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HomeMy WebLinkAboutResolution - 2001-R0441 - Contract For Auditorium Fire Alarm - Simplexgrinnell, L.P - 10_11_2001Resolution No. 2001-Ro441 October 11, 2001 Item No. 76 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for the City of Lubbock Auditorium fire alarm and sprinkler system, ITB #188-01/RS, by and between the City of Lubbock and SimplexGrinnell, L.P., of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 11 th day of October , 2001. IBM.L_ 'I ' ' ATTEST: Rebecca Jarza, City Secretary APPROVED AS TO CONTENT: Victor Kilman, urchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:L:/ccdocs/Simp1cxgrinnc11, Uses Oct. 2, 2001 6014D CHECK SES,T RATING LICENSED IN TEXAS WE BY J16 CITY OF LUBBOCK SPECIFICATIONS FOR CITY OF LUBBOCK AUDITORIUM FIRE ALARM AND SPRINKLER SYSTEM ITB #188-01 /RS 41 Parma ;v"w 10 CITY OF LUBBOCK Lubbock, Texas IL CITY OF LUBBOCK INVITATION TO BID FOR TITLE: CITY OF LUBBOCK AUDITORIUM FIRE ALARM AND SPRINKLER SYSTEM ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 188-01/RS PROJECT NUMBER: 9538.9110.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX j„ 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE - 7. CONTRACT .1, 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS r r^ 90. SPECIFICATIONS 3' �i �r No Text - NOTICE TO BIDDERS ITB #188-01/RS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 25th day of July. 2001, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project with a budget amount of $160,000.00: "CITY OF LUBBOCK AUDITORIUM FIRE ALARM AND SPRINKLER SYSTEM" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on the 25th day of July, 2001, and the City of Lubbock City Council will consider the bids on the 9th day of August, 2001, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, - in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of ' 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 18th day of July. 2001 at 11:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 131h Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from Fanning, Fanning & Associates, Inc., 2555 74th Street, Lubbock, TX 79423, Phone: (806) 745-2533. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is �;,- specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. - The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- j- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK rj,r VICTOR KILMAN t PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS r GENERAL INSTRUCTIONS TO BIDDERS . BID DELIVERY. TIME &_DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITY OF LUBBOCK AUDITORIUM FIRE ALARM AND SPRINKLER SYSTEM per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 25th day of July, 2001 at the office listed below. Any bid received after the date and hour,specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or .�, container plainly labeled in the lower left-hand corner: 'ITB #188-01m, CITY OF LUBBOCK AUDITORIUM FIRE ALARM AND SPRINKLER SYSTEM" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 11:00 a.m.. July 18th. 2001 in Purchasing Conference Room L04, Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be - made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of ' Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in € any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. iY 1 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations .1 that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must. be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT -1 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 2 5� 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any lancuage. requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION MCLARIFICATION CONCERNING THIS INVITATION TO BID (ITB), . MUST BE SUBMITTED, IN WRITING NO LATER THAN FIVE ,(5) :CALENDAR DAYS.PRIOR TO THE ` BID CLOSING DATE AND ADDRESSED TO: RON SHUFFIELD, SENIOR BUYER City of Lubbock 1625 13'h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: rshuffield@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 14 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the i Contractor has been notified. 3 l 15 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods _1 set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to - procure a satisfactory project. 16 GUARANTEES ^1 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects -1 appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this `t 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. -fit 17 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 18 PROTECTION OF THE WORK I The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 0 20 21 22 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 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. EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. L 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 23 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. - 24 INSURANCE 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including'workers compensation coverage for each subcontractor. _ 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to, the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil 1 Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. -� 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made'a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done -� under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of, general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as, a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 27 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly 6 and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member.must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, ,and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. 0) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 30 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: x (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. _ (d) The quality of performance of previous contracts or services. �T 7 1= 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid amount. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than -� lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the —� State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the +l same may be applicable. 4 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR t GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. D :. D No Text W BID SUBMITTAL LUMP SUM BID CONTRACT DATE: 7/25/2001 PROJECT NUMBER: #188-01/RS - CITY OF LUBBOCK AUDITORIUM FIRE ALARM AND SPRINKLER SYSTEM aid of Si_mplezGrinnell LP (hereinafter called Bidder) ,To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK AUDITORIUM FIRE ALARM AND SPRINKLER SYSTEM having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the ,,.-conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. `MATERIALS: Eighty —Four Thousand, Seven Hundred Twenty & No/100 ($ 84,720.00 ) ,,SERVICESOne Hundred Eighty —Six Thousand Five Hundred Ei ht —Six($ 186,586.00 ) and No 100 TOTALBID:Two Hundred Seventy —One Thousand, Three Hundred Six ($ 271,306.00 ) a*id No/ 100 (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to . . ........ pay to Owner as liquidated damages the sum of $0 (ZERO DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract "documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. F The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. r" Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the _ bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 5Z of BID AMOUNT Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID '� FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the foll Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date M/WBE Firm: I I Woman I I Black American F-1 Hispanic American I I Asian Pacific Ar Date: 7/25/2001 Authorized Signature Rick Sosebee (Printed or Typed Name) SimplexGrinnell LP Company 1725 North Nashville Address — Lubbock Lubbock City, County Texas 79415 State Zip Code Telephone: 806 - 744-8333 Fax: 806 - 741-1728 LIST OF SUBCONTRACTORS Minority Owned Yes No ❑ 0 ❑ ❑ 3 3 Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Grinnell Fire Protection, A Division of Grinnell CorporWT1'bM1t full name and address or legal title of Contractor) 1725 N. Nashville Avenue, Lubbock, TX 79415 as Principal, hereinafter called the Principal, and Federal Insurance Company (Here insert full name and address or legal title of Surety) 15 Mountain View Rd, Warxen, NJ 07061 a corporation duly organized under the laws of the State of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City Of Lubbock (Here insert full name and address or legal title of owner) 1625 13th, Lubbock, TX 79401 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Amount Bid - - - - - Dollars ($ 5% - - - ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) City of Lubbock Auditorium Fire Alarm & Sprinkler System - #188-01/RS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the promt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Prin0�'i such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not t, penalty hereof between the amount specified in said bid and such larger amount for which the Obligee r - contract with another party to perform the Work covered by said bid, then this obligation shall be null a. to remain in full force and effect. Signed and sealed this 25 day of July Grinnell Fire Protection, A Division of Grinnell Corporate. ()rincipal) f (Witn s) Rick Sosebee (Title) District General Manager Federal Insurance Company (Suret) (Seal) li V� (Witness) ® Marion R. Vail (Title) Attorney -in -Fact Printed in cooperation with The American Institue of Architects (AIA) by Willis. Willis vouches that the language in the document conforms exactly to the language used in AIA Document A310, February 1970 Edition. 1 WC0054 i- Chubb POWER Federal Insurance Company Attn.: Surety Department 7 Vigilant Insurance Comp 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corpostion, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Marion R. Vail, °~ Joan B. Finney, Diane R. Cardini and Jeannette Dominguez of Farmington, Connecticut -- each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their Corporate seats to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertMdrigs and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT 24SURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 23rd day of August, 2000 Kenneth C. Wendel, Assistant Secretary Fran E. Robertson, ce Pr ident STATE OF NEW JERSEY 1 J ss. ►- County of Somerset On this 23rd day of August 2000 before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson. and knows him to be Vice President of said Companies; and Nrat the signature of Frank E. Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal �eR rco . -HEATHER MANCO ,t%O'f AY Notary Public, Stnte of New Jersey * No 2229695 pUBtNG Commission Exotres Sect ?A 900� Notary Public 7 ti CERTIFICATION Extract from the By -Laws of SURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby certify that n the foregoing extract of the By -Laws of the Companies is true and correct, (u) the Companies are duly bcertsed and auftt dined to transact surety business in all 50 of the United States of America and the District of Cokdribia and are authorized by the U. S. Treasury Department; hrther, Federal and Vgi}art are licensed in Puerto Rico and the U. S. Virgat Islands, and Federal is kersed in Americana Samoa, Guam, and each of the Provinces of Canada except Prince Edward Islard; and is the foregoing Power of Attomey is true, correct and in full force and effect lJ Given under my hand and seals of said Companies at Warren, NJ this --23 day of 4 j uj �btAT1� '11S x�� kFW `f0af- Kenneth C. Wendel, Ass' rut Secretary A IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com 15-104= (Ed. 499) CONSE- - FEDERAL INSURANCE COMPANY I , STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2000 (in thousands of dollars) ASSETS Cash........................................................... $ (119,636) United States Government, State and Municipal Bonds ...................................... 7,196,780 Other Bonds ............................................... 11733.846 Stocks......................................................... 261,059 Short Term Investments .............................. 64,539 Other Invested Assets ................................ 304,194 TOTAL INVESTMENTS ........................... 9.440,782 Investments in Affiliates: Pacific Indemnity Company 533,000 Executive Risk Indemnity Inc ................... 306,193 Grea; Northern Insurance Company ........ 136,976 CC Canada Holdings Ltd ......................... 96,109. Chubb insurance Company of Europe:.... 61,383 V;gilant Insurance Company ................... 54,770 O;herAffiiiates.......................................... 280,416 i Net Premiums Receivable .......................... 638,320 Other Assets ............................................... 720,35 TOTAL ADMITTED ASSETS .................... S 12,270,331 LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses..... S 6,351,035 Unearned Premiums ....................................11991,909 Provision for Reinsurance ....................... 71,958 Other liabilities ............................................. 460,512 TOTAL LIABILITIES ................................... 8,875,414 Capital Stock ................................................ 20,980 Paid -In Surplus ............................................. 672,878 i Unassigned Funds ....................................... 2,)98,283 Unrealized Depreciation of Investments ...... (97,224) SURPLUS TO POLICYHOLDERS ............ 3,394,917 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ........................... S 12,270,331 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at $37,141 are deposited with government authorities as required by taw. A CORRECT STATEMENT: r:6" X• i Marion P" O.. Willis Bond No. 81880721 Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Grinnell Fire Protection, A Division of Grinnell Corporation e, 1725 N. Nashville Avenue Lubbock, TX 79415 OWNER (Name and Address): City of Lubbock PO Box 2000 Lubbock, TX 79457 CONSTRUCTION CONTRACT Date: October 17, 2001 Amount: $246, 056.00 Description (Name and Location BOND Date (Not earlier than Con Amount: $246,056.00 Modifications to this Bond: CONTRACTOR AS PRINCIPArl Company: Grinnell Fire Protection, A Division of �-- e 1 Corporat Signature: SURETY (Name and Principal Place of Business): Federal Insurance Company 15 Mountain View Rd P O Box 1615 Warren, NJ 07061 um #060.380320-Al r 17, 2001 See Page 6 company: --(Corporate Seal) Federal Isance Company Signature Name and Title: Rick Sosebee Name and e: District General Manager Jeaunett omiuguez / Attorney -in -Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Willis of Massachusetts, Inc. othher party): Three Copley Place Suite 300 Boston, MA 02116-6501 Printed in cooperation with The American Institute of Architects (AIA) by Willis. Willis vouches that the language in the document conforms exactly to the language used in AIA Document A312, December 1984 Edition. Third Printing March 1987. Performance and Payment Bond 4 WG1853B r+� 0 r., 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, suc- cessors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for chal- lenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction 8 Amounts owed by the Owner to the Contractor under Contract, provided the Owner has promptly notified the Construction Contract shall be used for the perfor- the Contractor and the Surety (at the address mance of the Construction Contract and to satisfy claims, described in Paragraph 12) of any claims, demands, if any, under any Construction Performance Bond. By the liens or suits and tendered defense of such claims, Contractor furnishing and the Owner accepting this Bond, demands, liens or suits to the Contractor and the they agree that all funds earned by the Contractor in the Surety, and provided there is no Owner Default: performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety 3 With respect to Claimants, this obligation shall be null under this Bond, subject to the Owner's priority to use and void if the Contractor promptly makes payment, directly the funds for the completion of the work. or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, 'to the Owner, within 90 days after having last per- formed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Con- tractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, in- cluding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under thin Bond other than in a court of competent juris- diction f, the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice re- quired by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limita- tion available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said stat- utory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Printed in cooperation with The American Institute of Architects (AIA) by Willis. Willis vouches that the language in the document conforms rlexactly to the language used in AIA Document A312, December 1984 Edition. Third Printing March 1987 Performance and Payment Bond 5 WC1853C Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a �*+ potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service it or rental equipment used in the Construction