to automatically defeat delay on loss of voltage or sustained undervoltage of emergency source, provided normal supply has been restored. 5. Test Switch: Simulate normal -source failure. 6. Preferred source selector switch. 7. Switch -Position push to test LED Pilot Lights: Indicate source to which load is connected. 8. Source -Available push to test LED Indicating Lights: Supervise sources via transfer - switch normal- and emergency -source sensing circuits. a. Normal Power Supervision: Green push to test LED light with nameplate engraved "Normal Source Available." b. Emergency Power Supervision: Red push to test LED light with nameplate engraved "Emergency Source Available." 9. Unassigned Auxiliary Contacts: Two normally open, single -pole, double -throw contacts for each switch position, rated 10 A at 240-V ac. 10. Transfer Override Switch: Overrides automatic retransfer control so automatic transfer switch will remain connected to emergency power source regardless of condition of normal source. LED Pilot light indicates override status. 11. Engine Starting Contacts: One isolated and normally closed, and one isolated and normally open; rated 10 A at 32-V do minimum. 12. Engine Shutdown Contacts: Time delay adjustable from zero to five minutes, and factory set for five minutes. Contacts shall initiate shutdown at remote engine -generator controls after retransfer of load to normal source. 13. Engine -Generator Exerciser: Solid-state, programmable -time switch starts engine generator and transfers load to it from normal source for a preset time, then retransfers and shuts down engine after a preset cool -down period. Initiates exercise cycle at preset intervals adjustable from 7 to 30 days. Running periods are adjustable from 10 to 30 minutes. Factory settings are for 7-day exercise cycle, 20-minute running period, and 5- minute cool -down period. Exerciser features include the following: a. Exerciser Transfer Selector Switch: Permits selection of exercise with and without load transfer. b. Push-button programming control with digital display of settings. C. Integral battery operation of time switch when normal control power is not available. 2.4 Automatic transfer switch Unit monitoring 1. All operator controls and instrumentation shall be visible on the front door 2. The monitored parameters and alarms shall be communicated via TCP/IP over Ethernet or MODBUS TCP/IP protocols via Category 5E or better cable media. The site shall TRANSFER SWITCHES 260415 - 7 provide one IP address for each ATS. Manufacturer shall coordinate with the IMCS supplier to ensure all alarm data is map.. 3. Monitor and display the following parameters: 1) Voltage: Both sources - A-B, B-C, C-A, A-N, B-N, C-N all displayed simultaneously for instant comparison by operator; + 2% accuracy (at nominal voltage) 2) Current: Both sources - A, B, C,; all displayed simultaneously for instant comparison by operator; + 2% accuracy (at nominal voltage) 3) Transfer counter date and time -stamped a) From first day use b) Since last reset b. Automatic Transfer Switch Output 1) Line -to -Line all phases 2) Line -to -Neutral all phase 3) Output current all phases 4) Neutral current 5) Apparent Power (KVA) 6) Real Power (KW) 7) Power Factor 8) Output Total Harmonic Distortion (%THD) 9) Phase loss 10) Reverse phase rotation 11) Ground current with alarm only C. Alarm: Annunciate by audible alarm and alarm message the following conditions: 1) Preferred Source Input Failed 2) Preferred Source CB Tripped 3) Preferred Source Over voltage 4) Preferred Source Under voltage 5) Preferred Source Over frequency 6) Preferred Source Under frequency 7) ATS Output Over voltage 8) ATS Output Under voltage 9) ATS Output Over frequency 10) ATS Output Under frequency a 11) ATS Output Voltage THD Over Limit 12) ATS Output Phase Rotation Error 13) ATS Output Phase Loss d. ATS Preferred source e. ATS Energized current path 2.5 TERMINATIONS A. Provide terminations and wire bending for conductors indicated. B. Provide compression type terminations for phase, neutral and equipment grounding conductors. Terminations shall be UL listed for conductor type used, location and application. 2.6 SOURCE QUALITY CONTROL A. Factory test and inspect components, assembled switches, and associated equipment. Ensure proper operation. Check transfer time and voltage, frequency, and time -delay settings for compliance with specified requirements. Perform dielectric strength test complying with NEMA ICS 1. TRANSFER SWITCHES 260415 - 8 PART 3 - EXECUTION 3.1 INSTALLATION (by Installing Contractor) A. Arrange automatic transfer switches to provide adequate access to equipment and circulation of cooling air. B. Identify equipment and install warning signs according to Division 26 Section "Electrical Identification." C. Floor -Mounting Switch: Anchor to floor by bolting. 1. Concrete Bases: 4 inches(100 mm) high, reinforced, with chamfered edges. Extend base no more than 4 inches(100 mm) in all directions beyond the maximum dimensions of switch, unless otherwise indicated or unless required for seismic support. D. Wall Mounted: Surface wall mounting is standard unless otherwise indicated and when transfer switch is larger than 400 amperes. Provide adequate backing for surface mounting. E. Set field -adjustable intervals and delays, relays, and engine exerciser clock. F. Labels 1. Identification Nameplate 2. Operating Instructions 3. Every replaceable component shall be indelibly labeled and the label shall match the spare parts list provided with the O&M submittal 4. Provide Arc -flash label affixed to the outside of the ATS equipment 3.2 CONNECTIONS (by Installing Contractor) A. Ground equipment according to Division 26 Section "Grounding and Bonding" And NEC Article 250. B. Factory and field distribution breaker connections shall be hydraulic tool compression connectors. C. Connect branch wiring according to Division 26 Section 'low -voltage electrical power conductors and cables". D. Make ATS input feeder connections with hydraulic tool compression connectors. 3.3 CONNECTIONS (by Installing Contractor) A. Wiring to Generator (If required): Coordinate engine generator starting signal with generator manufacturer. Match type and number of cables and conductors for control and communication requirements of transfer switches as recommended by manufacturer. Provide raceway sized per NEC for control and communication cabling. B. Ground equipment according to Division 26 Section "Grounding and Bonding for Electrical Systems." C. Connect wiring according to Division 26 Section "Low -Voltage Electrical Power Conductors and Cables." TRANSFER SWITCHES 260415 - 9 _, - 1 3.4 FIELD QUALITY CONTROL (by Installing Contractor) A. Perform tests and inspections and prepare test reports (by installing contractor) 1. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification for circuit breakers, molded case; and for transformers, dry type, air cooled, low voltage, small. Certify compliance with test parameters. 2. Verify torque on every screw and bolted connection within the ATS. 3. Perform functional tests of ATS throughout their operating ranges. Test each monitoring, status, and alarm function 4. Measure insulation resistance phase -to -phase and phase -to -ground with insulation - resistance tester. Include external annunciation and control circuits. Use test voltages and procedure recommended by manufacturer. Comply with manufacturer's specified minimum resistance. a. Check for electrical continuity of circuits and for short circuits. b. Inspect for physical damage, proper installation and connection, and integrity of barriers, covers, and safety features. C. Verify that manual transfer warnings are properly placed. d. Perform manual transfer operation. 5. Simulate failure modes and verify correct system responses 6. Remove malfunctioning units, replace with new units, and retest as specified above. B. Manufacturer's Field Service: Engage a factory -authorized service representative to inspect, test, and adjust components, assemblies, and equipment installations, including connections, and to assist in testing. C. Test Labeling: On completion of satisfactory testing of each unit, attach a dated and signed "Satisfactory Test" label to tested component. D. Perform tests and inspections and prepare test reports. After energizing circuits, demonstrate interlocking sequence and operational function for each switch at least three times. a. Simulate power failures of normal source to automatic transfer switches and of emergency source with normal source available. b. Simulate loss of phase -to -ground voltage for each phase of normal source. C. Verify time -delay settings. d. Verify pickup and dropout voltages by data readout or inspection of control settings. e. Test bypass/isolation unit functional modes and related automatic transfer -switch operations. f. Perform contact -resistance test across main contacts and correct values exceeding 500 microhms and values for 1 pole deviating by more than 50 percent from other poles. g. Verify proper sequence and correct timing of automatic engine starting, transfer time delay, retransfer time delay on restoration of normal power, and engine cool - down and shutdown. 2. Ground -Fault Tests: Coordinate with testing of ground -fault protective devices for power delivery from both sources. Verify grounding connections and locations and ratings of sensors. i E. If required Coordinate tests with tests of generator and run them concurrently. TRANSFER SWITCHES 260415 - 10 (__, F. Report results of tests and inspections in writing. Record adjustable relay settings and measured insulation and contact resistances and time delays. Attach a label or tag to each tested component indicating satisfactory completion of tests. G. Remove and replace malfunctioning units and retest as specified above. 3.5 CLEANING (by Installing Contractor) A. Vacuum all dirt and debris; do not use compressed air to assist in cleaning 3.6 DEMONSTRATION AND TRAINING A. Engage a factory -authorized service representative to demonstrate system operation and train Owner's maintenance personnel to adjust, operate, and maintain ATSs. Refer to Division 1 Section "Demonstration and Training." B. If required coordinate this training with generator equipment. END OF SECTION 26415 TRANSFER SWITCHES 260415 - 11 SECTION 260519 - LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Building wires and cables rated 600 V and less. 2. Connectors, splices, and terminations rated 600 V and less. 1.3 DEFINITIONS A. EPDM: Ethylene-propylene-diene terpolymer rubber. B. NBR: Acrylonitrile-butadiene rubber. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product indicated. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For testing agency. B. Field quality -control test reports. 1.6 QUALITY ASSURANCE A. Testing Agency Qualifications: An independent agency, with the experience and capability to conduct the testing indicated, that is a member company of the InterNational Electrical Testing Association or is a nationally recognized testing laboratory (NRTL) as defined by OSHA in 29 CFR 1910.7, and that is acceptable to authorities having jurisdiction. 1. Testing Agency's Field Supervisor: Person currently certified by the InterNational Electrical Testing Association or the National Institute for Certification in Engineering Technologies to supervise on -site testing specified in Part 3. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. C. Comply with NFPA 70. LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 1 PART 2 - PRODUCTS 9 ` I 2.1 CONDUCTORS AND CABLES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Alcan Products Corporation; Alcan Cable Division. 2. American Insulated Wire Corp.; a Leviton Company. 3. General Cable Corporation. 4. Senator Wire & Cable Company. 5. Southwire Company. B. Copper Conductors: Comply with NEMA WC 70. C. Conductor Insulation: Comply with NEMA WC 70 for Types THHN-THWN. D. Multiconductor Cable: Comply with NEMA WC 70 for metal -clad cable, Type MC with ground wire for light fixtures only. 2.2 CONNECTORS AND SPLICES A. Manufacturers: Subject to compliance with requirements, provide products by one of the _ following: 1. AFC Cable Systems, Inc. 2. Hubbell Power Systems, Inc. 3. O-Z/Gedney; EGS Electrical Group LLC. 4. 3M; Electrical Products Division. 5. Tyco Electronics Corp. I _J B. Description: Factory -fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. PART 3 - EXECUTION 1 i 3.1 CONDUCTOR MATERIAL APPLICATIONS A. Feeders: Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. B. Branch Circuits: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. I 3.2 CONDUCTOR INSULATION AND MULTICONDUCTOR CABLE APPLICATIONS AND WIRING METHODS A. Service Entrance: Type THHN-THWN, single conductors in raceway. B. Exposed Feeders: Type THHN-THWN, single conductors in raceway. C. Feeders Concealed in Ceilings, Walls, Partitions, and Crawlspaces: Type THHN-THWN, single conductors in raceway. LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 2 i? if I D. Feeders Concealed in Concrete, below Slabs -on -Grade, and Underground: Type THHN- THWN, single conductors in raceway. E. Branch Circuits Concealed in Ceilings, Walls, and Partitions: Type THHN-THWN, single conductors in raceway. F. Branch Circuits Concealed in Concrete, below Slabs -on -Grade, and Underground: Type THHN-THWN, single conductors in raceway. G. Cord Drops and Portable Appliance Connections: Type SO, hard service cord with stainless - steel, wire -mesh, strain relief device at terminations to suit application. H. Class 1 Control Circuits: Type THHN-THWN, in raceway. I. Class 2 Control Circuits: Type THHN-THWN, in raceway. 3.3 INSTALLATION OF CONDUCTORS AND CABLES A. Conceal cables in finished walls, ceilings, and floors, unless otherwise indicated. B. Use manufacturer -approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. C. Use pulling means, including fish tape, cable, rope, and basket -weave wire/cable grips, that will not damage cables or raceway. D. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. E. Support cables according to Division 26 Section "Hangers and Supports for Electrical Systems." F. Identify and color -code conductors and cables according to Division 26 Section "Identification for Electrical Systems." 3.4 CONNECTIONS A. Tighten electrical connectors and terminals according to manufacturer's published torque - tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. B. Make splices and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. 1. Use oxide inhibitor in each splice and tap conductor for aluminum conductors. C. Wiring at Outlets: Install conductor at each outlet, with at least 12 inches of slack. 3.5 SLEEVE AND SLEEVE -SEAL INSTALLATION FOR ELECTRICAL PENETRATIONS A. Install sleeves and sleeve seals at penetrations of exterior floor and wall assemblies. Comply with requirements in Division 26 Section "Sleeves and Sleeve Seals for Electrical Raceways and Cabling." LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 3 s 3.6 FIRESTOPPING A. Apply firestopping to electrical penetrations of fire -rated floor and wall assemblies to restore original fire -resistance rating of assembly according to Division 07 Section "Penetration Firestopping." 3.7 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified testing agency to perform tests and inspections and prepare test reports. B. Perform tests and inspections and prepare test reports. C. Tests and Inspections: 1. After installing conductors and cables and before electrical circuitry has been energized, test service entrance and feeder conductors, and conductors feeding the following critical equipment and services for compliance with requirements. 2. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. _ 3. Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each splice in cables and conductors No. 3 AWG and larger. Remove box and equipment covers so splices are accessible to portable scanner. a. Instrument: Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. b. Record of Infrared Scanning: Prepare a certified report that identifies splices A checked and that describes scanning results. Include notation of deficiencies - detected, remedial action taken, and observations after remedial action. D. Test Reports: Prepare a written report to record the following: 1. Test procedures used. 2. Test results that comply with requirements. 3. Test results that do not comply with requirements and corrective action taken to achieve compliance with requirements. E. Remove and replace malfunctioning units and retest as specified above. END OF SECTION LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 4 t--1 SECTION 260526 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Informational Submittals: Plans showing dimensioned as -built locations of grounding features specified in "Field Quality Control" Article, including the following: 1. Ground rods. 2. Grounding rings. 3. Grounding for sensitive electronic equipment. C. Qualification Data: For qualified testing agency and testing agency's field supervisor. D. Field quality -control reports. E. Operation and Maintenance Data: For grounding to include in emergency, operation, and maintenance manuals. In addition to items specified in Division 01 Section "Operation and Maintenance Data," include the following: 1. Instructions for periodic testing and inspection of grounding features at ground rings grounding connections for separately derived systems based on NETA MTS. a. Tests shall determine if ground -resistance or impedance values remain within specified maximums, and instructions shall recommend corrective action if values do not. b. Include recommended testing intervals. 