Contract, MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: r� r-+ architectural and engineering services required for per- formance of the work of the Contractor and the Contrac- tor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signa- ture page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contrac- tor as required by the Construction Contract or to per- form and complete or comply with the other terms thereof. ..g (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Printed in cooperation with The American Institute of Architects (AIA) by Willis. Willis vouches that the language in the document conforms exactly to the language used in AIA Document A312, December 1984 Edition. Third Printing March 19B7 Performance and Payment Bond 6 WC1853D Chubb POWER Federal Insurance Company Attn.: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know An by These Praserds, That FEDERAL. INSURANCE COMPANY, an Indiana copoi-ation, VIGILANT WSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Marion R. Vail, Joan B. Finney, Diane R. Cardini and Jeannette Dominguez of Farmington, Connecticut -- each as their true and lawful Attorney-fn-Fact to execute under such designation In their names and to aft their corporate seals to and dehmer for and on their behalf as surety thereon or otherwise, bonds and undertafdngs and other writings obligatory in the nature thereof (other than bail bonds) given or executed In the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL WSURANCE COMPANY, VIGLLIINT WSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seats on this 23 rd day of August, 2000 Kenneth C. Wendel. Assistant Secretary Fran E. Robertson, ident STATE OF NEW JERSEY couiy of somerset 1. - Orn this 23 rd day of August 2000 before rns, a Notary Public of Now Jersey. Personally came Ken noth C. Wendel, OWN. to me lartorRn to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VC4LAN T INSURANCE COMPANY, and PACIFIC NDEM 417Y COMPANY, the cormpenies which executed the foregoing Power d Attorney, and the oak Kenneth C. Wendel being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGLNT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knave the corporate seals thereon, that the scab affixed to the foregoing Power of Attorney are such corporate seals and were thersto affixed by author* of the %6Lmvs of said Companies: and that he soW said Paver d Attomey as Assistant Secretary of said Companies by No authority: and that he is acquainted with Franc E. Robert:an. snd (mows him to be Vloe Preskent d said Companies: and that the signature of Franc E. Robertson. subscribed to said Power of A o may Is In the genuine handwritip of Frank E. Robsrtsan, and was thereto subscribed by authority of said St -Laws and In deponents presence. m Notarial seat �� C0 ►FEATHER MANCO NOT A R y Hoary ftViC, State of New ,lersev .. „ * No 2229695 pusoo Commission Elotre$ Sect ?a �OQ• Notary Putt a CERTIFICATION Extract from the By -Laws of VGQjLWNSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: P"* •All powers of attorney for and on behalf of the Company may and shall be executed in the name and on bO alf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, )ointly wth the Secretary or an Assistant Secretary, under their respective designations. The signalize of such officers may be engraved, printed or lithographed. The signature of each of the fblkp g officers: Chairman. President, any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary and the seal of the Company may be afrooed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -In -Fad for purposes only of execs Ling and adestkV bonds and tmderfai6ngs and otter writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or tam, He seai shall be vaad and txrhd V upon the Company and any such power so executed and certified by such facsirrik signature and facsimile seal shall be valid and be rig upon the Company with respect to any bond or undertaking to which it Is attached' 71 I, Kenneth C. Wendel. Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies) do hereby certify that (i) the foregoing extraict of the By -Laws of the C=penies is live and correct, no the Companies are duty licensed and authorized to trmsaat surely business in d 50 of the United States of America and the District of .f Cokmbis and are aulhatnd by the U. S. Treasury Departrrant further, Federal and Vigilant are licensed in Puerto Rico and the U. S. Virgin Ieiends, and Federal is foensed in American Samok Guam, and each of the Prminoes of Canada except Prince Edward island; and (w7 the foregoing Power of Attorney is true, correct and in fun faros and effect. Given under my hand and seals or said Companies at Warren. NJ this 17 day of October. 2001 t ttit>I► v W 9yptAllA Y Ir ittS�+ •'SEIyYpRt I Kenneth C. Wendel, Assliedrd Secretary 11111011 IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR .BY Telephone (908) 903-3485 Fax (908) 903.3656 e-mail: surety@chubb.Com- ts 1060= tsQ 44M COHSE"` FEDERAL INSURANCE COMPANY STATEMENT OF ASSi:TS, UI.EILITIES AND SURPLUS TO POLICYHOLCc=S r Sta:,;tor'y Basis DECEMBER 31, 2000 II (in tho-isands of dollars) f art+* LrA6:rT,�„ IASSETS SURPLUS TO FOLICYHOL DEP- Cash........................................................... S United States Government, State and --(119,636) Outstanding Losses and Loss Ex;erses ..... Unearned Premiums .................................... S E,351,035 1,991,909 Municipal Bonds ...................................... 7,196,760 Provision for Reinsurance ........ .................... 71.958 Other Bonds4 1.733.846 Other Liabilities............................................. 460,512 Stocks ................................... ......... 261,059 -? St-,cri Term Investments .............................. 64,539 - Otner Invested Assets ................................ 304,194 TOTAL INVESTMENTS ........................... 9,440,782 TOTAL LIABILITIES ................................... 8.875,414 — Investments in Affiliates: r•�°� Pacific Indemnity Company ...................... 533,000 Capital Stock ................................................ 20,9 0 tI Executive Risk Indemnity Inc ................... 306.193 Paid -In Surplus............................................. 672,87E G ea' Northern Insurance Company 136,978 Unassigned Funds c CC Canada Holdings Ltd ......................... 96,109 Unrealized Depreciation of Investnents (0,22e) '• Chvbb Insurance Company of Europe..... 61,383 v.g:tant Insurance Company .................... 54,770 SURPLUS TO POLICYHOLDERS ............ 3,394,917 j O,herAf'iiia;es .......................................... 280,416 j j c_t Premiums Receivable .......................... 638,320 1 IF Other Assets ............................................... 720,380 i TOTAL LIABILITIES AND SUR.DLUS TOTAL AOMiTTED ASSETS .................... S t 2,270.33 TO POLICYHOLDERS ........................... S 12.270,331 i �-^ Investments are valued in accordance with requirements of the National Association of InsurEzce Cam, missioner;• Investments valued at S37,141 are deposited with government authorities as requ r_; lCy law. A CORRECT STATEMENT: I r+ I r PERFORMANCE BOND Willis Bond No. 81880721 Document A312 Performance Bond ! Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Grinnell Fire Protection, A Division of Grinnell Corporation 1725 N. Nashville Avenue Lubbock, TX 79415 OWNER (Name and Address): City of Lubbock PO Box 2000 Lubbock, TX 79457 CONSTRUCTION CONTRACT Date: October 17, 2001 Amount: $246,056.00 Description (Name and Locatioj BOND Date (Not earlier than Co Amount: $246,056.00 Modifications to this Bonc SURETY (Name and Principal Place of Business): Federal Insurance Company 15 Mountain View Rd P O Box 1615 Warren, NJ 07061 ium #060.380320-A1 See Page 3 CONTRACTOR AS PRINCIP URETY - Company: Company: (Corporate Seal) Grinnell Fire Protection, A Federal Ins ance Company Division of rinne 1 Corporation Signature: Signatur Name and Title: Rick Sosebee Name an ltle: District General Manager Jeanne,t Dominguez / Attorney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Willis of Massachusetts, Inc. other party): Three Copley Place Suite 300 Boston, MA 02116-6501 am" Printed in cooperation with The American Institute of Adchitects (AIA) by Willis. Willis vouches that the language in the document conforms exactly to the language used in AIA Document A312, December,1984 Edition. Third Printing March 1987 1 WC1852A I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, suc- cessors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. ^* 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 10" 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in ac- cordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Con- tract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Con- tract, arrange for a contract to be prepared for execu- tion by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and result- ing from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unre- lated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to re- lated subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the pro- visions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - Printed in cooperation with The American Institute of Architects (AIA) by Willis. Willis vouches that the language in the document conforms exactly to the ,., language used in AIA Document A312, December 1984 Edition. Third Printing March 1987 WC1852B able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall PM be mailed or delivered to the address shown on the signa- ture page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conform- ing to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a com- mon law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Con- struction Contract after all proper adjustments have been made, including allowance to the Contractor of ` MODIFICATIONS TO THIS BOND ARE AS FOLLOWS. ram+ any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.40wner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contrac- tor as required by the Construction Contract or to per- form and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Printed in cooperation with The American Institue of Architects (AIA) by Willis. Willis vouches that the language in the document conforms 3 exactly to the language used in AIA A312, December 1984 Edition, Third Printing March 1987. Performance and Payment Bond WC1853A CERTIFICATE OF INSURANCE NOV.13.2001 9:41PM GRINNELL FIRE NO.424 P.2/3 wR+ IUMN USA MCI, CERTIFICATE Of INSURANCE : 'ZRN;IFICATEYUYaBt I NYCAO PRODUCER THIS CERTIFICATE IY isS= ASIA MATTER OF INFORMATION OILY AIM CONFERi Jessica Angiulto C/o Marsh USA I= Ri8k mwmgemwd Casually DepL. 41st FL 1166 Memo of ft AmeMn MO MISIffa UPON THE CERTIFICATE HOLONt OTHER THAN TWSS PIWVDED IN T10 Poucy. THIS CiRYwAve ODEII NOT ANENG, UMNO OR ALTFR Ti1E COYMGV AFFORDED 9YTHE POLICIES DEiI:RIND NOWIN. Te1:212-345.3419 Fox 212-34&S626 Now York, NY 100362774 COMPA11IE8 AFFORDING COVERAGE tbYPANY I SOMI -TYCa7YCO-01/02 A AMERIGAN HOME ASSURANCE CO INSURED SIMPLEXGRINNELL COMPANY B WORKERS COMI?E sATION, sEE ATPACHEo scmoms . SimplexGrimnell :P.O. Box 1361 COMPANY C Lubbock, Texas 79408 "CIOWAW D CO i TNLS IS YO CERTIFY TKAT POtaM OF QaURMCE DESCRSED HCREIN HAW BEEN ISSUED TO THE PISURCp PATE) HMrN FOR TW POLICY PMOD MICATED. NOTINMWANDING ANY $MOUF43IrJIrr, WAM OR COW=W OF AW CONMCT OR OTMR DOCLrMW W" RIMFECTM lVNICH THE CER IWATE MAY BE I$W O OR MAY PERTAIN. TNC MRANCE AFFORDED BY THE POiE= DESCA KO HEAtM IS SUBJECT TO ALLTHE TERMS. CMMONB ANC' 0=.LISION8 OF WCH POUCIES. I.Nrr$ SHCiW N MAY HAVE BEEN REDUCED BY PAM CIAIM& i CO LTR 1WROV INSURANCE POLICY RUNNER POLICY EFF cnvu DATE 1MN1DDrM POLie're IpwAro T DATE (MiNND►YYII LJMtr9 G 69ML MUnY I GCHERALAGGREGATE S 10,000,000 A COMM0N0AI.BENEH/1LL"ftAY CLAIMS MADE i I OCCUR RMGLO124M 10/01101 1=1102 X PRODUCTS-COMPKIPAGG PERSONAL aADVWURY $ 10,000,000 $ 5.Wo.000 $ 6.000,000 OWNER86GONTRAI`tOMPROT ;;Rrr:IAwAav-Am*mami S 1,000,00E IgAChP=LrRR0= MED op fftong S 10.000 I AUTOIIDlIIJE UAORJ" CouBINED $TNGLF uMR $ 6,000,000 X A ANYAUTO RMCA5348T87 M 10101101 1=1102 Bcoa.YHJURY $ A ALLOWN®AUTOS RMCA SM788 (A/$) 10/01/01 10/01102 X X BODILYWurcy $ MRWAUTOS NOn4WMM AU= I PROPERtYDAWGE $ GARAGE LABILITY i AUTO OM.Y • EA A=mENr S _� AxY I UTO I OTHER THAN A= ONLY; FACHACCIDEW $ AORREGA'TE $ i I EXCUS UABILLTY i EACH OCCUFpENCB $ AGGREGATC $ LUMMUlAFORM $ OTHER TM NUMBRELLAFORM I A WO PEN kniSM0 EMPL011:w LUI U Y SEE PACE TWO 10101101 10101/02 X I TORY LIMITS I w I "CIR7. ELEACHAcCWWr $ 1,000,000 CL D18EAsd-PaucYUMTr I ELO SCCA17tEMPLOYEE $ 11000,000 $ 1.�.� B THE P rRIFTO T1ivE INCL FARTOFFICCRSARE: EEXCL SEE PAGE TWO 10/01/01 10/01/02 PROJECT: LUBBO A.UMORI M DE3CRIP7tON OF twERATIONSnACATIONIrnEHICLEIIIPECIAL IYNUS jUPrTl NAY BE SUt.IM TO C®UCTOLYS OR RETEN1101113 The Certificate Holder Is induded as Additional Irma ed with rasped to General aiabllRy but only to the exent oii the Named Insuroft neglganca in Pwfornin9thecoMraa. WAIVER OF SUBBOCATIOR IS IMCLDDED IM FAVOR Op CERTIPIC= HOLDER, 8lRTtPit1AM HaLMRR CANGQ[_W(ON City of Lubbock SNCLI.D ANY OF THE POLICES 0=W10 I � E!F rLNCELLED t18FOR4 TEE F7QiWTICSN CATET11 MWk THE P"W% AFFDRDNO MEPA WL! CNMWOR TO ML ___= pars WRRM NM= TO bM .P.O. Box 2000 C1"WATE NCLM UM4b (left +. eur f ALURE TO MAL WCN NttICE 00" WWC ao oe "IM OR Lubbock, Texas 79457 LMIUMOFAmKIM Iona,-M WURW r „+ V0VMIAlV-- reAMMM80MUMMMIM IN U" INC. Y: i w herins S. 01"ry _..... . _ _ _ •- .. .....____—... .- .._ IC111(!I!!) — • ' .. - -- V/1 Ip A!i OF: O�/sze/Ii1 .._. POW. 0- NOV.13.2001 9:41AM GRINNELL FIRE NO.424 POLICY NUMBER; RXGL 6124879 CMMERC= GENERAL LIABILITY THIS ENDORSMCNT CBANGES TBE POLICY. PRASE READ ' IT CAREF=Y . ADDIT3:0b , IrTSURED OWNERS I LESSEES OR CONTRACTORS (FORM H) This endorsement modifies insurance provided 'under the following: COMMERCIAL GENERAL LIABILITY C4`I ERAGE PART. SCEMULE CITY OF LUABOCK P_0, BOX 2000 LUBBOCK, TEXAS 79457 IM: LUBBOCK ADDITORIM If no entry appears above, information required to complete this endorsement will be shown in the Declarations as aipplicable to this endorsement.) WEo 13 AN INSURED (Section II) is amended to include as an insured the person or organization shown in the s6hedule, but only with respect to liability arising out of "your work" f8r that insured by or for you. I IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY =NSURANCE AND ANY OTBER MURANCE MUM'A.INED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONL'PC AND NOT CONTRIBUTING WITH THIS INSURANCE. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE T$EREOF, THEI IssamG COMPANY WILT► MAIL 30 =3 WRITTEN NOTICE TO THE CERT. MCATE HOLDER. e L J19a'�to AGE CG 20 10 11 85 =VMMT, INSUMMCE S==CZ$ CKMCM, =C., 1984 NOV.13.2001 8:48AM GRINNELL FIRE i NO.420 P.3/3 r_ADVITIOWAL INFORMATION r�►c,oQl�o�aagra 9/26/0 ' COMPANIES AFFORDING COVERAGE JgWw AVU10 do Messts USA fie. CDWN„y irisk mmmem ent Caaua113r DepL. 41st FL JIM Avenue of she Amedcas E Tol. 212.345-3412 Faoc 212 34"WA New Yode, NY 10036.2774 P i F I aum TY'CO.TYCO.01/02 — swmrxo SIMPLIMCG UMNELL �pypq . SimplexGrinn.ell G I ' P.O. Box 1361 Lubbock, Texas 79408 O0�"`'„ l WORKERS COMPENSATION COVERAGE _...... _...�_.. _-- ._..... �— . _,.� . —.. .. _._ (.. _._._ ..., ...... __.....��,._..._ ... (A) AW RICANHOMEASSURANCE CO. i �.., RMWC5M471 CA (6) NATIONAL UNION FIRE INSURANCE CO. NV. OR RMWC 5277472 M) IN& CO. STATE OF PA AR, FL. MA, TN. VA RMWC W7473 (8) "OlS�g04NAL INS. CO. II,. l A RMWC (9) s� INS. CO. NY, W t RC 7 (5) ] SYODU O NCE CO. GA 476 (A) AME ASSURANCE CO. ALL OTHER STATES C 52YT47T I i I I A"+ pi..e ,., City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 ' 3MCLUMS NZ=ZAL OF ACOAD COLORATION W=6 j ZTS P>assao». REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 3 No Text CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 11" day of October, 2001 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and SIMPLEXGRINNELL, L.P. of the CITY OF LUBBOCK, COUNTY OF LUBBOCK and the STATE OF TEXAS hereinafter termed CONTRACTOR, WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #188-01/RS - CITY OF LUBBOCK AUDITORIUM FIRE ALARM AND SPRINKLER SYSTEM - $271,306.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make - payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. oft ATTEST: Secr tary AP P OVED AS TO C NTENT: Owner's Re resentative APPROVED AS TO FORM: dA= i City Attorney ATTEST: Corporate Secretary CONTRACTOR: SIMPLEX9RINNELL, L.P. c By: _ 4,Z" PRINTED NAME: TITLE: 0IS�irIG} COMPLETE ADDRESS: SimplexGrinnell, L.P. 1725 North Nashville Lubbock,Texas 79415 L..a GENERAL CONDITIONS OF THE AGREEMENT L.;a GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit SIMPLEXGRINNELL, L.P. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative FREDDY CHAVEZ ASSISTANT MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 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. F" 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12, RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13, LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The 2 "' calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's �.. Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. dam; 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. 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 r -- The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of .4 1 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 i men shall be discharged from the work and shall not again be employed on the work without the Owner's ` Representative's written consent. 