1.3 QUALITY ASSURANCE A. Testing Agency Qualifications: Member company of NETA or an NRTL. 1. Testing Agency's Field Supervisor: Currently certified by NETA to supervise on -site testing. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. Comply with UL 467 for grounding and bonding materials and equipment. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 1 PART 2 - PRODUCTS 2.1 CONDUCTORS A. Insulated Conductors: Copper or tinned -copper wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction. B. Bare Copper Conductors: 1. Solid Conductors: ASTM B 3. 2. Stranded Conductors: ASTM B 8. 3. Bonding Cable: 28 kcmil, 14 strands of No. 17 AWG conductor, 1/4 inch in diameter. 4. Bonding Conductor: No. 4 or No. 6 AWG, stranded conductor. 5. Bonding Jumper: Copper tape, braided conductors terminated with copper ferrules; 1-5/8 inches wide and 1/16 inch thick. C. Grounding Bus: Predrilled rectangular bars of annealed copper, 1/4 by 4 inches in cross section, with 9/32-inch holes spaced 1-1/8 inches apart. Stand-off insulators for mounting shall comply with UL 891 for use in switchboards, 600 V. Lexan or PVC, impulse tested at 5000 V. 2.2 CONNECTORS A. Listed and labeled by an NRTL acceptable to authorities having jurisdiction for applications inLl which used and for specific types, sizes, and combinations of conductors and other items connected. B. Bolted Connectors for Conductors and Pipes: Copper or copper alloy, pressure type with at least two bolts. 1. Pipe Connectors: Clamp type, sized for pipe. C. Welded Connectors: Exothermic -welding kits of types recommended by kit manufacturer for materials being joined and installation conditions. �j 2.3 GROUNDING ELECTRODES t-� A. Ground Rods: Copper -clad steel, sectional type; 3/4 inch by 10 feet in diameter.Li PART 3 - EXECUTION 3.1 APPLICATIONS A. Conductors: Install solid conductor for No. 8 AWG and smaller, and stranded conductors for No. 6 AWG and larger unless otherwise indicated. B. Underground Grounding Conductors: Install bare tinned -copper conductor, No. 2/0 AWG minimum. 1. Bury at least 24 inches below grade. C. Grounding Bus: Install in electrical and telephone equipment rooms, in rooms housing service equipment, and elsewhere as indicated. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 2 l t 1. Install bus on insulated spacers 1 inch minimum from wall, 6 inches above finished floor unless otherwise indicated. D. Conductor Terminations and Connections: 1. Pipe and Equipment Grounding Conductor Terminations: Bolted connectors. 2. Underground Connections: Welded connectors except at test wells and as otherwise indicated. --:, 3. Connections to Structural Steel: Welded connectors. 3.2 GROUNDING UNDERGROUND DISTRIBUTION SYSTEM COMPONENTS A. Comply with IEEE C2 grounding requirements. B. Pad -Mounted Transformers and Switches: Install two ground rods and ground ring around the pad. Ground pad -mounted equipment and noncurrent -carrying metal items associated with substations by connecting them to underground cable and grounding electrodes. Install tinned - copper conductor not less than No. 2 AWG for ground ring and for taps to equipment grounding terminals. Bury ground ring not less than 6 inches from the foundation. 3.3 EQUIPMENT GROUNDING A. Install insulated equipment grounding conductors with the following items, in addition to those required by NFPA 70: 1. Feeders and branch circuits. 2. Lighting circuits. 3. Receptacle circuits. 4. Single-phase motor and appliance branch circuits. 5. Three-phase motor and appliance branch circuits. 6. Flexible raceway runs. 7. Computer and Rack -Mounted Electronic Equipment Circuits: Install insulated equipment grounding conductor in branch -circuit runs from equipment -area power panels and power -distribution units. B. Air -Duct Equipment Circuits: Install insulated equipment grounding conductor to duct -mounted electrical devices operating at 120 V and more, including air cleaners, heaters, dampers, humidifiers, and other duct electrical equipment. Bond conductor to each unit and to air duct and connected metallic piping. C. Isolated Grounding Receptacle Circuits: Install an insulated equipment grounding conductor connected to the receptacle grounding terminal. Isolate conductor from raceway and from panelboard grounding terminals. Terminate at equipment grounding conductor terminal of the applicable derived system or service unless otherwise indicated. D. Isolated Equipment Enclosure Circuits: For designated equipment supplied by a branch circuit or feeder, isolate equipment enclosure from supply circuit raceway with a nonmetallic raceway fitting listed for the purpose. Install fitting where raceway enters enclosure, and install a separate insulated equipment grounding conductor. Isolate conductor from raceway and from panelboard grounding terminals. Terminate at equipment grounding conductor terminal of the applicable derived system or service unless otherwise indicated. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 3 L,; f 14 3.4 INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. B. Ground Rods: Drive rods until tops are 2 inches below finished floor or final grade unless otherwise indicated. 1. Interconnect ground rods with grounding electrode conductor below grade and as otherwise indicated. Make connections without exposing steel or damaging coating if any. C. Bonding Straps and Jumpers: Install in locations accessible for inspection and maintenance except where routed through short lengths of conduit. 1. Bonding to Structure: Bond straps directly to basic structure, taking care not to penetrate any adjacent parts. 2. Bonding to Equipment Mounted on Vibration Isolation Hangers and Supports: Install bonding so vibration is not transmitted to rigidly mounted equipment. 3. Use exothermic -welded connectors for outdoor locations; if a disconnect -type connection is required, use a bolted clamp. D. Grounding and Bonding for Piping: 1. Metal Water Service Pipe: Install insulated copper grounding conductors, in conduit, �' from building's main service equipment, or grounding bus, to main metal water service entrances to building. Connect grounding conductors to main metal water service pipes; use a bolted clamp connector or bolt a lug -type connector to a pipe flange by using one of the lug bolts of the flange. Where a dielectric main water fitting is installed, connect grounding conductor on street side of fitting. Bond metal grounding conductor conduit or sleeve to conductor at each end. 2. Water Meter Piping: Use braided -type bonding jumpers to electrically bypass water _ meters. Connect to pipe with a bolted connector. E. Bonding Interior Metal Ducts: Bond metal air ducts to equipment grounding conductors of associated fans, blowers, electric heaters, and air cleaners. Install tinned bonding jumper to bond across flexible duct connections to achieve continuity. F. Grounding for Steel Building Structure: Install a driven ground rod at base of each corner column and at intermediate exterior columns at distances not more than 60 feet apart. 3.5 LABELING A. 3.6 A. B. Comply with requirements in Division 26 Section "Identification for Electrical Systems" Article for instruction signs. The label or its text shall be green. FIELD QUALITY CONTROL Testing Agency: Engage a qualified testing agency to perform tests and inspections. Perform the following test and inspections and prepare test reports: 1. After installing grounding system but before permanent electrical circuits have been energized, test for compliance with requirements. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS �J 260526 - 4 j G t i 2. Test completed grounding system at each location where a maximum ground -resistance level is specified, at service disconnect enclosure grounding terminal, and at individual ground rods. Make tests at ground rods before any conductors are connected. a. Measure ground resistance no fewer than two full days after last trace of precipitation and without soil being moistened by any means other than natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. {{ b. Perform tests by fall -of -potential method according to IEEE 81. 3. Prepare dimensioned Drawings locating each test well, ground rod and ground -rod assembly, and other grounding electrodes. Identify each by letter in alphabetical order, and key to the record of tests and observations. Include the number of rods driven and their depth at each location, and include observations of weather and other phenomena that may affect test results. Describe measures taken to improve test results. C. Report measured ground resistances that exceed the following values: 1 Power and Lighting Equipment or System with Capacity of 500 WA and Less 10 ohms. 2. Power Distribution Units or Panelboards Serving Electronic Equipment: 1 ohm(s). _4. D. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Architect promptly and include recommendations to reduce ground resistance. END OF SECTION GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 - 5 SECTION 260533 - RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS t PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes raceways, fittings, boxes, enclosures, and cabinets for electrical wiring. B. Related Sections include the following: 1. Division 26 Section "Underground Ducts and Raceways for Electrical Systems" for exterior ductbanks, manholes, and underground utility construction. 1.3 DEFINITIONS A. EMT: Electrical metallic tubing. B. ENT: Electrical nonmetallic tubing. t C. LFMC: Liquidtight flexible metal conduit. 1.4 SUBMITTALS A. Product Data: For surface raceways, wireways and fittings, floor boxes, hinged -cover _d enclosures, and cabinets. B. Shop Drawings: For the following raceway components. Include plans, elevations, sections, details, and attachments to other work. 1. Custom enclosures and cabinets. 2. For handholes and boxes for underground wiring, including the following: a. Duct entry provisions, including locations and duct sizes. _t b. Frame and cover design. C. Grounding details. d. Dimensioned locations of cable rack inserts, and pulling -in and lifting irons. e. Joint details. C. Coordination Drawings: Conduit routing plans, drawn to scale, on which the following items are shown and coordinated with each other, based on input from installers of the items involved: { 1. Structural members in the paths of conduit groups with common supports. 2. HVAC and plumbing items and architectural features in the paths of conduit groups with ;- common supports. D. Qualification Data: For professional engineer and testing agency. E. Source quality -control test reports. j RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 1 i 1.5 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. PART 2 - PRODUCTS 2.1 METAL CONDUIT AND TUBING A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. AFC Cable Systems, Inc. 2. Alflex Inc. 3. Allied Tube & Conduit; a Tyco International Ltd. Co. 4. Anamet Electrical, Inc.; Anaconda Metal Hose. 5. Electri-Flex Co. 6. Manhattan/CDT/Cole-Flex. 7. Maverick Tube Corporation. 8. O-Z Gedney; a unit of General Signal. 9. Wheatland Tube Company. B. Rigid Steel Conduit: ANSI C80.1. C. EMT: ANSI C80.3. D. LFMC: Flexible steel conduit with PVC jacket. E. Fittings for Conduit (Including all Types and Flexible and Liquidtight), EMT, and Cable: NEMA FB 1; listed for type and size raceway with which used, and for application and environment in which installed. 1. Fittings for EMT: compression type for 1-1/2" and smaller and double set screw for 2" and larger. F. Joint Compound for Rigid Steel Conduit or IMC: Listed for use in cable connector assemblies, and compounded for use to lubricate and protect threaded raceway joints from corrosion and t _, enhance their conductivity. 2.2 NONMETALLIC CONDUIT AND TUBING A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. AFC Cable Systems, Inc. 2. Anamet Electrical, Inc.; Anaconda Metal Hose. 3. Arnco Corporation. 4. CANTEX Inc. 5. CertainTeed Corp.; Pipe & Plastics Group. 6. Condux International, Inc. 7. ElecSYS, Inc. .-• 8. Electri-Flex Co. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 2 9. Lamson & Sessions; Carlon Electrical Products. 10. Manhattan/CDT/Cole-Flex. ? 11. RACO; a Hubbell Company. 12. Thomas & Betts Corporation. B. ENT: NEMA TC 13. f - C. RNC: NEMA TC 2, Type EPC-40-PVC, unless otherwise indicated. 2.3 OPTICAL FIBER/COMMUNICATIONS CABLE RACEWAY AND FITTINGS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Arnco Corporation. 2. Endot Industries Inc. 3. IPEX Inc. 4. Lamson & Sessions; Carlon Electrical Products. B. Description: Comply with UL 2024; flexible type, approved for general use installation. 2.4 BOXES, ENCLOSURES, AND CABINETS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Cooper Crouse -Hinds; Div. of Cooper Industries, Inc. 2. Hoffman. 3. Hubbell Incorporated; Killark Electric Manufacturing Co. Division. 4. RACO; a Hubbell Company. 5. Thomas & Betts Corporation. _ B. Sheet Metal Outlet and Device Boxes: NEMA OS 1. C. Cast -Metal Outlet and Device Boxes: NEMA FB 1, aluminum, Type FD, with gasketed cover. ' D. Nonmetallic Outlet and Device Boxes: NEMA OS 2. E. Metal Floor Boxes: Cast metal, fully adjustable, rectangular. F. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1. G. Cast -Metal Access, Pull, and Junction Boxes: NEMA FB 1, galvanized, cast iron with gasketed cover. H. Hinged -Cover Enclosures: NEMA 250, Type 1, with continuous -hinge cover with flush latch, ` unless otherwise indicated. ( j 1. Metal Enclosures: Steel, finished inside and out with manufacturer's standard enamel. 1. Cabinets: 1. NEMA 250, Type 1, galvanized -steel box with removable interior panel and removable_ s 4 front, finished inside and out with manufacturer's standard enamel. 2. Hinged door in front cover with flush latch and concealed hinge. , 3. Key latch to match panelboards. I 4. Metal barriers to separate wiring of different systems and voltage.-' RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 3 it 5. Accessory feet where required for freestanding equipment. 2.5 SLEEVES FOR RACEWAYS A. Steel Pipe Sleeves: ASTM A 53/A 53M, Type E, Grade B, Schedule 40, galvanized steel, plain ends. B. Cast -Iron Pipe Sleeves: Cast or fabricated "wall pipe," equivalent to ductile -iron pressure pipe, with plain ends and integral waterstop, unless otherwise indicated. C. Sleeves for Rectangular Openings: Galvanized sheet steel with minimum 0.052- or 0.138-inch thickness as indicated and of length to suit application. D. Coordinate sleeve selection and application with selection and application of firestopping specified in Division 07 Section "Penetration Firestopping." 2.6 SLEEVE SEALS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Advance Products & Systems, Inc. 2. Calpico, Inc. 3. Metraflex Co. 4. Pipeline Seal and Insulator, Inc. B. Description: Modular sealing device, designed for field assembly, to fill annular space between sleeve and cable. 1. Sealing Elements: EPDM interlocking links shaped to fit surface of cable or conduit. Include type and number required for material and size of raceway or cable. 2. Pressure Plates: Plastic. Include two for each sealing element. 3. Connecting Bolts and Nuts: Carbon steel with corrosion -resistant coating of length required to secure pressure plates to sealing elements. Include one for each sealing element. PART 3 - EXECUTION 3.1 RACEWAY APPLICATION A. Outdoors: Apply raceway products as specified below, unless otherwise indicated: 1. Exposed Conduit: Rigid steel conduit. 2. Concealed Conduit, Aboveground: Rigid steel conduit. 3. Underground Conduit: RNC, Type EPC-40-PVC, direct buried. 4. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor -Driven Equipment): LFMC (Sealtite). 5. Boxes and Enclosures, Aboveground: NEMA 250, Type 3R. 6. Application of Handholes and Boxes for Underground Wiring: a. Handholes and Pull Boxes in Driveway, Parking Lot, and Off -Roadway Locations, Subject to Occasional, Nondeliberate Loading by Heavy Vehicles: Polymer concrete, SCTE 77, Tier 15 structural load rating. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 4 t_< 13 C. D. 3.2 A. B. C. D. E. F. G. b. Handholes and Pull Boxes in Sidewalk and Similar Applications with a Safety Factor for Nondeliberate Loading by Vehicles: Polymer -concrete units, SCTE 77, Tier 8 structural load rating. C. Handholes and Pull Boxes Subject to Light -Duty Pedestrian Traffic Only: Fiberglass -reinforced polyester resin, structurally tested according to SCTE 77 with 3000-lbf vertical loading. Comply with the following indoor applications, unless otherwise indicated: 1. Exposed, Not Subject to Physical Damage: EMT. 2. Exposed, Not Subject to Severe Physical Damage: EMT. 3. Exposed and Subject to Severe Physical Damage: Rigid steel conduit. Includes raceways in the following locations: a. Loading dock. b. Corridors used for traffic of mechanized carts, forklifts, and pallet -handling units. C. Mechanical rooms. 4. Concealed in Ceilings and Interior Walls and Partitions: EMT. 5. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor -Driven Equipment): FMC, except use LFMC in damp or wet locations. 6. Damp or Wet Locations: Rigid steel conduit. 7. Raceways for Optical Fiber or Communications Cable in Spaces Used for Environmental Air: Plenum -type, optical fiber/communications cable raceway. 