3 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and i 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. I 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public j observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at j any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for l examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons —� competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. 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 I inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make .r such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the .� compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph - shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, 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." F 5 r-�- 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 T=j a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after, making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shalt be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give -� reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY raj The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or D 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, 6 F�* Fa 28. 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. 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 04* payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each 0 ' subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job P4 7 '1 and copy of the endorsement doing so is to be attached to the Certificate of Insurance. "l D. Installation Floater Insurance. The Contractor shall obtain an Installation Floater Insurance policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $1.000,000.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 1 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 �t 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 -1 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 they 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. l^ 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 ILI project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person OL 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 IL 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: MLI (1) a certificate of coverage, prior to the other person beginning work on the project; r 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 4 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 l 9 Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: a (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at i the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. �l (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 —1 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 1 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; 10 r, (fl (g) 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; post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE (h) "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as'an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, "and contractually require each person with whom it contracts to provide services on a project, to: 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; provide a certificate of coverage to the Contractor prior to that person beginning work on the project; 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."; 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; 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 11 .. J� r1 (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown ` on the current certificate of coverage ends during the duration of the project; _ (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance 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. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. M1�, Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except ^� that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 12 1 The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. 1, 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 „r 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. ILI 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the.awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $0 (ZERO DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION ;a It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution ` shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that '� 13 when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. , The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the l event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and T agreed that the actual amount of work to be done and the materials to be furnished under this _contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY I 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 1 this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, 14 1 L against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising IL; from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by'the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. -j• Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. ` 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding ` the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. T 15 i 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of —1 other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. i Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the —� amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's -, Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed -� that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 16 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 (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the 1 17 49. 50. 51. 52. 53. 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 I_ 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. BONDS 1 The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the _l Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. ,All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do _ business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 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. 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. 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. �• 1n case of dispute' -Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized* in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or 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. 19 No Text i RE: RESOLUTION NO.6262, ITEM NO.39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates a.. Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 .a., Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 IL Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 IL ;rl EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6:00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 i 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate �.; The rate for legal holidays shall be as required by the fair Labor Standards Act. 4 a, lam' 3 SPECIFICATIONS f e�h r: OF T�► ,! JOHN A. FAI'dNiNG �r 6 SECTION 09100 PAINTING PARTI-GENERAL NOTE: Conform with applicable provisions of the General Conditions Special Conditions, General Requirements, and Supplemental Conditions. SUBMITTALS: Submit manufacturer's data on all materials. '^ SAMPLES: Submit in triplicate. Prepare on heavy cardboard (not corrugated) size 6x6, identified on back. No finishing shall be done prior to approval of samples. SCOPE: ,., This section of the specifications comprises the furnishing of all labor, materials, transportation, tools and appliances and in performing all operations in connection with the painting of all surfaces specified. The Contractor shall thoroughly examine the other sections of the specifications for provisions regarding painting. He shall understand that all surfaces that are left unfinished by the requirements of other sections shall be painted or finished under this section of the work. PART It - PRODUCTS 4 MANUFACTURERS: Sherwin-Williams DuPont de Nemours & Co., Inc. Pratt and Lambert Co. MATERIALS: Deliver in new containers with unbroken seals, with labels intact. Use in strict accord with manufacturer's directions. Unless noted otherwise, Sherwin-Williams materials and designations have been used in these specifications as a guide to quality and type paint desired. 97070 09100-1 PART III - EXECUTION STORAGE: Store all materials in single place designated by Contractor and approved Engineer. Keep space neat and clean. Any damage thereto shall be made good by this Contractor. Remove each night all oily rags and waste and take every reasonable precaution against fire. WORKMANSHIP: Work shall be performed by skilled workmen in accordance with established good painting procedure as set forth by the specifications of the painting and decorating contractors of America. The Contractor shall submit a request for approval for each coat of paint applied. Surfaces to which paint is to be applied shall be dry and clean. No painting shall be done outside in extreme cold, frosty, foggy or damp weather. No painting shall be done in dusty areas. Paint shall not be applied to either wet, damp or greasy surfaces, and in no case, unless the preceeding coat is dry and hard. Painting done during winter weather shall be done only when the temperature is 50 degrees above Fahrenheit, or over, and all surfaces absolutely dry. Iron and steel (non -galvanized) arriving on the job with a shop prime coat shall be carefully sanded after erection, where scuffed, and all bare spots reprimed using the specified primer. Remove where practical, all weldspatter, burrs and sharp points from metal surfaces. Remove all oil and grease from all galvanized metal surfaces with approved solvent preparation. Clean up after all paint operations. PAINT SCHEDULE: Interior: 1. Iron and Steel (omit if shop primed) 2. Un-insulated piping, conduit & ductwork in Mechanical Equipment Rooms 3. Concrete Masonry 1 coat S-W Kromik Metal Primer E41 N1 2 coats S-W Kern Lustral Enamel 1 coat S-W Wall Primer & Sealer 2 coats S-W Quali-Kote Latex Flat 2 coats S-W Bloc-tex 2 coats S-W Quali Craft Eggshell Enamel 97070 09100-2 4. Other Surfaces 2 coats S-W Quali Craft Eggshell Enamel Provide Primer as Required by Surface. END OF SECTION .l, 97070 09100-3 d� SECTION 15000 GENERAL PROVISIONS FOR MECHANICAL AND ELECTRICAL PART I - GENERAL CHECKING DOCUMENTS: The drawings and the specifications are numbered consecutively. The Contractor shall check the drawings and specifications thoroughly and shall notify the Engineer of any discrepancies or omissions of sheets or pages. Upon notification, the Engineer will promptly provide the Contractor with any missing portions of the drawings or specifications. No discrepancies or omissions of sheets or pages of the contract documents will ( relieve the Contractor of his duty to provide all work required by the complete contract documents. GENERAL: In general, the lines and ducts to be installed by the various trades under these specifications shall be run as indicated, as specified herein, as required by particular conditions at the site, and as required to conform to the'generally accepted standards as to complete the work in a neat and satisfactorily workable manner. The following is a general outline concerning the running of various lines and ducts and is to be excepted where the drawings or conditions at the building necessitate deviating from these standards. All piping, conduit and ductwork for the mechanical and electrical trades shall pass vertically through finished areas concealed in chases, except as otherwise specified above, indicated on the drawings, or required. Horizontal lines run on the undersides of the construction above in areas that have ceilings shall be run concealed in those ceilings, unless otherwise specifically indicated or directed. Piping, ductwork, conduits and raceways may be run exposed in machinery and equipment spaces, where - j serving as connections to motors and equipment items in finished rooms where exposed connections are required, and elsewhere as indicated on the drawings or required. All conduits in any space where they are exposed shall run parallel with the building walls. They shall enter the concealed areas perpendicular with the walls, ceilings or floors. Fittings shall be used where necessary PAM to comply with this requirement. The Contractor shall thoroughly acquaint himself with the details of the construction and finishes before submitting his bid as no allowances will be made because of the Contractor's unfamiliarity with these details. Place all inserts in masonry walls while they are under construction. All concealed lines shall be installed as required by the pace of the general construction to precede that general construction. The mechanical and electrical plans do not give exact details as to elevations of lines and ducts, exact locations, etc., and do not show all the offsets, control lines, pilot lines and other installation details. The Contractor shall carefully lay out his work at the site to conform to the architectural and structural conditions, to provide proper grading of lines, to avoid all obstruction, to conform to details of installation supplied by the manufacturers of the equipment to be installed, and thereby to provide an integrated, satisfactorily operating installation. The electrical plans show diagrammatically the locations of the various electrical outlets and apparatus and the method of circuiting and controlling them. Exact locations of these outlets and apparatus shall be determined by reference to the general plans and to all detail drawings, equipment drawings, roughing -in drawings, etc. by measurements at the building, and in cooperation with other sections, and in all cases shall be subject to the approval of the Engineer. The Engineer reserves the right to make any reasonable change in location of any outlet or apparatus before installation or after installation if an obvious conflict exists, without additional cost to the owner. 97070 15000 -1 The mechanical plans do not give exact locations of outlets, fixtures, equipment items, etc. The exact t location of each item shall be determined by reference to the general plans and to all detail drawings, equipment drawings, roughing -in drawings, etc., by measurements at the building, and in cooperation with other sections. Minor relocations necessitated by the conditions at the site or as directed by the Engineer shall be made without any additional cost accruing to the Owner. The Contractor shall be responsible for the proper fitting of his material and apparatus into the space. Should the particular equipment which any bidder proposes to install require other space conditions than those indicated on the drawings, he shall arrange for such space with the Engineer before submitting his bid. Should changes become necessary on account of failure to comply with this clause, the Contractor shall make such necessary changes at his (the Contractor's) own expense. The Contractor shall submit working scale drawings of all his apparatus and equipment which in any way varies from these specifications and plans, which shall be checked by the Engineer before the work is started, and interferences with the structural conditions shall be corrected by the Contractor before the work proceeds. Order of precedence shall be observed in laying out the pipe, ductwork, material, and conduit in order to fit the material into the space above the ceiling and in the chases and walls. The following order shall govern. 1. Items affecting the visual appearance of the inside of the building such as lighting fixtures, diffusers, grilles, outlets, panelboards, etc. Coordinate all items to avoid conflicts at the site. 2. Lines requiring grade to function such as sewers. 3. Large ducts and pipes with critical clearances. 