8. Raceways for Optical Fiber or Communications Cable Risers in Vertical Shafts: EMT. 9. Raceways for Concealed General Purpose Distribution of Optical Fiber or Communications Cable: General -use, optical fiber/communications cable raceway. 10. Boxes and Enclosures: NEMA 250, Type 1, except use NEMA 250, Type 4, stainless steel in damp or wet locations. Minimum Raceway Size: 3/4-inch trade size. Raceway Fittings: Compatible with raceways and suitable for use and location. 1. Rigid Steel Conduit: Use threaded rigid steel conduit fittings, unless otherwise indicated. INSTALLATION Comply with NECA 1 for installation requirements applicable to products specified in Part 2 except where requirements on Drawings or in this Article are stricter. Keep raceways at least 6 inches away from parallel runs of flues and steam or hot-water pipes. Install horizontal raceway runs above water and steam piping. Complete raceway installation before starting conductor installation. Support raceways as specified in Division 26 Section "Hangers and Supports for Electrical Systems." Arrange stub -ups so curved portions of bends are not visible above the finished slab. Conceal conduit and EMT within finished walls, ceilings, and floors, unless otherwise indicated. No horizontal conduit installations in walls will be acceptable unless under windows or approved for specific locations. All conduit runs in wall shall be vertical to above wall height to ceiling space above. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 5 H. Raceways Embedded in Slabs: -e 1. Run conduit larger than 1-inch trade size, parallel or at right angles to main reinforcement. Where at right angles to reinforcement, place conduit close to slab support. 2. Arrange raceways to cross building expansion joints at right angles with expansion fittings. 3. Change from Type EPC-40-PVC, rigid steel conduit, before rising above the floor. Threaded Conduit Joints, Exposed to Wet, Damp, Corrosive, or Outdoor Conditions: Apply listed compound to threads of raceway and fittings before making up joints. Follow compound manufacturer's written instructions. Raceway Terminations at Locations Subject to Moisture or Vibration: Use insulating bushings to protect conductors, including conductors smaller than No. 4 AWG. K. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb tensile strength. Leave at least 12 inches of slack at each end of pull wire. L. Flexible Conduit Connections: Use maximum of 72 inches of flexible conduit for recessed and semirecessed lighting fixtures, equipment subject to vibration, noise transmission, or movement; and for transformers and motors. 1. Use LFMC in damp or wet locations subject to severe physical damage. 2. Use LFMC or LFNC in damp or wet locations not subject to severe physical damage. M. Recessed Boxes in Masonry Walls: Saw -cut opening for box in center of cell of masonry block, and install box flush with surface of wall. N. Set metal floor boxes level and flush with finished floor surface. 3.3 INSTALLATION OF UNDERGROUND CONDUIT A. Direct -Buried Conduit: 1. Excavate trench bottom to provide firm and uniform support for conduit. Prepare trench bottom as specified in Division 31 Section "Earth Moving" for pipe less than 6 inches in nominal diameter. 2. Install backfill as specified in Division 31 Section "Earth Moving." 3. After installing conduit, backfill and compact. Start at tie-in point, and work toward end of conduit run, leaving conduit at end of run free to move with expansion and contraction as temperature changes during this process. Firmly hand tamp backfill around conduit to provide maximum supporting strength. After placing controlled backfill to within 12 inches of finished grade, make final conduit connection at end of run and complete backfilling with normal compaction as specified in Division 31 Section "Earth Moving." 4. Install manufactured duct elbows for stub -ups at poles and equipment and at building entrances through the floor, unless otherwise indicated. Encase elbows for stub -up ducts throughout the length of the elbow. 5. Install manufactured rigid steel conduit elbows for stub -ups at poles and equipment and at building entrances through the floor. a. Couple steel conduits to ducts with adapters designed for this purpose, and encase coupling with 3 inches of concrete. b. For stub -ups at equipment mounted on outdoor concrete bases, extend steel conduit horizontally a minimum of 60 inches from edge of equipment pad or foundation. Install insulated grounding bushings on terminations at equipment. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 6 3.4 SLEEVE INSTALLATION FOR ELECTRICAL PENETRATIONS application of firestoppin9 A. Coordinate sleeve selection and application with selection and 07 Section "Penetration Firestopping." B. C. [7 specified in Division ereor ct on of slabs and lwallscore-drilled holes or formed Concrete Slabs and Walls: Install sleeve openings are used. Install sleeves during Use pipe sleeves unless penetration arrangement requires rectangular sleeved opening. Rectangular Sleeve Minimum Metal Thickness: 1. For sleeve cross-section rectangle perimeter less than 50 inches and no side greater than 16 inches, thickness shall be 0.052 inch. 2. For sleeve cross-section rectanghan, 16 inchesle perimeter , thick kn s ual to, orgreater be 0.138 inch. and 1 or 'd s equal to or greater E. F. G. H. 1. J. K. L. M. N. more si e o s stem used are fabricated during construction of floor Fire -Rated Assemblies: Install sleeves for penetrations of fire -rated floor and wall assemblies unless openings compatible with fires p Y or wall. Cut sleeves to length for mounting flush with both surfaces of walls. Extend sleeves installed in floors 2 inches above finished floor le Size pipe sleeves to provide 1/4-inch annular clear space between sleeve and raceway unless sleeve seal is to be installed or unless seismic criteria require different clearance. and with Seal space outside ofsleeves ypsum board assemb) es'ons of concrete and masonry approved joint compoundfor9 Interior Penetrations ofNon-Fire-RatedWalls and Floors: Seal annular space between sleeve and raceway, using joint sealant appropriate for size, depth, and location of joint. Refer to p Division 07 Section "Joint Sealants" for materials and installation. Penetrations: Maintain indicated fire rating of walls, partitions, ceilings, Fire -Rated -Assembly and floors at raceway penetrations. Install sleeves and seal with firestop materials. Comply with Division 07 Section "Penetration Firestoppin9" Roof -Penetration Sleeves: Seal penetration of individual raceways with flexible, boot -type flashing units applied in coordination with Aboveground, Exterior -Wall Penetrations: Seal penetrations using sleeves and mechanical sleeve seals. Select sleeve siztoflow for 1-inch annular clear space between pip sleeve for installing mechanical sleeve Underground, Exterior -Wall Penetrations: Install cast-iron "wall pipes" for sleeves. Size sleeves to allow for 1-inch annular clear space between raceway and sleeve for installing mechanical sleeve seals. 3.5 SLEEVE -SEAL INSTALLATION A. Install to seal underground, exterior wall penetrations. manufacturer for raceway material B. Use type and number of sealing elements recommended by pressure plates that and size. Position raceway in center of sleeve. epee. Ass ighten bolts aagainst pre seals and install in annular space between raceway and cause sealing elements to expand and make watertight seal. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS Pi LJ t i 260533`=-7 3.6 FIRESTOPPING A. Apply firestopping to electrical penetrations of fire -rated floor and wall assemblies to restore original fire -resistance rating of assembly. Firestopping materials and installation requirements are specified in Division 07 Section "Penetration Firestopping." 3.7 PROTECTION A. Provide final protection and maintain conditions that ensure coatings, finishes, and cabinets are without damage or deterioration at time of Substantial Completion. 1. Repair damage to galvanized finishes with zinc -rich paint recommended by manufacturer. 2. Repair damage to PVC or paint finishes with matching touchup coating recommended by manufacturer. END OF SECTION RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 - 8 SECTION 260553 - IDENTIFICATION FOR ELECTRICAL SYSTEMS s I PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Identification for raceways. 2. Identification of power and control cables. 3. Identification for conductors. 4. Underground -line warning tape. 5. Warning labels and signs. 6. Instruction signs. 7. Equipment identification labels. 8. Miscellaneous identification products. 1.3 SUBMITTALS A. Product Data: For each electrical identification product indicated. B. Samples: For each type of label and sign to illustrate size, colors, lettering style, mounting provisions, and graphic features of identification products. tj C. Identification Schedule: An index of nomenclature of electrical equipment and system components used in identification signs and labels. I 1.4 QUALITY ASSURANCE A. Comply with ANSI A13.1 and IEEE C2. B. Comply with NFPA 70. C. Comply with 29 CFR 1910.144 and 29 CFR 1910.145. t 1.5 COORDINATION A. Coordinate identification names, abbreviations, colors, and other features with requirements in other Sections requiring identification applications, Drawings, Shop Drawings, manufacturer's wiring diagrams, and the Operation and Maintenance Manual; and with those required by codes, standards, and 29 CFR 1910.145. Use consistent designations throughout Project. B. Coordinate installation of identifying devices with completion of covering and painting of 3 surfaces where devices are to be applied. z - C. Coordinate installation of identifying devices with location of access panels and doors. D. Install identifying devices before installing acoustical ceilings and similar concealment. IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 1 PART 2 - PRODUCTS 2.1 POWER RACEWAY IDENTIFICATION MATERIALS A. Comply with ANSI A13.1 for minimum size of letters for legend and for minimum length of color field for each raceway size. r -x B. Colors for Raceways Carrying Circuits at 600 V or Less: 1. Black letters on an orange field. 2. Legend: Indicate voltage and system or service type. C. Self -Adhesive Vinyl Labels for Raceways Carrying Circuits at 600 V or Less: Preprinted, flexible label laminated with a clear, weather- and chemical -resistant coating and matching wraparound adhesive tape for securing ends of legend label. 2.2 POWER AND CONTROL CABLE IDENTIFICATION MATERIALS A. Comply with ANSI A13.1 for minimum size of letters for legend and for minimum length of color field for each raceway and cable size. B. Self -Adhesive Vinyl Labels: Preprinted, flexible label laminated with a clear, weather- and chemical -resistant coating and matching wraparound adhesive tape for securing ends of legend label. 2.3 CONDUCTOR IDENTIFICATION MATERIALS A. Color -Coding Conductor Tape: Colored, self-adhesive vinyl tape not less than 3 mils thick by 1 to 2 inches wide. B. Marker Tapes: Vinyl or vinyl -cloth, self-adhesive wraparound type, with circuit identification legend machine printed by thermal transfer or equivalent process. 2.4 UNDERGROUND -LINE WARNING TAPE A. Tape: 1. Recommended by manufacturer for the method of installation and suitable to identify and locate underground electrical and communications utility lines. 2. Printing on tape shall be permanent, continuously -printed, and shall not be damaged by burial operations. 3. Tape material shall be polyethylene and not less than 6 inches wide and 4 mils thick and ink shall be chemically inert, and not subject to degrading when exposed to acids, alkalis, and other destructive substances commonly found in soils. B. Color and Printing: 1. Comply with ANSI Z535.1 through ANSI Z535.5. 2. Inscriptions for Red -Colored Tapes: ELECTRIC LINE, HIGH VOLTAGE. 3. Inscriptions for Orange -Colored Tapes: TELEPHONE CABLE, CATV CABLE, . = COMMUNICATIONS CABLE, OPTICAL FIBER CABLE. IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 2 t 2.5 WARNING LABELS AND SIGNS A. Comply with NFPA 70 and 29 CFR 1910.145. B. Self -Adhesive Warning Labels: Factory -printed, multicolor, pressure -sensitive adhesive labels, -, configured for display on front cover, door, or other access to equipment unless otherwise indicated. t_ C. Warning label and sign shall include, but are not limited to, the following legends: - 1. Multiple Power Source Warning: "DANGER - ELECTRICAL SHOCK HAZARD EQUIPMENT HAS MULTIPLE POWER SOURCES." 2. Workspace Clearance Warning: "WARNING - OSHA REGULATION - AREA IN FRONT OF ELECTRICAL EQUIPMENT MUST BE KEPT CLEAR FOR 36 INCHES." 2.6 INSTRUCTION SIGNS A. Engraved, laminated acrylic or melamine plastic, minimum 1/16 inch thick for signs up to 20 sq. inches and 1/8 inch thick for larger sizes. 1. Engraved legend with black letters on white face. 2. Punched or drilled for mechanical fasteners. 3. Framed with mitered acrylic molding and arranged for attachment at applicable equipment. 2.7 EQUIPMENT IDENTIFICATION LABELS A. Self -Adhesive, Engraved, Laminated Acrylic or Melamine Label: Adhesive backed, with white letters on a dark -gray background. Minimum letter height shall be 3/8 inch. B. Engraved, Laminated Acrylic or Melamine Label: Punched or drilled for screw mounting. White IJ letters on a dark -gray background. Minimum letter height shall be 3/8 inch. t-� 2.8 CABLE TIES A. General -Purpose Cable Ties: Fungus inert, self extinguishing, one piece, self locking, Type 6/6 nylon. 1. Minimum Width: 3/16 inch. f-T, 2. Tensile Strength at 73 deg F , According to ASTM D 638: 12,000 psi. 3. Temperature Range: Minus 40 to plus 185 deg F. IJ 4. Color: Black except where used for color -coding. 2.9 MISCELLANEOUS IDENTIFICATION PRODUCTS A. Paint: Comply with requirements in Division 09 painting Sections for paint materials and application requirements. Select paint system applicable for surface material and location (exterior or interior). B. Fasteners for Labels and Signs: Self -tapping, stainless -steel screws or stainless -steel machine screws with nuts and flat and lock washers. IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 3 PART 3 - EXECUTION 3.1 INSTALLATION A. Verify identity of each item before installing identification products. B. Location: Install identification materials and devices at locations for most convenient viewing without interference with operation and maintenance of equipment. C. Apply identification devices to surfaces that require finish after completing finish work. D. Self -Adhesive Identification Products: Clean surfaces before application, using materials and methods recommended by manufacturer of identification device. E. Attach signs and plastic labels that are not self-adhesive type with mechanical fasteners appropriate to the location and substrate. F. System Identification Color -Coding Bands for Raceways and Cables: Each color -coding band shall completely encircle cable or conduit. Place adjacent bands of two-color markings in contact, side by side. Locate bands at changes in direction, at penetrations of walls and floors, at 50-foot maximum intervals in straight runs, and at 25-foot maximum intervals in congested areas. G. Underground -Line Warning Tape: During backfilling of trenches install continuous underground -line warning tape directly above line at 6 to 8 inches below finished grade. Use multiple tapes where width of multiple lines installed in a common trench or concrete envelope exceeds 16 inches overall. H. Painted Identification: Comply with requirements in Division 09 painting Sections for surface preparation and paint application. 3.2 IDENTIFICATION SCHEDULE A. Accessible Raceways and Metal -Clad Cables, 600 V or Less, for Service, Feeder, and Branch Circuits More Than 30 A, and 120 V to ground: Identify with self-adhesive vinyl tape applied in bands. B. Accessible Raceways and Cables of Auxiliary Systems: Identify the covers of each junction and pull box of the following systems with self-adhesive vinyl tape applied bands: 1. Fire Alarm systems: Red. 2. Security System: Blue and yellow. 3. Telecommunications System: Green and yellow. 4. Control wiring: Green and red. C. Power -Circuit Conductor Identification, 600 V or Less: For conductors in vaults, pull and junction boxes, manholes, and handholes, use color -coding conductor tape to identify the phase and self-adhesive labels to identify panel and circuit number. 1. Self -Adhesive Labels: Adhesive backed, with black letters on a white background. Minimum letter height shall be 3/8 inch. 2. Color -Coding for Phase and Voltage Level Identification, 600 V or Less: Use colors listed below for ungrounded service, feeder, and branch -circuit conductors. a. Color shall be factory applied or field applied for sizes larger than No. 10 AWG, if authorities having jurisdiction permit. IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 4 b. Colors for 208/120-V Circuits: 1 } Phase A: Black. 2) Phase B: Red. 3) Phase C: Blue. C. Colors for 480/277-V Circuits: 1) Phase A: Brown. 2) Phase B: Orange. 3) Phase C: Yellow. d. Field -Applied, Color -Coding Conductor Tape: Apply in half -lapped turns for a minimum distance of 6 inches from terminal points and in boxes where splices or taps are made. Apply last two turns of tape with no tension to prevent possible unwinding. Locate bands to avoid obscuring factory cable markings. D. Install instructional sign including the color -code for grounded and ungrounded conductors using adhesive -film -type labels. E. Auxiliary Electrical Systems Conductor Identification: Identify field -installed alarm, control, and signal connections. t 1. Identify conductors, cables, and terminals in enclosures and at junctions, terminals, and pull points. Identify by system and circuit designation. 