4. Conduit, water lines, and other lines whose routing is not critical and whose function would not be impaired by bends and offsets. Piping, ducts and conduits serving outlets on items of equipment shall be run in the most appropriate manner. Where the equipment has built-in chases, the lines shall be contained therein. Where the equipment is of the open type, the lines shall be run as close as possible to the underside of the top and in a neat and inconspicuous manner. Exceptions and inconsistencies in plans and specifications shall be brought to the Engineer's attention before the contract is signed, otherwise the Contractor shall be responsible for any and all changes and additions that may be necessary to accommodate his particular apparatus, material, or equipment. The Contractor shall distinctly understand that the work described herein and shown on the accompanying drawings shall result in a finished and working job, and any item required to accomplish this intent shall be included whether specifically mentioned or not. Each bidder shall examine the plans and specifications for the General Construction. If these documents show any item requiring work under Division 15 or 16 and that work is not indicated on the respective "M", 'E", "P" drawings he shall notify the Engineer in sufficient time to clarify before bidding. If no notification is received, the Contractor is assumed to require no clarification, and shall install the work as indicated on the General Plans in accordance with the specifications. DIMENSIONS: Before ordering any material or doing any work, the Contractor shall verify all dimensions, including elevations, and shall be responsible for the correctness of the same. No extra charge or compensation will be allowed on account of differences between actual dimensions and measurements indicated on the 97070 15000 - 2 i S drawings. Any difference which may be found shall be submitted to the Engineer for consideration before proceeding with the work. \' INSPECTION OF SITE: The accompanying plans do not indicate completely the existing mechanical and electrical installations. The bidders for the work under these sections of the specifications shall inspect the existing installations and thoroughly acquaint themselves with conditions to be met and the work to be accomplished in removing and modifying the existing work, and in installing the new work in the present building and underground serving to and from that structure. Failure to comply with this shall not constitute grounds for any additional payments in connection with removing or modifying any part of the existing installations and/or installing any new work. ELECTRICAL WIRING: All electric wiring of every character, both for power supply, for pilot and control, for temperature control, for communications, etc. will be done under Division 16 of these specifications. Every electrical current consuming device furnished as a part of this project, or furnished by the Owner and installed in this project, shall be completely wired up under Division 16. Verification of exact location, method of connection, number and size of wires required, voltage requirements, and phase requirements is the responsibility of the Contractor under Division 16. If conflicts occur between the drawings and the actual requirements, actual requirements Shall govern. PROGRESS OF WORK: The Contractor shall keep himself fully informed as to the progress of the work and do his work at the proper time without waiting for notification from the Engineer or Owner. MANUFACTURER'S DIRECTIONS: All manufactured articles shall be applied, installed and handled as directed by the manufacturer. MATERIALS AND WORKMANSHIP: All materials shall be new unless otherwise specified, and of the quality specified. Materials shall be free from defects. All materials of a type for which the Underwriters' Laboratories, Inc., have established a standard PM shall be listed by the Underwriters' Laboratories, Inc., and shall bear their label. Wherever the make of material or apparatus required is not definitely specified, the Contractor shall submit a sample to the Engineer before proceeding. The Engineer reserves the right to call for samples of any item of material offered in substitution, together with a sample of the specified material, when, in the Engineer's opinion, the quality of the material and/or the appearance is involved and its deemed that an evaluation of the two materials may be better made by visual inspection. This shall be limited to lighting fixtures, wiring devices, plumbing brass, grilles, registers, ceiling outlets and similar items and shall not be applicable to major manufacturers items of equipment. The Contractor shall be responsible for transportation of his materials to and on the job, and shall be responsible for the storage and protection of his materials and work until the final acceptance of the job. The Contractor shall furnish all necessary scaffolding, tackle, tools, and appurtenances of all kinds, and all labor required for the safe and expeditious execution of his contract. The workmanship shall in all respects be of the highest grade and all construction done according to the best practice of the trade. 97070 15000 - 3 SUBSTITUTION OF MATERIAL: Where a definite material or only one manufacturer's name is mentioned in these specifications, it has been ' 1. done in order to establish a standard. The product of the particular manufacturer mentioned is of satisfactory construction and any substitution must be of quality as good as or better than the named article. No substitution shall be made without review by the Engineer, who will be the sole judge of equality. �- Within 30 days of being awarded the Contract for any section or sections of the work under this heading, the Contractor shall submit for approval a complete list of the materials he proposes to use. This list shall give manufacturer's names and designations corresponding to each and every item and the submission shall be accompanied by complete descriptive literature and/or any supplementary data, drawings, etc., necessary to give full and complete details. If the material is not submitted within 30 days of the contract signing, the Contractor shall furnish the specified materials. 1 Should a substitution be accepted under the provisions of the conditions of these specifications, and should this substitute prove to be defective or otherwise unsatisfactory for the service for which it is intended within I the guarantee period, the Contractor who originally requested the substitution shall replace the substitute material with the specified material. SHOP DRAWINGS: Wherever shop drawings are called for in these specifications, they shall be furnished by the Contractor for the work involved after review by the Engineer as to the make and type of material and in sufficient time so that no delay or changes will be caused. This is done in order to facilitate progress on the job and failure on the part of the Contractor to comply shall render him liable to stand the expense of any and all delays, changes in construction, etc., occasioned by his failure to provide the necessary details. Also, if the Contractor fails to comply with this provision, the Engineer reserves the right to go directly to the manufacturer he selects and secure any details he might deem necessary and should there be any charges in connection with this, they shall be borne by the Contractor. _1 Shop drawings will be reviewed by the Engineer for general compliance with the design concept of the project and general compliance with the information given in the contract documents. Review by the Engineer and any action by the Engineer in marking shop drawings is subject to the requirements of the entire contract ^j documents. Contractor will be held responsible for quantities, dimensions which shall be confirmed and correlated at the job site, fabrication processes and techniques of construction, coordination of all trades and the satisfactory performance of his work. -1 1. Shop drawings submitted shall not consist of manufacturer's catalogues or tear sheets therefrom that contain no indication of the exact item offered. Rather, the submission of individual items shall designate the exact item offered and shall clearly identify the item with the project. All shop drawings shall be submitted at one time and shall consist of a bound catalogue of all shop drawings under each section, properly indexed and certified that they have been checked by the Contractor. The omissions of any material from the shop drawings which has been shown on the contract drawings or specified, even though the Engineer has reviewed the remainder of the submitted_ material, shall not relieve this contractor from furnishing and erecting same. PROTECTION OF APPARATUS: The Contractor shall at all times take such precautions as may be necessary to properly protect his new apparatus from damage. This shall include the erection of all required temporary shelters to adequately protect any apparatus stored in the open on the site, the cribbing of any apparatus above the floor of the construction, and the covering of apparatus in the incompleted building with tarpaulines or other protective 97070 15000 - 4 covering. Failure on the part of the Contractor to comply with the above to the entire satisfaction of the Engineer will be sufficient cause for the rejection of the pieces of apparatus in question. PERMITS, FEES, ETC: The Contractor under each section of these specifications shall arrange for a permit from the local authority. The Contractor shall arrange for water, gas and electric services. If any charges are made by any of the utility companies due to the work on this project, the contractor shall pay these charges, including charges for metering, connection, street cutting, etc. The Contractor shall pay for any inspection fees, or other fees and charges required by ordinance, law, codes and these specifications. TESTING: t The Contractor under each division shall at his own expense perform the various tests as specified and r required by the Engineer and as required by the State and local authorities. The Contractor shall furnish all fuel and materials necessary for making tests. LAWS, CODES AND ORDINANCES: �* All work shall be executed in strict accordance with all local, state, and national codes, ordinances, and regulations governing the particular class of work involved, as interpreted by the inspecting authority. The Contractor shall be responsible for the final execution of the work under this heading to suit those requirements. Where these specifications and the accompanying drawings conflict with these requirements, the Contractor shall report the matter to the Engineer, shall prepare any supplemental drawings required n r illustrating how the work may be installed so as to comply and on approval, make the changes at no cost to the Owner. On completion of the various portions of the work the installation shall be tested by the constituted �^ authorities and approved and on completion of the work, the Contractor shall obtain and deliver to the Owner a final certificate of acceptance. TERMINOLOGY: Whenever the words "furnish", "provide", "furnish and install," "provide and install", and/or similar phrases occur, it is the intent that the materials and equipment described be furnished, installed and connected under this Division of the Specifications, complete for operation unless specifically noted to the contrary. Where a material is described in detail, listed by catalogue number, or otherwise called for, it shall be the Contractor's responsibility to furnish and install the material. The use of the word "shall" conveys a mandatory condition to the contract. "This section" always refers to the section in which the statement occurs. 'The project" includes all work in progress during the construction period. .t» In describing the various items of equipment, in general, each item will be described singularly, even though there may be a multiplicity of identical or similar items. r COOPERATION AND CLEANING UP: The contractor for the work under each section of these specifications shall coordinate his work with the work described in all other sections of the specifications to the end that, as a whole, the job shall be a finished one of its kind, and shall carryon his work in such a manner that none of the work under any section of these specifications shall be handicapped, hindered, or delayed at any time. 1 97070 15000 - 5 t-� At all times during the progress of the work, the Contractor shall keep the premises clean and free of 9`Z; unnecessary materials and debris. The Contractor shall, on direction at any time from the Engineer, clear any 1 designated areas or area of materials and debris. On completion of any portion of the work, the Contractor shall remove from the premises all tools and machinery and all debris occasioned by the work, leaving the =_ premises free of all obstructions and hindrances. COORDINATION OF TRADES: The contractor shall be responsible for resolving all coordination required between trades. For example: Items fumished under Division 15 which require electrical connections shall be coordinated with Division 16 for. 1. Voltage 2. Phase 3. Ampacity 4. No. and size of wires 5. Wiring diagrams —� 6. Starter size, details and location 7. Control devices and details Items furnished under various sections which require plumbing connections shall be coordinated for services, pressure, size and location of connections, type of fuel, clearances for service, auxiliary devices required, etc. Items requiring insulation shall be fully insulated and that insulation shall be checked against manufacturers directions and job requirements for suitability, coverage, thickness and finish. Items installed in/on finished ceilings shall be coordinated with the ceiling construction. The contractor under each section shall conform to the reflected ceiling plan and shall secure details and/or samples of the ceiling materials as necessary to insure compatibility. Any device not conforming to this requirement shall be replaced by the Contractor at his expense. I All items specified under Divisions 15 and 16 shall be installed tight, plumb, level, square and symmetrically placed in relation to the work of other trades. CUTTING AND PATCHING: The Contractor for work specified under each section shall perform all structural and general construction modifications and cut all openings through either roof, walls, floors, or ceilings required to install all work specified under that section or to repair any defects that appear up to the expiration of the guarantee. All of this cutting shall be done under the supervision of the Engineer, and the Contractor shall exercise due diligence to avoid cutting openings larger than required or in wrong locations. Verify the scope of this work at the site and in cooperation with all other trades before bidding. No cutting shall be done to any of the structural members that would tend to lessen their strength, unless specific permission is granted by the Engineer to do such cutting. The Contractor for work under each section shall be responsible for the patching of all openings cut to install the work covered by that section and to repair the damage resulting from the failure of any part of the work installed hereunder. Before bidding, the Contractor shall review and coordinate the cutting and patching required under the respective section with all trades. J 97070 15000 - 6 �1 AZ In all spaces where new work under Division 15 and 16 is installed and no other alteration or refinishing work is shown or called for, existing floors, walls and ceilings shall be restored to match existing conditions. All cutting and patching shall be done by workmen skilled in the affected trade. Where openings are cut through masonry walls, the Contractor under each respective section shall provide and install lintels or other structural supports to protect the remaining masonry and adequate support shall be provided during the cutting operation to prevent any damage to the masonry occasioned by the operation. All structural members, supports, etc. shall be of the size, shape, and installed as directed by the Engineer. '^ ACCESS PANELS: Wherever mechanical and/or electrical equipment is installed and where future access is required through either walls or ceilings and such cannot be obtained through the removable ceiling or through other means, the Contractor shall provide Milcor Style "M" access doors at least 12 inches by 12 inches in size or larger if required for access. Provide access doors for all fire dampers, smoke dampers, valves, etc. USE OF SYSTEMS: It is considered that it will be necessary to operate the mechanical systems to provide heating and ventilation in portions of the building that are enclosed. As systems or portions of systems become operable, they shall be operated as required to maintain habitable conditions in enclosed portions of the building that are still under construction and portions that are fully complete as may be required to properly protect installed piping, equipment and finishes. In order to provide protection to ducts, plenums, etc. install temporary filters over or in return air openings until all finished painting is completed. Protect supply outlets, coils, etc. as necessary in each case. Except for operation of cooling equipment to prove its performance and to adjust and balance the systems, that equipment will not be operated for comfort of construction workers. The use of the equipment for maintaining environmental and/or protective temperature conditions shall in no way constitute acceptance of that equipment and the connected piping, ducts, insulation, finishes, etc. by the Owner. Furthermore, it shall in no way shorten the guarantee period hereinafter specified. The Contractor shall either secure extended warranties from the vendors of equipment or shall purchase insurance to provide proper coverage on the equipment through the guarantee period and shall file with the Engineer substantiating affidavits from equipment manufacturers or a copy of the insurance policy covering the equipment through the guarantee period. The personal underwriting of the Contractor for equipment manufacturer's warranties is not acceptable, but his personal underwriting of piping, ductwork, insulation, and associated materials is acceptable, subject to the provisions of the contract. The Contractor shall provide such labor as may be required in the operation of the systems and shall pay all costs. PAINTING: New and touch up painting shall be performed by Contractor. if the factory finish on any apparatus or equipment is marred, it shall be touched up and then given one coat of half flat half enamel, followed by a coat of machinery enamel of a color to match the original. Paint factory primed surfaces. ` SALVAGE MATERIALS: Existing equipment, piping, duct, wire, conduit, fixtures, convectors, accessories, and other items associated with the mechanical, electrical or plumbing systems, where abandon, exposed to view or uncovered by any ,`' 97070 15000 - 7 cutting or removal of general construction: If the item has no continuing function (as determined by the Engineer) it shall be removed by the Contractor under the section in which the item normally falls. Existing items that are abandon shall be removed from building. =-1 All items or materials removed from the Project shall be made available for the Owner's inspection. The owner retains the option to claim any item or material. Contractor shall deliver any claimed item or material in good condition to the ,place designated by the owner. All items not claimed become the property of the Contractor and shall be removed from the site. SCHEDULE OF WORK: The Contractor shall program his work in such manner as to interfere as little as possible with the normal routine of the Owner. It must be understood that the Owner will continue to function throughout the construction period. All water, electrical and sanitary facilities shall therefore be continued in operation with a minimum of interruption and the Contractor shall make any temporary connections necessary to comply with this requirement. The work under the various sections must be expedited and close coordination will be required in executing the work. The various trades shall perform their portion of the work at such times as directed so as to insure meeting scheduled completion dates, and to avoid delaying any other trade. The Engineer will set up completion dates, schedule the times of work in the various areas involved, etc. WORKING TIME: Where new connections are to be made into existing lines, present lines must be relocated or rerouted, present equipment items relocated, or other work accomplished that would affect the operation of the present building, the work shall be carried on at such times as to cause a minimum of interference with the normal operation of that building. In certain cases the work may be accomplished during normal working hours. The work may have to be executed during times of the day outside of the normal working period, on holidays, etc. Each individual case presents a separate decision as to the time during which it shall be performed. The I Contractor involved shall present each case to the Engineer for his decision, which will be made after due consultation with the Owner. No additional compensation for overtime will be granted for compliance with these requirements. INSTALLATION DRAWINGS: It shall be incumbent upon the Contractor to prepare special drawings as called for elsewhere herein or directed by the Engineer to coordinate the work under each section, to illustrate changes in his work, to facilitate its concealment in finished spaces or avoid obstructions, or to illustrate the adaptability of any item of equipment which he proposes to use. J These drawings shall be used in the field for the actual installation of the work. Unless otherwise directed, they shall not be submitted for approval, but three copies shall be provided to the Engineer for his information. OPERATING INSTRUCTIONS: The Contractor for each section of the work hereunder shall, in cooperation with the representatives of the manufacturers of various equipment items carefully instruct the Owner's representatives in the proper operation of each item of equipment and of each system. During the balancing and adjusting of systems, the Owner's representative shall be made familiar with all procedures. ill 97070 15000 - 8 OPERATING MANUALS: Prepare and submit 3 copies of the operating manuals bound in hard covers. Three weeks prior to completion of the work, the Engineer will check the manuals and any additional material necessary to complete the manuals shall be furnished and inserted by the Contractor. Manuals shall contain the following data: 1. Catalogue data of all equipment. 2. Shop drawings of all equipment. 3. Trouble shooting procedures for major equipment. 4. Wiring diagrams. R 5. Recommended maintenance schedule for equipment. 6. Parts list for all items. 7. Name and address of each vendor. GUARANTEE: Unless a longer guarantee is hereinafter called for, all work, material and equipment items shall be guaranteed for a period of one year after acceptance by the Owner. All defects in labor and materials occurring during this period, as determined by the Engineer, shall be repaired and/or replaced to the complete satisfaction of the Engineer. Guarantee shall be in writing and in triplicate. COMPLETION REQUIREMENTS: Before acceptance and final payment the Contractor under each Division of the specifications shall furnish: r 1. Accurate "as built' record drawings, shown in red ink on blue line prints furnished for that purpose all changes from the original plans made during installation of the work. Drawings shall be filed with the Engineer when the work is completed. r 2. All manufacturer's guarantees. 3. All operating manuals. 4. Guarantees. ( CONTRACTOR'S RESPONSIBILITY FOR FINAL INSPECTION: Before calling for the final inspection, the Contractor under each Division shall carefully inspect his work to be I sure it is complete and according to plans and specifications. END OF SECTION l" �,,� 97070 15000 - 9 SECTION 15110 3•. SITE UTILITIES PARTI GENERAL NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. SUBMITTALS: Submit manufacturer's data on all materials. SCOPE: Perform all layout, trenching, excavation, backfill, shoring and similar work and provide and install all materials and appurtenances necessary for the installation and final connection of all utilities. EXISTING UTILITIES: Prior to beginning work, manually locate and stake all utility lines existing at the site. The Contractor shall not rely solely on the scale drawings in determining the scope of the work. ^* The drawings are not certified surveys and are not guaranteed for accuracy of location or elevation of existing lines or completeness. Before bidding, each bidder shall by personal examination of the project satisfy himself as to the existing conditions which prevail. r Reasonable differences in actual jobsite dimensions and the drawings shall not be considered justification for ;. a change in the contract sum. r ". Interruptions: Conduct operations to minimize service outages. When interruptions is unavoidable, schedule the interruption in consultation with the Engineer and Owner to occur at a time of least demand for the utility. 4 Notify the Owner of requested interruption time at least 24 hours in advance of outage. f Utilities to Remain: Protect from damage due to construction operations. Repair or replace portions so damaged as directed by the Engineer. PART 11- PRODUCTS MATERIALS: F All piping materials for every purpose shall be furnished and installed as hereinafter specified. rL All pipe and fittings shall be new and unused unless specifically indicated otherwise. FIRE LINE: PVC Piping: ASTM D-2241, SDR-17, Class 150, bell and spigot with ASTM D-1869 rubber gasket, Johns -Manville Blue Brute. t z r ' 97070 15110-1 k INDICATOR POST. Buried Valves with Indicator Posts: The valves shall be designed specifically for use with indicator posts. Design working pressure shall be 175 psi. Valves shall have mechanical joint ends except where flanged ends are shown on the drawings. Indicator post flanges shall be provided. Valves shall be listed and approved by UL and/or FM. Indicator posts shall be UL or FM approved. The barrel shall be of adjustable height. Each unit shall be furnished with an operating wrench. Extension stems and extension barrel sections shall be furnished where required. Guard posts shall be provided around each post indicator valve. PART III - EXECUTION LAYOUT OF UTILITY LINES: Before starting excavation Contractor shall: Uncover and determine the elevation at beginning and end terminals of each line. 2. Compute and verify depth of all lines and submit figures in writing. Stake route of each line. 4. Locate and identify any conflicting underground structures and adjust grade or routing to accommodate installation of the lines. LAYING PIPE: Lay pipe to the lines and profiles required by conditions at the site and the drawings. Keep pipe trenches free of water and dry during the bedding, laying and jointing operations. Install fittings and valves at the required locations, with joints centered and with valve stems vertical. Handle pipe carefully to avoid damage to dimensioned ends. Remove pipe with damaged ends which cannot be suitably repaired. Keep interior of piping and accessories clean. EXCAVATION FOR OUTSIDE UTILITIES: The Contractor shall perform any excavations of every description and of whatever substances encountered, to the depths indicated on the drawings and/or required for the installation of his work. Trench Width: The minimum width of the trench shall be the outside diameter of the pipe plus 12" and the maximum width shall be the outside diameter of the pipe plus 18". The trenching equipment shall be maintained on a sufficiently level road bed to provide substantially vertical trench walls from bottom of trench to the top of the trench. Bell Holes: Bell holes shall be provided at each joint to permit the joint to be made properly. Pipe Clearance in Rocks: Ledge rock, boulders, and large stones shall be removed to provide a clearance of at least 6" below and on each side of all pipe, valves and fittings for pipes 24" in diameter or less and 9" for pipes larger than 24" in diameter. The specified minimum clearances are the minimum clear distances that will be permitted between any part of the pipe and appurtenances being laid and any part, projection, or point of such rock, boulder, or stone. Trench Excavation: The trench shall be excavated to the depth required so as to provide a uniform and continuous bearing and support for the pipe on solid and undisturbed ground at every point between bell holes, except that it will be permissible to disturb and otherwise damage the finished surface over a 97070 15110-2 maximum length of 18" near the middle of each length of pipe by withdrawal of pipe slings or other lifting tackle. There shall be no classification of or extra payment for excavated materials, and all materials r, encountered shall be excavated as required. Bury: Nonmetallic pipe shall be buried with 36" minimum cover, metallic pipe shall have minimum 24" cover. Bracing and Sheeting: Open -cut trenches shall be sheeted and braced as required by OSHA and as may be necessary for the. safety of the workmen or protection of property. Piling of Excavated Materials: All excavated material shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. Segregate topsoil for replacement. Unused material shall be removed from the site. Trenching Methods: Trench digging machinery may be used to make trench excavations except where operation of same would cause damage to existing structures, or plants either above or below ground; in such instances hand methods shall be employed. Barricades and Safety Provisions: To protect persons from injury and to avoid property damage, adequate barricades, construction signs, warning lights and guards as required shall be placed and maintained during i 7 progress of the construction work. All material, piles, equipment, pipe, and open trenches that may serve as hazards to vehicular or pedestrian traffic shall be protected by barricades or fences and warning lights. Protection of Property and Structures: Temporary support, adequate protection, and maintenance of all underground and surface structures, drains, sewers, and other obstructions encountered in the progress of the work shall be furnished by the Contractor at his expense and under the direction of the Engineer. Any structures that have been disturbed shall be restored upon completion of the work. BACKFILLING: The trenches shall not be backfilled until all required tests are performed and until the utilities systems as installed conform to the requirements specified hereinafter. The trenches shall be carefully backfilled with the excavation materials approved for backfilling, consisting of earth, loam, sandy clay, sand and gravel, soft shale, or other approved materials free from large clods of earth or stones deposited in thoroughly and "" carefully rammed 6" layers, until the pipe has a cover of not less than one foot for water mains and two feet where possible for other lines. The remainder of the backfill material shall then be thrown into the trench, moistened and tamped in one foot layers. Blasted rock, broken concrete or pavement, and large boulders shall not be used as backfill material. Settling the backfill with water will be permissible and will be a requirement when so directed. Any trenches improperly backfilled or where settlement occurs, shall be reopened to the depth required for proper compaction, then refilled and mounded over, and smoothed off. Open trenches across roadways or other areas to be paved shall be backfilled as specified above, except ,. that the entire depth of the trench shall be backfilled in 6" layers, each layer moistened and compacted to a density at least equal to that of the surrounding earth in such manner as to permit the rolling and compaction of the filled trench together with the adjoining earth to provide the required bearing value, so that paving of the area can proceed immediately after backfilling is completed. Along all other portions of the trenches, the ground shall be graded to a reasonable uniformity and the mounding over the trenches left in a uniform and neat condition. + 97070 15110-3 BORED CROSSINGS UNDER WALKS: Crossings beneath walks may be bored rather than open -cut but casing is not required. The trench may be open cut to within three feet of the edge of the pavement. Boring shall proceed from a pit provided for the boring equipment and workmen. The use of water or other fluids in connection with the boring operation will be permitted only to the extent required to lubricate cuttings. Jetting will not be permitted. Care shall be taken to keep the bore on proper line and grade. OPENING AND RECLOSI'NG PAVEMENT: a Where excavation requires the opening of existing walks, streets, drives or other existing pavement, that -1 pavement shall be cut as required to install new lines and to make new connections to existing lines. The sizes of the cut shall be held to a minimum, consistent with the work to be completed. When the excavation has been backfilled, the paving shall be patched, using materials to match those cut out. The patches shall thoroughly bond with the original surfaces and shall be level with them. Quality of the patch shall be equal to or better than adjacent paving. CONCRETE WORK: All concrete work pertaining to the various concrete structures hereinafter specified to be furnished and installed by the Contractor shall be done in strict accordance with the applicable provisions of the General Specifications for plain and reinforced concrete work. PROTECTION OF WORK, PROPERTY AND SERVICES OF OWNER: The Contractor shall take precaution to protect existing facilities and features within the designated construction limits and along the access to the construction site. The Contractor shall maintain adequate protection of the project from damage and protect the Owner's property from injury or loss arising from activities conducted in connection with the Project. The Contractor shall under all circumstances make good any such damage, injury or loss. Under no circumstances shall the Contractor use, interrupt, dismember, diminish or discontinue any service of the Owner unless written permission to do so has been secured in advance from the Engineer/Owner. In the conduct of the work of this Project, the Contractor shall exercise care to protect the Owner's drives, walks, trees and shrubs. Any damage done to walks and drives shall be repaired by the Contractor in a manner which meets the approval of the Owner's duly appointed representative. Particular care shall be exercised in protecting trees. If in the judgement of the Engineer, circumstances warrant such an action, the Contractor shall construct protective enclosures for trees. If limbs must be cut from trees they shall be cut only by tree surgeons designated by the Owner. If shrubbery interferes with the progress of the work, the Owner shall be duly notified. If, in the judgement of the Owner, the shrubbery needs to be preserved, it will be removed by the owner's staff. If the shrubbery is not to be preserved, it shall be removed by the Contractor. Great care shall be exercised at all times in order that the Owner's equipment or services may not be jeopardized by cutting, excavating, fitting, digging or patching conducted by the Contractor. When the whole or a portion of the project is suspended, the Contractor shall protect with care such parts of the Project liable to sustain injury. The Contractor shall protect existing trees and other vegetation indicated to remain in place, against unnecessary cutting, breaking or skinning of roots, skinning and bruising of bark, smothering of trees by stockpiling construction materials or excavated materials within drip line, excess foot or vehicular traffic, or 97070 15110-4 parking of vehicles within drip line. The Contractor shall provide temporary fences, barricades or guards as