2. Use system of marker tape designations that is uniform and consistent with system used by manufacturer for factory -installed connections. 3. Coordinate identification with Project Drawings, manufacturer's wiring diagrams, and the Operation and Maintenance Manual. F. Locations of Underground Lines: Identify with underground -line warning tape for power, lighting, communication, and control wiring and optical fiber cable. 1. Install underground -line warning tape for both direct -buried cables and cables in raceway. G. Workspace Indication: Install floor marking tape to show working clearances in the direction of access to live parts. Workspace shall be as required by NFPA 70 and 29 CFR 1926.403 unless otherwise indicated. Do not install at flush -mounted panelboards and similar equipment in finished spaces. an J. Warning Labels for Indoor Cabinets, Boxes, and Enclosures for Power and Lighting: Self- adhesive warning labels. 1. Comply with 29 CFR 1910.145. 2. Identify system voltage with black letters on an orange background. 3. Apply to exterior of door, cover, or other access. 4. For equipment with multiple power or control sources, apply to door or cover of equipment including, but not limited to, the following: a. Power transfer switches. b. Controls with external control power connections. Operating Instruction Signs: Install instruction signs to facilitate proper operation and maintenance of electrical systems and items to which they connect. Install instruction signs with approved legend where instructions are needed for system or equipment operation. Emergency Operating Instruction Signs: Install instruction signs with white legend on a red background with minimum 3/8-inch-high letters for emergency instructions at equipment used for power transfer. IDENTIFICATION FOR ELECTRICAL SYSTEMS r! 260553 - 5 i K. Equipment Identification Labels: On each unit of equipment, install unique designation label that is consistent with wiring diagrams, schedules, and the Operation and Maintenance Manual. Apply labels to disconnect switches and protection equipment, central or master units, control panels, control stations, terminal cabinets, and racks of each system. Systems include power, lighting, control, communication, signal, monitoring, and alarm systems unless equipment is provided with its own identification. 1. Labeling Instructions: a. Indoor Equipment: Self-adhesive, engraved, laminated acrylic or melamine label. Unless otherwise indicated, provide a single line of text with 1/2-inch-high letters on 1-1/2-inch-high label; where two lines of text are required, use labels 2 inches high. b. Outdoor Equipment: Engraved, laminated acrylic or melamine label. C. Elevated Components: Increase sizes of labels and letters to those appropriate for viewing from the floor. 2. Equipment to Be Labeled: a. Panelboards: Typewritten directory of circuits in the location provided by panelboard manufacturer. Panelboard identification shall be self-adhesive, engraved, laminated acrylic or melamine label. b. Enclosures and electrical cabinets. C. Access doors and panels for concealed electrical items. d. Switchgear. e. Switchboards. f. Transformers: Label that includes tag designation shown on Drawings for the transformer, feeder, and panelboards or equipment supplied by the secondary. g. Emergency system boxes and enclosures. h. Motor -control centers. I. Enclosed switches. j. Enclosed circuit breakers. k. Enclosed controllers. 1. Variable -speed controllers. M. Push-button stations. n. Power transfer equipment. o. Contactors. P. Remote -controlled switches, dimmer modules, and control devices. q. Monitoring and control equipment. END OF SECTION IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 6 j_ : t SECTION 262816 - ENCLOSED SWITCHES AND CIRCUIT BREAKERS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Fusible switches. 2. Nonfusible switches. 3. Molded -case circuit breakers (MCCBs). 4. Enclosures. 1.3 DEFINITIONS A. GD: General duty. B. GFCI: Ground -fault circuit interrupter. C. HD: Heavy duty. D. RMS: Root mean square. E. SPDT: Single pole, double throw. F. ST: Shunt Trip. 1.4 SUBMITTALS A. Product Data: For each type of enclosed switch, circuit breaker, accessory, and component indicated. Include dimensioned elevations, sections, weights, and manufacturers' technical data on features, performance, electrical characteristics, ratings, accessories, and finishes. 1. Enclosure types and details for types other than NEMA 250, Type 1. 2. Current and voltage ratings. 3. Short-circuit current ratings (interrupting and withstand, as appropriate). 4. Detail features, characteristics, ratings, and factory settings of individual overcurrent protective devices, accessories, and auxiliary components. B. Shop Drawings: For enclosed switches and circuit breakers. Include plans, elevations, sections, details, and attachments to other work. 1. Wiring Diagrams: For power, signal, and control wiring. ENCLOSED SWITCHES AND CIRCUIT BREAKERS 262816 - 1 E C. Qualification Data: For qualified testing agency. D. Seismic Qualification Certificates: For enclosed switches and circuit breakers, accessories, and components, from manufacturer. 1. Basis for Certification: Indicate whether withstand certification is based on actual test of assembled components or on calculation. 2. Dimensioned Outline Drawings of Equipment Unit: Identify center of gravity and locate and describe mounting and anchorage provisions. 3. Detailed description of equipment anchorage devices on which the certification is based r and their installation requirements. E. Field quality -control reports. 1. Test procedures used. 2. Test results that comply with requirements. 3. Results of failed tests and corrective action taken to achieve test results that comply with requirements. F. Manufacturer's field service report. G. Operation and Maintenance Data: For enclosed switches and circuit breakers to include in emergency, operation, and maintenance manuals. In addition to items specified in Division 01 Section "Operation and Maintenance Data," include the following: 1. Manufacturer's written instructions for testing and adjusting enclosed switches and circuit breakers. 2. Time -current coordination curves (average melt) for each type and rating of overcurrent protective device; include selectable ranges for each type of overcurrent protective device. 1.5 QUALITY ASSURANCE A. Testing Agency Qualifications: Member company of NETA or an NRTL. 1. Testing Agency's Field Supervisor: Currently certified by NETA to supervise on -site testing. B. Product Selection for Restricted Space: Drawings indicate maximum dimensions for enclosed switches and circuit breakers, including clearances between enclosures, and adjacent surfaces and other items. Comply with indicated maximum dimensions. C. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. D. Comply with NFPA 70. 1.6 PROJECT CONDITIONS A. Environmental Limitations: Rate equipment for continuous operation under the following conditions unless otherwise indicated: 1. Ambient Temperature: Not less than minus 22 deg F and not exceeding 104 deg F. ENCLOSED SWITCHES AND CIRCUIT BREAKERS 262816 - 2 2. Altitude: Not exceeding 6600 feet. 1.7 COORDINATION A. Coordinate layout and installation of switches, circuit breakers, and components with equipment served and adjacent surfaces. Maintain required workspace clearances and required clearances for equipment access doors and panels. PART 2 - PRODUCTS 2.1 FUSIBLE AND NONFUSIBLE SWITCHES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following : 1. Square D; a brand of Schneider Electric. 2. Siemens 3. Cutler -Hammer B. Type HD, Heavy Duty, Single Throw,600-V ac, 1200 A and Smaller: UL 98 and NEMA KS 1, horsepower rated, with clips or bolt pads to accommodate specified fuses, lockable handle with capability to accept two padlocks, and interlocked with cover in closed position. C. Non -fusible Switch, 600-Vac, 1200A and Smaller: NEMA KS1, Type HS, lockable handle with capability to accept two padlocks, and interlock with cover in closed position. D. Enclosed Circuit Breakers, provide breakers with adjustable LSI settings. 1. Provide circuit breakers with shunt trip capabilities as shown in the drawings. 2. Provide all wiring and control required. 3. Series rated breakers are not acceptable. E. Accessories: 1. Equipment Ground Kit: Internally mounted and labeled for copper and aluminum ground conductors. 2. Neutral Kit: Internally mounted; insulated, capable of being grounded and bonded; labeled for copper and aluminum neutral conductors. 3. Auxiliary Contact Kit: Auxiliary set of contacts arranged to open before switch blades open. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine elements and surfaces to receive enclosed switches and circuit breakers for compliance with installation tolerances and other conditions affecting performance of the Work. ENCLOSED SWITCHES AND CIRCUIT BREAKERS 262816 - 3 3.2 INSTALLATION A. Install individual wall -mounted switches and circuit breakers with tops at uniform height unless otherwise indicated. B. Comply with mounting and anchoring requirements specified in Division 26 Section "Vibration and Seismic Controls for Electrical Systems." C. Temporary Lifting Provisions: Remove temporary lifting eyes, channels, and brackets and temporary blocking of moving parts from enclosures and components. D. Comply with NECA 1. 3.3 IDENTIFICATION A. Comply with requirements in Division 26 Section 'Identification for Electrical Systems." 1. Identify field -installed conductors, interconnecting wiring, and components; provide warning signs. 2. Label each enclosure with engraved metal or laminated -plastic nameplate. 3.4 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified testing agency to perform tests and inspections. B. Manufacturer's Field Service: Engage a factory -authorized service representative to inspect, test, and adjust components, assemblies, and equipment installations, including connections. 3.5 ADJUSTING A. Set field -adjustable switches and circuit -breaker trip ranges. 3.6 CLEANING A. On completion of installation, vacuum dirt and debris from interiors; do not use compressed air to assist in cleaning. B. Inspect exposed surfaces and repair damaged finishes. END OF SECTION 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 262816 - 4 SECTION 263213 ENGINE GENERATORS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes packaged engine -generator sets for emergency power supply with the following features: 1. Diesel engine. 2. Remote -mounting control and monitoring. 3. Outdoor enclosure. 1.3 DEFINITIONS A. Operational Bandwidth: The total variation from the lowest to highest value of a parameter over the range of conditions indicated, expressed as a percentage of the nominal value of the parameter. 1.4 SUBMITTALS A. Product Data: For each type of packaged engine generator indicated. Include rated capacities, operating characteristics, and furnished specialties and accessories. In addition, include the following: 1. Thermal damage curve for generator. 2. Time -current characteristic curves for generator protective device. - B. Shop Drawings: Detail equipment assemblies and indicate dimensions, weights, loads, required clearances, method of field assembly, components, and location and size of each field connection.` 1. Dimensioned outline plan and elevation drawings of engine -generator set and other components specified. 2. Design Calculations: Signed and sealed by a qualified professional engineer. Calculate requirements for selecting vibration isolators and seismic restraints and for designing vibration isolation bases. 3. Vibration Isolation Base Details: Signed and sealed by a qualified professional engineer. Detail fabrication, including anchorages and attachments to structure and to supported equipment. Include base weights. 4. Wiring Diagrams: Power, signal, and control wiring. ENGINE GENERATORS 263213 - 1 1.5 QUALITY ASSURANCE A. Installer Qualifications: Manufacturer's authorized representative who is trained and approved for installation of units required for this Project. 1. Maintenance Proximity: Not more than four hours' normal travel time from Installer's place of business to Project site. 2. Engineering Responsibility: Preparation of data for vibration isolators and seismic restraints of engine skid mounts, including Shop Drawings, based on testing and engineering analysis of manufacturer's standard units in assemblies similar to those indicated for this Project. B. Manufacturer Qualifications: A qualified manufacturer. Maintain, within 200 miles of Project site, a service center capable of providing training, parts, and emergency maintenance repairs. C. Testing Agency Qualifications: An independent agency, with the experience and capability to conduct the testing indicated, that is a member company of the InterNational Electrical Testing Association or is a nationally recognized testing laboratory (NRTL), and that is acceptable to authorities having jurisdiction. 1. Testing Agency's Field Supervisor: Person currently certified by the InterNational Electrical Testing Association or the National Institute for Certification in Engineering Technologies to supervise on -site testing specified in Part 3. D. Source Limitations: Obtain packaged generator set and auxiliary components through one source from a single manufacturer. E. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. F. Comply with ASME B15.1. G. Comply with NFPA 37. H. Comply with NFPA 70. I. Comply with NFPA 99. J. Comply with NFPA 110 requirements for Level 1 and 2 emergency power supply system. f ` K. Comply with UL 2200. L. Engine Exhaust Emissions: Comply with applicable state and local government requirements. -. M. Noise Emission: Comply with applicable state and local government requirements due to sound emitted by generator set including engine, engine exhaust, engine cooling -air intake and t discharge, and other components of installation. 1.6 PROJECT CONDITIONS A. Environmental Conditions: Engine -generator system shall withstand the following environmental conditions without mechanical or electrical damage or degradation of performance capability: ENGINE GENERATORS 263213 - 2 3.6 3. Battery -Charger Tests: Verify specified rates of charge for both equalizing and float - charging conditions. 4. System Integrity Tests: Methodically verify proper installation, connection, and integrity of each element of engine -generator system before and during system operation. Check for air, exhaust, and fluid leaks. 5. Exhaust Emissions Test: Comply with applicable government test criteria. 6. Voltage and Frequency Transient Stability Tests: Use recording oscilloscope to measure voltage and frequency transients for 50 and 100 percent step -load increases and decreases, and verify that performance is as specified. 7. Harmonic -Content Tests: Measure harmonic content of output voltage under 25 percent and at 100 percent of rated linear load. Verify that harmonic content is within specified limits. D. Coordinate tests with tests for the transfer switch and run them concurrently. E. Test instruments shall have been calibrated within the last 12 months, traceable to standards of NIST, and adequate for making positive observation of test results. Make calibration records available for examination on request. F. Leak Test: After installation, charge system and test for leaks. Repair leaks and retest until no leaks exist. G. Operational Test: After electrical circuitry has been energized, start units to confirm proper motor rotation and unit operation. H. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. I. Remove and replace malfunctioning units and retested as specified above. J. Retest: Correct deficiencies identified by tests and observations and retest until specified requirements are met. K. Report results of tests and inspections in writing. Record adjustable relay settings and measured insulation resistances, time delays, and other values and observations. Attach a label or tag to each tested component indicating satisfactory completion of tests. L. Infrared Scanning: After Substantial Completion, but not more than 60 days after Final Acceptance, perform an infrared scan of each power wiring termination and each bus connection. Remove all access panels so terminations and connections are accessible to portable scanner. 1. Follow-up Infrared Scanning: Perform an additional follow-up infrared scan 11 months after date of Substantial Completion. 2. Instrument: Use an infrared scanning device designed to measure temperature or to detect significant deviations from normal values. Provide calibration record for device. 3. Record of Infrared Scanning: Prepare a certified report that identifies terminations and connections checked and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. DEMONSTRATION A. Engage a factory -authorized service representative to train Owner's maintenance personnel to adjust, operate, and maintain packaged engine generators. Refer to Division 01 Section "Demonstration and Training." ENGINE GENERATORS 263213 - 13 i B. The Contractor shall furnish a fuel tank of diesel fuel for the Owner after all commissioning tests and Owner training is completed. END OF SECTION ENGINE GENERATORS 263213 - 14 I I I I