required to protect trees and vegetation to be left standing. The Contractor shall protect all portions of the underground sprinkler system located within the designated limits of construction area. Any damage incurred to the system shall be repaired or replaced at the Contractor's expense. - Fire Protection Water Service: Connect to the existing water service line at the site. WATER LINES MECHANICAL OR ELASTOMERIC JOINTS: Pressure Test: After the pipe has been laid and backfilled to the centerline, except at joints which shall be left uncovered, all piping or any valved section thereof shall be subjected to a hydrostatic pressure test. The test pressure shall be 200 psig, and the duration of the test shall be not less than 2 hours. Procedure: Each valved section of pipe shall be slowly filled with water and the specified test pressure, ' based on the elevation of the lowest point of the line or section under test and corrected to the elevation of the test gage, shall be applied by means of a pump in a manner approved by the Engineer. The pump, pipe connections, and all necessary apparatus including test gages shall be furnished by the Contractor. The test gages shall have recent certification papers verifying that the gages are accurate within 1% of full scale. The Contractor shall be responsible for conducting the tests under the observation of the Engineer. Air Removal Before Test: Before applying the specified test pressure, all air shall be expelled from the pipe. If permanent air vents are not located at all high points, the Contractor shall install corporation cocks at such points so the air can be expelled as the line is filled with water. After all the air has been expelled, the corporation cocks shall be closed and the test pressure applied. Remove Corporation Cocks and cap after testing. Examination Under Pressure: All exposed pipe, fittings, valves, hydrants, and joints shall be carefully examined during the open -trench test. Any cracked or defective pipe, fittings or valves discovered in consequence of this pressure test shall be removed and replaced by the Contractor with sound material, and the test shall be repeated until no further defects are observed. Leakage Test: A leakage test shall be made concurrently with the pressure test or immediately following. The Contractor shall furnish the pump, pipe, connections, test gages, calibrated containers, or measuring devices, and all other necessary apparatus and shall conduct the test under the observation of the Engineer. The duration of each leakage test shall be two hours, and during the test the main shall be subjected to the pressure previously specified for the pressure test. The test gages shall be as specified for pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain the specified leakage test pressure after the air in the pipeline has been expelled and the pipe has been filled with water. No pipe installation will be accepted if the leakage is greater than the allowable leakage calculated in accordance with paragraph 9903 of NFPA Pamphlet No. 24. The allowable leakage under this Standard for rubber gasketed joints is 2 quarts per hour per 100 joints irrespective of pipe diameter with the leakage distributed overall joints. The Engineer shall be furnished a written report of the results of each leakage test that identifies the specific length of pipe tested, the pressure, the duration of the test, and the amount of leakage. Variation from Permissible Leakage: If any test of pipe discloses leakage greater than the specified amount, the Contractor shall at his own expense locate and repair the leaks until the leakage is within the specified amount. ,? 97070 15110-5 �l Time for Making Tests: The pipe may be subjected to hydrostatic pressure and inspected and tested for -�- leakage at any convenient time after the trench has been partially backfilled except at the joints. Where any section of a main is provided with concrete blocking, the hydrostatic pressure test shall not be made until at least five days have elapsed after the concrete blocking was installed. If high -early strength cement is used in the concrete blocking, the hydrostatic pressure test shall not be made until at least 2 days have elapsed. END OF SECTION 97070 15110-6 SECTION 15210 Conform with applicable provisions of the General Conditions Special Conditions, General Requirements, and Supplemental Conditions. SUBMITTALS: Submit manufacturer's data on all materials, provide complete plan layout of system and hydraulic calculation (for hydraulic design) for approval. SCOPE: The entire building area shall be protected by an ordinary hazard automatic sprinkler system connected to existing system. The design and installation shall be done by a Contractor regularly engaged in the construction of fire protection sprinklers systems and licensed for such by the authorities having jurisdiction. APPLICABLE SPECIFICATIONS: x. The design and installation of the Automatic Sprinkler Systems and the Alarm and Supervisory Systems shall be in strict accordance with all mandatory and recommended provisions of the NFPA, FM, UBC, and UL publications. All recommended provisions of the NFPA (National Fire Codes) listed below shall be considered as mandatory requirements. Issues of the following publications, including revisions and amendment as of the date of award of this contract, form a part of this specification. 1. National Fire Protection Association Standards (NFPA) 2. No. 101 Life Safety Code 3. No. 13 Sprinkler System 4. No. 70 National Electrical Code 5. No. 72C Remote Station Protective Signaling Systems 6. Factory Mutual System, Factory Mutual Engineering Corporation Publication (FM) 7. Underwriter's Laboratories, Inc. Publication (UL) 8. Approved Equipment Lists (with supplements). { 9. Interpretations of state and local authorities GENERAL: All material and equipment shall be new and the current standard products of the manufacturer. Where two or more items of equipment performing the same function are required, they shall be exact duplicates, produced by one manufacturer. However, component parts need not be products of the same manufacturer. a All materials and equipment shall be UL listed and/or FM approved for systems of the type indicated on the drawings, unless otherwise noted, and shall conform to the requirements of NFPA No. 13. *" 97070 15210-1 t. PART II — PRODUCTS MATERIALS AND EQUIPMENT: The following is a listing of the materials and specifications. The list is comprehensive in nature. it is not intended that all materials listed will necessarily be required, but that those required for the work be selected from this listing. All pipe and fittings shall be non -galvanized, except where called for on the drawings or required by code. ITEM SIZE (INCL) SPECIFICATIONS 1 Pipe All Schedule 40 steel, ASTM A120 or A53 Fittings, Grooved All Schedule 10, ASTM 120 Fir Grooved Fittings Fittings, Screwed All Malleable iron, 150 lb, ANSI B16.3. Cast iron acceptable. Fittings, Flanged All Steel, 150 lb, ANSI B16.5. Cast iron not acceptable. Fittings, Welding All Steel, Sch. 40, ANSI B16.9 �i. Flanges All Steel, 150 lb, ANSI B16.5. Cast iron not acceptable. Threadolets Sockolets Thru 2" Steel, ANSI B16.11 ASTM A105 Weldolets 2" and larger Steel, 90 degrees STD only, ANSI B16.9, ASTM 105 Plugs All Brass, square head, 125 lb, ANSI B16.5 Unions Thru 2" Malleable iron, 300 lb bronze to iron ground joint Flange Gaskets All Red rubber 1/16 inch, ANSI B16.21 Valves: �1 Globe Valves Thru 2" Screwed, bronze body, rising stem, 175 lb WWP, screw -in bonnet, renewable disc, Kennedy Fig. 97. ? Angle Valves Thru 2" Screwed, bronze body, rising stem, 175 lb WWP, screw -in bonnet, renewable disc, ^j Kennedy Fig. 98. Gate Valves Thru 2" Screwed, bronze body, OS&Y, 175 lb VWVP, �1 Kennedy Fig. 66. Gate Valves 2-1/2" & Larger Flanged, iron body, OS&Y, 175 lb WWP, Kennedy Fig. 68 Check Valve Thru 2" Screwed, bronze body, 175 lb WWP, horizontal swing, renewable disc, Kennedy Fig. 442. 97070 15210-2 Check Valves 2-1/2 & Larger Auto Ball Drip 1/2 or 3/4 Sprinklers and Nozzles: Automatic Sprinklerhead, standard upright and pendant Water Flow Alarm Devices: Alarm check valves Water Motor Gong Miscellaneous: Pipe Hangers Supports, and Connections Pipe Escutcheons Sprinkler Escutcheon Sprinkler Guard Hypochlorite Water Pressure Gage Flanged, iron body, 175 lb WWP, bolted bonnet, horizontal swing, renewable seat & rubber faced disc, Kennedy Fig. 126A. Bronze, Grinnell Model F775. Reliable Model G Head type, orifice size, thread size, 165 and pendant degree temperature rating satin chrome finish where exposed in finished areas. Provide quick response heads where required. Use existing. Use existing. Approved type, in accordance NFPA No. 13 and No. 15 requirements. Chromium -plated iron or chromium -plated brass, either one piece or split pattern, held in place by internal spring tension or setscrew. Two-piece, finish to match sprinkler except where otherwise specified on drawings. Depth as required to position sprinkler. Approved guard, standard baked red enamel finish. AVWVA 300 3-inch minimum dial, 0-300 psi range, polished brass case, Federal Spec. GG-G-76. Siamese Use existing. JOINTS: Joints shall be the grooved or threaded type for 2" and smaller, and shall be grooved, welded or flanged fort-1/2" and larger. Threaded Joints: Threads shall be concentric with the outside of the pipe and shall conform to ANSI B2.1. Threaded joints shall be made tight with an approved thread joint compound or tape. Joint compound shall be applied lightly but sufficiently to cover male threads only. Leaking joint shall not be repaired by peaning or packing. 97070 15210-3 J Flanged Joints: Flanged joints shall be faced -true, provided with 1116 inch red rubber gaskets, and made -A square and tight. When made up, flange bolts shall extend through nuts by at least one full thread. No flanges shall be placed in locations which will be inaccessible after erection. Welded Joints: All welding, including methods and qualifications of welders, shall be in strict accordance with the standards and requirements specified in NFPA Nos. 13 and 15. All welds are subject to inspection by the Engineer. The Engineer reserves the right to accept, reject, or demand removal of welds } which are in violation of these specifications. Welded branch connections to headers shall be made by use of threadolets, sockolets or weldolets type fittings. Cutting: Pipe shall be cut accurately to measurements shown on the shop drawings and to suit field A conditions, and shall be carefully worked into place without forcing or springing. All cuts shall be reamed to remove fins and burrs. PART III — EXECUTION INSTALLATION: Piping material, including valves and fittings, shall be delivered to the site in a clean and protected condition. End seals of pipe, valves and flange covers shall be maintained in place, being removed only as necessary for cleaning, fabrication, erection or for inspection by the Contractor. Care shall be exercised in the handling and storage of all piping materials and prefabricated piping so that contamination by moisture, grease, dirt, or injurious foreign matter shall not occur. The pipe shall be cut accurately to centerline measurements to suit field conditions, and shall be carefully worked into place without forcing or springing. Piping shall be pitched to allow proper drainage. The interior and exterior surfaces of all piping shall be kept clean at all times. Pipe shall be free from fins and burrs and shall be cleaned in accordance with cleaning procedures herein. No flanges or unions shall be placed in locations which will be inaccessible after erection. All valves shall be properly packed and made leakproof under the test pressures described. All piping passing through walls shall be provided with pipe sleeves two pipe sizes larger than the systems piping they accommodate or approved steel sleeves providing annular space around the pipe. Annular space shall be made weather and watertight. Where pipes pass through fire walls, fire partitions, or floor/ceiling assemblies, a fire seal of mineral wool, or similar noncombustible material shall be packed between the pipe and sleeve. Escutcheons: Pipe escutcheons shall be provided at all finished surfaces where exposed piping passes —j through floors, walls or ceiling except in boiler, utility, or equipment rooms. Sprinkler escutcheons shall be provided for all pendant heads through ceilings. Escutcheons shall be fastened securely to the pipe. Signs: All control drain and inspector's valves shall be provided with porcelainized metal identification signs. All hydraulically designed systems shall be provided with a permanently attached nameplate data sign as recommended by NFPA No. 13. Sprinkler Guards: All sprinkler heads installed within 7 feet of the floor or otherwise subject to mechanical damage shall be equipped with sprinkler guards. �1 Testing: Testing of the sprinkler systems and alarm systems shall be as prescribed by NFPA Pamphlet No. 13 and 72C. Each test shall be in the presence of an authorized representative of the owner. This -1 97070 15210-4 representative shall sign the Certificate of Inspection as a witness of a successful test. The Contractor shall deliver these certificates of inspection in duplicate to the Engineer. Sterilization: All new lines shall be flushed and sterilized with chlorine before acceptance for service. Calcium hypochlorite powder, containing not less than 70% available chlorine, shall be used for sterilization. The amount of chlorine applied shall be such as to provide a dosage of 100 ppm for at least 24 hours. At the conclusion of the 24 hour contract time, Cl2 residual should be at least 20 ppm. The chlorinating material shall be mixed with treated water in an acceptable container and injected directly into the system, the process being repeated until the system is filled. All valves in the system shall be open and closed 3 times during the procedure to insure that the sterilizing mixture is thoroughly and evenly distributed throughout the system. After a contact period of not less than 24 hours, the system shall be flushed with water. Procedure for Placing Systems in Service: The Contractor shall place the systems in service with the operating mediums after purging operations are completed. The Contractor shall furnish all labor and tools required. Electrical Work: All electrical work in connection with the installation of the fire protection system shall be performed in accordance with Division 16. Spare Sprinkler Heads: The Contractor shall furnish spare heads in accordance with NFPA Pamphlet No. 13. Heads shall be provided in a suitable cabinet and shall be representative of, and in proportion to, the number of each type and temperature rating of heads installed. In addition to the spare heads, the contractor shall furnish not less than one special sprinkler wrench per cabinet. The Cabinets shall be mounted at the system's riser. Electrical Rooms: Sprinkler piping shall be routed to avoid all Electrical Rooms, except laterals extending into and serving the electrical room. 97070 END OF SECTION 15210-5 SECTION 16010 RACEWAYS AND FITTINGS PARTI- GENERAL NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. SUBMITTALS: Submit manufacturers data on all materials. SCOPE: The work shall include furnishing and installing all rigid steel and flexible metallic conduit, electrical metallic tubing, polyvinyl chloride conduit, wireways, pull and junction boxes and outlet boxes, together with all supporting devices and other accessories required. PART II - PRODUCTS CONDUITS: Underground Plastic Conduit Type 40, heavy wall, high impact rigid virgin polyvinyl chloride (PVC) conduit and fittings, conforming to NEMA Publications TC2 and TC3 and UL listed for direct burial use; Carlon or equivalent Rigid Steel Conduit: Rigid, threaded, thick -wall; galvanized inside and outside or galvanized outside with a protective coating inside; UL listed and labeled according to Standard UL6; conforming to ANSI Standard C80.1; Pittsburg, Republic Steel, Robroy or Allied. Electrical _ Metallic Tubing (EMT): Steel tubing, galvanized outside and provided with a slick corrosion resistant interior coating; UL listed and labeled according to Standard 797; conforming to ANSI Standard C80.3; Pittsburg, Republic Steel, Robroy or Allied. ' Flexible Metal Conduit: Spirally wound with hot dip galvanized steel strips (commercial Greenfield); conforming to UL Standard UL I and UL listed and labeled; Triangle Conduit and Cable Company, or ,.L equivalent Liquidtight Flexible Metal Conduit: Spirally wound, galvanized steel strips, as for flexible metal conduit; with polyvinyl chloride cover extruded over the exterior to make conduit Liquidtight; UL listed; Electri-flex type "LA" or equivalent. CONDUIT FITTINGS: Couplings and Terminations for Rigid Steel Conduit: Factory made steel threaded couplings; bushing at all boxes and cabinets, with locknuts inside and outside box or cabinet. Compression Couplings and Terminations for Electrical Metallic Tubing: Join lengths of EMT with steel compression couplings. Attach EMT to boxes or cabinets with steel compression -type box connectors having an insulated throat with locknuts. Where grounding bushings are required at terminations, they shall be T & B Series 3802, or equivalent. Set screw type connectors or indent connectors will not be allowed. r 97070 16010-1 4 Couplings and Terminations for Flexible Metal Conduit: T & B 440 Series couplings at connections between flexible and rigid conduit; T & B 3110 or 3130 Series nylon insulated throat, steel connectors at box or cabinet terminations. Couplings and Terminations for Liquidtight Flexible Metal Conduit: T & B 5271 Series adapters at connections between flexible and rigid conduit; T & B 5331 Series nylon insulated throat, steel connectors at - box or cabinet terminations. Expansion Joints in Conduit: 0-Z Type AX with internal ground and external bonding jumper. WIREWAYS: Interior Use: UL listed; enamel finished; sizes shown or required; screw covers; complete with all fittings, couplings, hangers and accessories; Square D, General Electric, or equivalent. -� Exterior Use: UL listed; enamel finished; sizes shown or required; removable front cover which is gasketed; weatherproof rainhood. Outlet Boxes: UL listed of sizes and types specified. Sheet Steel Boxes: Sheet steel not lighter than No. 14 gauge, galvanized after fabrication; Raco, Steel City or j Appleton. Cast Metal Boxes: Cast iron or cast alloy with threaded hubs; Crouse -Hinds, Appleton or Pyle National. PULL BOXES AND JUNCTION BOXES: Sheet steel, galvanized inside and outside, with galvanized covers. Small Boxes: For boxes where the volume required is not over 100 cubic inches, use standard outlet boxes. -1 Larger Boxes: For boxes where the volume required is over 100 cubic inches, use cabinets as specified for �} panelboard cabinets with covers of same gauge as boxes, secured with corrosion resistant bolts or screws. Surface Raceway: As manufactured by Wiremold or Walker/Parkersburg, UL listed and sized per NEC. } Furnish surface raceway with all fittings, couplings, hangers and accessories as required for a complete installation. The surface raceway shall be finished in the manufacturer's standard white finish. PART III - EXECUTION '} EXCAVATION: Perform all excavation work required in connection with the installation of the work under this Division. After the electrical work has been installed, tested and approved, backfill all excavations with suitable material under the direction of the Engineer. Include the cutting of all sidewalks, streets and other pavement and repairing the openings in them to return the surface to approximately its original condition. Perform all excavations of every description of whatever substances encountered and to the depths required for installation of the work under this Division. During excavation, stack material suitable for backfilling in an orderly manner a sufficient distance from the banks of the trenches to prevent slides or cave-ins. Remove all excavated material not required or suitable for backfill, or waste as directed. Control grading to prevent surface water from flowing into excavations and remove any water accumulating therein by pumping. 97070 16010-2 connections and auxiliary circuits, 14 gauge for DC power supply connections, 16 gauge for audible alarm circuits. Cable for SLC loops shall be 18 to 12 AWG twisted pair with a shield jacket. Shield continuity must T be maintained. Intelligent detector wiring must not be routed adjacent to, or in the same conduit with Audio/Visual power wiring, 120/240 VAC power wiring or other high current circuits. Size SLC conductors per manufacturers instructions and anticipate all future device additions. Wire shall be UL listed for limited energy (300V) and fire alarm applications and shall be installed in conduit. All wiring shall be installed in conduit with a minimum size of 3/4". r YEAR 2000 CONFORMITY: 'The contractor warrants that any system(including its associated hardware, software, and firmware) and each hardware, software, and firmware product delivered under this contract shall provide Year 2000 conformity. Year 2000 conformity shall mean that neither performance nor functionality is affected by dates prior to, during and after the year 2000. In particular (1) no value for current date will cause any interruption in operation; (2) date -based functionality must behave consistently for dates prior to, during and after year 2000; (3) in all interfaces and data storage, the century in any date must be specified either explicitly or by unambiguous algorithms or interferencing rules; and (4) Year 2000 must be recognized as a leap year. The contractor further warrants that any system, component, hardware, software or firmware product that is found not to meet Year 2000 conformity or that fails as a result of not meeting Year 2000 conformity shall be upgraded, repaired, or replaced solely at the contractors expense. Nothing in this warranty shall be construed to limit any rights or remedies the Owner may otherwise have under this contract with respect to defects other than Year 2000 performance. TESTING, GUARANTEE, SERVICE: A factory trained technical representative of the manufacturer shall perform the final connections, complete system checkout and testing of the system, and it shall be subject to the final acceptance and approval of the engineer and local authorities. Upon completion and acceptance, the owner and/or his representative(s) shall be instructed in the proper use of the system. A written copy of the final system test and checkout shall be provided detailing the function of each device. Furnish the Owner, Engineer and all authorities having jurisdiction a Certificate of Compliance. All equipment and wiring shall be free from defects in workmanship and materials, under normal use and service, for a period of two year from owner acceptance or beneficial occupancy, whichever comes first. Any !07 equipment shown to be defective shall be replaced, repaired, or adjusted free of charge. The manufacturer shall be represented by a local service organization and the name of such supplied to the ,., Owner and Engineer. The manufacturer's representative shall be prepared to offer a service contract at the end of the warranty period. COORDINATION: Poll It shall be the responsibility of the installing contractor to coordinate all requirements surrounding installation of the Fire Alarm System with all trades including, but, not exclusive of: electrical contractor, sprinkler contractor, stage equipment contractor, sound contractor and mechanical contractor. Adequate coordination shall be provided to insure proper installation and interface to all peripheral items required to interact with the Fire Alarm System to provide a complete and functional system. 97070 16810-3 INSTALLATION OF UNDERGROUND STEEL CONDUIT: d All steel conduit in earth shall be rigid galvanized steel conduit. Wrap such conduit with 3M Company 0.020 inch thick No. 51 "scotchrap" vinyl plastic tape, half lapped to give a double thickness wrap. Remove all oil, grease and dirt from conduit with a suitable solvent, and clean and dry conduit before wrapping. If conduit is pre -wrapped in the shop and then cut and joined on the job, wrap all joints on the job, overlapping pipe wrapping 3" on both sides of joints. -1 INSTALLATION OF BUILDING RACEWAYS: All wiring of every description shall be run in conduit or electrical metallic tubing unless noted or specified otherwise. Conduits may be run exposed in machinery and electrical rooms and unfinished areas. All other conduits shall be run concealed unless otherwise noted. All exposed runs shall be installed parallel to the surface of the building in a neat and orderly manner. Types: All conduits installed in wet or damp locations, or on roofs shall be rigid galvanized steel conduits. Above grade interior conduits shall be rigid galvanized steel conduit, intermediate metal conduits or electrical metallic tubing. Conduits installed below grade in slabs or buried in earth shall be PVC or rigid galvanized steel. Sizes: Size and install raceways so that conductors may be drawn in without injury or excessive strain. Make field bends with approved bending devices. Do not install bends or offsets in which conduit is crushed, deformed or otherwise injured. Connections: Use lengths of flexible metal conduit, not less than 12" long at final connections to all motors, generators, controls and other devices subject to movement because of vibration or mechanical adjustment. Use flexible metal conduit also at connections to recessed lighting fixtures, and elsewhere as required. In damp or wet locations, and where installed outdoors, use liquidtight flexible metal conduit. Around Heat Producing Equipment: Do not install raceways within 3" of steam and hot water pipes, breeching and flues, except where crossings are unavoidable, and then keep raceways at least 1" from insulation on the pipe, breeching or flue crossed. Wherever possible, avoid installing raceways directly above or in close proximity to boilers and other like objects operating at high temperatures. Damp or Wet Locations: In damp or wet locations make every effort to avoid installing raceways in a manner which will create moisture traps. Where they must be so installed, seal both ends of raceways with an approved sealing compound to prevent "breathing" and moisture condensation within the raceways. Different Systems: In systems operating at more than 300 volts between phase conductors, where different phase conductors are to be run to a common gang wall switch box, install a separate conduit for each different phase wire and its return switch leg, and provide substantial barriers between adjacent switches in the box so that two different phase wires will not be the same compartment. Joining Rigid Conduits: Join with threaded couplings. Ream out all conduit ends after threading. Secure rigid conduits at panel boxes, junction boxes, pull boxes, switchboards, support boxes, or sheet metal outlet boxes by galvanized locknuts, inside and outside, with insulating bushing inside. Unthreaded set screw type couplings or connectors are not acceptable in rigid conduit systems. No running threads shall be used anywhere in conduit systems. ^l Protection of Raceways: Seal ends of all raceways with blank discs ("pennies"), push pennies or other approved closers during construction. Do not pull any conductors into raceways until all plastering in the vicinity is completed. Swab out all raceways before pulling in conductors. 97070 16010-4 Penetrations: Wherever raceways pass through floors, walls partitions, etc., carefully fill any space between the outside of the raceway and the building material to prevent passage of air, water, smoke and fumes. Filling material shall be fire resistive and installed to meet requirements of the U.L. Fire Resistance Directory. CONDUIT SUPPORTS: Support Spacing: Use minimum spacing as directed by National Electrical Code, but space hangers more closely where required by conditions. Vertical Conduit Risers: Support vertical conduits at each floor by means of riser clamps or U-bolts, clamping them to a steel channel bridging the opening in the floor. Individual Conduits: Support conduits running vertically or horizontally with galvanized malleable iron one hole clamps. Carry individually supported horizontal conduits 1-1/4" and larger on Kindorf No. 150 or Steel City No. C-149 hangers. Use no perforated strap iron as hanger material. Where conduits smaller than 1-1/4" are installed above metal lath and plaster ceilings or mechanically suspended dry ceilings of the non -removable type, they may be supported on ceiling runner channels. Where conduits smaller than 1-1/4" are installed above removable ceilings, attach them to the structure or bar joists (where present) or support them on threaded hanger rods with clips. Do not use any wire to support conduits or to attach conduits to j, supporting members. Locate conduits a sufficient distance above the ceiling to permit removal of the ceiling panels. Locate them so as not to hinder access to mechanical and electrical equipment through the ceiling panels. Multiple Conduits: Where multiple raceways are run horizontally at the same elevations, they may be supported on trapezes formed of sections of Unistrut angle iron or channels suspended on rods or pipes. Size trapeze members including the suspension rods for the number size and loaded weight of the conduits they are to support. Space them as required for the smallest conduit supported. INSTALLATION OF OUTLET BOXES: Usage: Provide at each outlet or device of whatever character a metal outlet box in which conduits shall terminate. Boxes recessed in construction: Sheet steel boxes. For Lighting Fixture Outlets: 4" octagonal by 1-1/2" minimum depth with 3/8" fixture stud for incandescent lights which are surface mounted, wall mounted or suspended. For Wall Switches, Receptacles and Communications Use: Use 4"x4" size with proper square cornered the wall cover, plaster cover, or finishing plate, except where construction will not permit or the device requires a larger box. Wall Mounted Telephone Outlet Boxes: 4-11/16" square by 2-1/8" deep, unless otherwise noted or unless wall construction requires a smaller box. Boxes for Exposed Work: Cast metal boxes. Boxes for Outdoors: Cast metal boxes with gasketed covers. INSTALLATION OF PULL AND JUNCTION BOXES: Sizing: Size all pull and junction boxes in accordance with NEC, using larger sizes than required by code where job conditions so indicate. 14-1 97070 16010-5 Mounting: Fasten all boxes securely to the building construction, independent of conduit systems. On 1. concealed conduit. systems where boxes are not otherwise accessible, set box covers flush with finished - surfaces for access. INSTALLATION OF SURFACE RACEWAYS: "l Surface raceway shall only be installed where approved and shall be indicated on fire alarm drawings. Surface raceway shall be installed parallel to the wall line in a neat and orderly manner. The surface raceway shall be mounted using only such fasteners that are recommended by the manufacturer for the type of surface material encountered. Paint raceway to match surface of installation. END OF SECTION I I 97070 16010-6 p SECTION 16110 CONDUCTORS PART I - GENERAL NOTE: •� Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. SUBMITTALS: Submit manufacturer's data on all materials. SCOPE: The work shall include the furnishing of all conductors, together with all splices, connections, identification, bundling, etc., including pulling devices. PART II - PRODUCTS CONDUCTORS (600 VOLTS AND UNDER): Type: Soft drawn, annealed copper, UL listed, rated at 600 volts, continuous without weld, splice or joint, uniform cross-section, free from flaws, scale and other imperfections; Okonite, Triangle, United Copper Industries, Anaconda or Simplex. No. 8 and larger shall be stranded; No. 10 and smaller shall be solid. Insulation: Branch circuits shall have type THHN/THWN, THW, or RHW insulation unless the type is specifically designated or specified. Service feeders shall be type THHN/THWN or THW. Feeder circuits shall be Type THW or THHN/THWN. I Circuits Subjected to High Temperatures: Type RHH conductors for wiring in proximity to boilers, and for motors and devices subject to high temperature because of high ambient temperature or convection or radiant heat. JOINTS AND SPLICES: Solid Copper Conductors: UL approved solderless bolted pressure connectors; or UL approved electrical spring connectors of "Scotchlok", Ideal or T & B 'Piggy" make. All connectors shall be of proper sizes to k match conductor sizes. Split bolt connectors are not acceptable. COLOR CODING: Phase conductors shall be black, red and blue for phases, A, B, and C respectively in the 208 volt system. Neutral conductors shall be white. Grounding conductors shall be green. t.. PART III - EXECUTION WIRE PULLING: i Wire Pulling: Provide suitable installation equipment for pulling conductors into raceways or conduits. Use ropes of polyethylene, nylon or other suitable material to pull in conductors. Attach pulling lines to conductors 97070 16110-1 by means of woven basket grips or by pulling eyes attached directly to conductors. All conductors to be installed in a single conduit shall be pulled in together. Pull no conductors into conduits until all work of a nature which may cause injury to conductors is completed. Use an Underwriters' listed cable pulling compound where necessary. Cable Lubricants: All cable lubricants shall be UL listed, and shall be certified by their manufacturer to be non -injurious to the insulation on which they are used. Pulling Devices in Empty Raceways: Provide in every empty raceway, not containing conductors to be installed by this Contractor, a suitable pull line to facilitate future installation of wiring. Lines shall be free from splices and shall have ample exposed length at each end. Identify each end of each line with a linen tag j bearing complete information as to the purpose of the raceway and the location of its other end. All lines shall be nylon or polyethylene cord with a tensile strength not less than 200 pounds. INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER): Sizes: No wire shall be smaller than No. 12 except for signal or control circuits, and except for individual lighting fixture taps as permitted by the National Electrical Code. Receptacle and Motor Branch Circuits: No. 12 conductors unless noted or scheduled otherwise. Home runs on 120 volt, 20 ampere Lighting Branch Circuits: Where length of run from panelboard to first lighting outlet exceeds 75 feet use No. 10 conductors; otherwise use No. 12 conductors. Emergency Lighting and Power Conductors: Run in conduits separate from all other wiring. Joints and Splices: Make joints and splices only where necessary and only at outlet boxes and pull boxes. All joints shall be mechanically and electrically secure. After a joint or splice is complete,. insulate it with Okonite rubber tape, and Manson friction tape to make the insulation of the joint or splice equal to that of the conductor. In lieu of this, 3M Company's "Scotch" No. 33 vinyl plastic tape may be used if applied in at least four layers (half lapped in two directions), with all larger splices, terminals, sharp corners and voids being first protected by application of "Scotchfil" insulating putty. 4 Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. _1 Identifying Tags: Non-ferrous; stamped to clearly identify each circuit. Securely fasten tags to all cables, feeders and power circuits in pull boxes, lighting, power and distribution panelboards, etc. Cable Supports and Boxes: Install cable supports and boxes for all vertical conductors in accordance with National Electrical Code requirements. Boxes shall be of heavy galvanized steel plate construction, not less -� than No. 10 USS gauge, riveted to an angle iron frame. Removable box covers shall be secured with - corrosion -resistant screws. For cables without a metallic sheath, cable supports shall be of the split wedge type which clamps each conductor firmly and tightens due to the weight of cable. For cables with metallic sheath, a basket weave or equal type of support shall be provided as approved by the cable manufacturer. END OF SECTION 97070 16110-2 SECTION 16310 GROUNDING PART I - GENERAL NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. SUBMITTALS: Submit manufacturer's data on all products. SCOPE: Furnish and install the various grounding systems outlined herein in accordance with the National Electrical Code. PART II - PRODUCTS Products for grounding systems are specified elsewhere herein. PART III — EXECUTION GROUNDING RACEWAYS: Assure the electrical continuity of all metallic raceway systems, pulling up all conduits and/or locknuts wrench tight. Where expansion joints or telescoping joints occur, provide bonding jumpers. Where flexible metallic conduit is employed, provide a green -insulated grounding jumper installed in the flexible conduit. Install a separate green -insulated conductor in each non-metallic conduit. EQUIPMENT GROUNDING CONDUCTORS: Provide a separate, green -insulated copper grounding conductor, with insulation of the same rating as phase conductors, for each feeder and for each branch circuit indicated. Install the grounding conductor in the same raceway with the related phase and neutral conductors, and connect the grounding conductor to pull boxes or outlet boxes at intervals of 100 feet or less. Where paralleled conductors in separate raceways occur, provide a grounding conductor in each raceway. Connect all grounding conductors to bare grounding bars in panelboards, and to ground buses in service equipment to the end that there will be an uninterrupted grounding circuit from the point of a ground fault back to the point of connection of the equipment ground and system neutral. Size all of these grounding conductors per NEC Table 250-95. END OF SECTION 97070 16310-1 I� SECTION 16411 MOTORS AND EQUIPMENT CONTROLS AND WIRING PART I - GENERAL NOTE: Conform with applicable provisions of the General Conditions, the Special Conditions and the General Requirements. SUBMITTALS: Submit manufacturer's data and drawings on all equipment items. SCOPE: This Section of the Specifications pertains to all other labor, material, equipment and service necessary for and incidental to motor and equipment wiring and control as shown on the drawings and/or as specified herein. PART II - PRODUCTS Products for this Section shall be as required. PART III - EXECUTION EQUIPMENT WIRING: Connect complete for operation all interfaces to the heating, air conditioning, stage vents, stage fire curtain, and all other electrical devices furnished by the Owner or under other Divisions of the specifications. Outlets of various types have been indicated at equipment locations, but no indications of exact location or scope of the work are shown on the drawings. Refer to the Owner and to the various Contractors for the work under the other Divisions for the scope of connections to equipment fumished by them and for the exact locations of all items. Request of the Owner and the aforementioned suppliers and contractors all rough -in drawings required for proper installation of the electrical work, in ample time to permit preparation of the drawings and thus avoid delays on the job. Where disconnect switches, starters and fire alarm interfaces or circuit breakers are not provided integral with control equipment for motors and other electrical appurtenances, provide and install all devices as required by the Fire Alarm System. TEMPERATURE CONTROLS: Completely connect for operation all items for temperature controls which require electrical connections, firnishina all wirina. conduit and labor. END OF SECTION s 97070 16411-1 SECTION 16810 FIRE ALARM AND DETECTION SYSTEM PART I — GENERAL RELATED DOCUMENTS: Drawings, Uniform General Conditions, Supplementary Conditions and Division 1 - General Requirements apply to Work of this Section. SUBMITTALS: The installing contractor and/or equipment manufacturer shall provide complete and detailed shop drawings and include: 1. Control panel wiring schematics and interconnections. 2. Point to point wiring diagram showing terminal connections to all system devices. This would include the size of conductors to each device and proposed routing. After review, this shall become the installation drawing. 3. Riser wiring diagram and conduit sizes. 4. Floor plan drawings locating all devices associated with the Fire Alarm System. 5. Factory data sheets on each piece of equipment to be used and so marked as to dimensions, size, voltage, style, catalog number, manufacturer's names, and configuration. 6 Detailed system description and operation describing system functions. 7. Complete Bill of Material for reference. 8. One set of installation, operation and maintenance manuals for submittal review of fire alarm system. Required number of manuals are still required at project closet. All submittal data shall be in bound form with contractor's name, supplier's name, project name, and state fire alarm license number adequately identified. QUALIFICATIONS: The installing contractor shall be the authorized representative of the fire alarm manufacturer to sell, install and service the manufacturer's equipment. The installing contractor must be licensed by the state Fire Marshall to sell, install and service fire alarm systems. The installing contractor shall have on their staff an installation superintendent who is licensed by the State Fire Marshall's office for such purpose and under whose supervision installation shall take place. The fire alarm installation firm will have factory -trained personnel performing the control panel wiring for the system that they were trained for. The firm shall also maintain a stock of parts and components used in the system. 97070 16810-1 The qualifications of the installation firm, the availability of replacement parts and service records will be considered. CLOSE-OUT MANUALS: Provide three sets of operation and maintenance manuals which includes: 1. Complete typewritten operating instructions. 2. Wiring diagrams for the control panel with all terminals identified. 3. A parts list for the system identifying the components with ordering numbers. 4. A plan showing conduit size, number and size of conductors and locations of all devices. 5. Printout of system program with all levels of passwords and a backup disk(s) of program. 6. Floor plan locating all fire alarm devices with their identification points labeled. Provide DXF format Cadd disk. CODES AND STANDARDS: The installation and testing shall be made under the provisions of the latest National Electrical Code (NFPA- 70); NFPA 101 (Life Safety Code). NFPA 71, NFPA 72, UL Standards (1480, 864, 268, 268A, 217, 521, 228, 464, 1638, 38, 346, 1481), and all other applicable state and local codes and ordinances. The Contractor shall submit the new fire alarm equipment layout to the local fire alarm authority having jurisdiction for approval. SCOPE: The Contractor shall furnish and install and place in operating condition a 24 VDC, fire detection and alarm system as specified herein and indicated on the drawings. It is the intent to obtain a complete system, which shall operate as described herein, and all equipment necessary for such operation shall be provided whether or not each item is enumerated herein or described on the drawings. The system shall include, but not be limited to, all control panels, power supplies, alarm -initiating devices, audible and visual alarm devices, conduit, wire, fittings and all other accessories, required to provide a complete and operable system. The system shall operate as a continuous sounding system which shall have multiple audible alarm circuits and a voice evacuation system. The system signaling line circuits shall be wired as style six Class A circuits. The system notification appliance circuits shall be wired as Style Y (Class B) supervised circuits. Provide an interface to existing systems, including: sound system, smoke vents and fire curtain. QUALITY: To establish the standards of performance, function, quality, and features of system desired, the equipment specified is that of the Notifier Company. All equipment, materials, accessories, devices, and other facilities covered by this specification or noted on contract drawings and installation specifications shall be of the best suited for the intended use and shall be provided by a single manufacturer or, if provided by different manufacturers, recognized as compatible by both manufacturers. All equipment and material shall be new and unused, unless directed otherwise. Wiring: All wiring shall be in accordance with the National Electric Code, local codes and the National Fire Protection Association-70, Article 760. The minimum wire sizes shall be 12 gauge for AC power supply 97070 16810-2 a W. connections and auxiliary circuits, 14 gauge for DC power supply connections, 16 gauge for audible alarm circuits. Cable for SLC loops shall be 18 to 12 AWG twisted pair with a shield jacket. Shield continuity must be maintained. Intelligent detector wiring must not be routed adjacent to, or in the same conduit with AudioNisual power wiring, 120/240 VAC power wiring or other high current circuits. Size SLC conductors -- per manufacturers instructions and anticipate all future device additions. Wire shall be UL listed for limited energy (300V) and fire alarm applications and shall be installed in conduit. All wiring shalt be installed in conduit with a minimum size of 3/4". YEAR 2000 CONFORMITY: The contractor warrants that any system(including its associated hardware, software, and firmware) and each hardware, software, and firmware product delivered under this contract shall provide Year 2000 conformity. Year 2000 conformity shall mean that neither performance nor functionality is affected by dates prior to, during and after the year 2000. In particular (1) no value for current date will cause any interruption in operation; (2) date -based functionality must behave consistently for dates prior to, during and after year 2000; (3) in all interfaces and data storage, the century in any date must be specified either explicitly or by unambiguous algorithms or interferencing rules; and (4) Year 2000 must be recognized as a leap year. The contractor further warrants that any system, component, hardware, software or firmware product that is found not to meet Year 2000 conformity or that fails as a result of not meeting Year 2000 conformity shall be upgraded, repaired, or replaced solely at the contractors expense. Nothing in this warranty shall be construed to limit any rights or remedies the Owner may otherwise have under this contract with respect to defects other than Year 2000 performance. TESTING, GUARANTEE, SERVICE: A factory trained technical representative of the manufacturer shall perform the final connections, complete system checkout and testing of the system, and it shall be subject to the final acceptance and approval of the engineer and local authorities. Upon completion and acceptance, the owner and/or his representative(s) shall be instructed in the proper use of the system. A written copy of the final system test and checkout shall be provided detailing the function of each device. Furnish the Owner, Architect, Engineer and all authorities having jurisdiction a Certificate of Compliance. All equipment and wiring shall be free from defects in workmanship and materials, under normal use and service, for a period of two year from owner acceptance or beneficial occupancy, whichever comes first. Any Y = equipment shown to be defective shall be replaced, repaired, or adjusted free of charge. The manufacturer shall be represented by a local service organization and the name of such supplied to the Owner and Engineer. The manufacturer's representative shall be prepared to offer a service contract at the end of the warranty period. COORDINATION: It shall be the responsibility of the installing contractor to coordinate all requirements surrounding installation of the Fire Alarm System with all trades including, but, not exclusive of. electrical contractor, sprinkler contractor, stage equipment contractor, sound contractor and mechanical contractor. Adequate coordination shall be provided to insure proper installation and interface to all peripheral items required to interact with the Fire Alarm System to provide a complete and functional system. 97070 16810-3 PART II - PRODUCTS DESCRIPTION OF SYSTEM: The Fire Alarm, Detection System and Voice Evacuation System shall be a single integrated system by a single manufacturer in a common cabinet. The Contractor shall assume sole responsibility for its operation. The fire detection system shall consist of a fire alarm panel and shall contain all power supplies, relays, modules and batteries as required for the operation described herein. The equipment described herein is of Notifier manufacture. All components of the system shall be fully supervised. DESCRIPTION OF OPERATION: Operation of manual or automatic initiating device shall cause the following events to occur: 1. The System alarm LED shall flash. 2. A local sounding device in the panel shall be activated. 3. The 80-character LCD display and remote LCD annunciators shall indicate all pertinent information associated with the alarm and its location. .j 4. All automatic programs assigned to the alarm point shall be executed and the associated indicating devices and relays activated, such as: a. The appropriate indication shall appear on the fire control panel. b. An evacuation tone and message shall sound on all alarm speakers and all visual strobes and exit signs shall flash. " C. Remote Point Annunciation devices shall show an alarm condition if devices connected to it are in alarm condition. d. All smoke dampers shall close. e. Air handling units over 2000 cfm shall shutdown along with any units that supply corridors or that have smoke dampers in their ductwork. f. Auditorium sound system shall have interface to fire alarm system to sound alarm over auditorium speakers. g. Stage smoke control system and stage curtain shall operate on sprinkler system activation or smoke sensed by auditorium or stage smoke detectors. Provide an adjustable time key -switch to de -activate smoke detector devices on stage and in auditorium to allow performances on stage that create products of combustion or similar molecules that would turn in an alarm. h. Provide an adjustable timer (90-second) to allow auditorium personnel to investigate alarm before system strobes and speakers activate to minimize false alarms. i. If stage smoke control system or fire curtain activation require use of an electrical operated fuse link the system shall be changed to a system that is resettable and system shall receive power from fire alarm panel. 97070 16810-4 When a trouble condition is detected by one of the system initiating devices, the following functions shall immediately occur. 1. The System Trouble LED shall flash. 2. A local sounding device in the panel shall be activated. 3. The 80-character LCD display shall indicate all pertinent information associated with the trouble condition and its location. However, unacknowledged alarm messages shall have priority over trouble messages, and if such an alarm must also be displayed, the trouble message shall not be displayedd on the LCD. Activation of the control panel Acknowledge switch in response to a single new trouble or alarm condition shall silence the panel sounding device and change the System alarm or Trouble LEDs from flashing to steady -ON. If additional new alarm or trouble conditions exist in the system, activation of this switch shall advance the display to the next alarm or trouble condition that exists, and shall not silence the local audible ^^ device or change the LEDs to steady until all new conditions have been so acknowledged. F New alarm conditions shall always be displayed before new trouble conditions. Occurrence of a new alarm or trouble condition shall cause the panel to "resound" and repeat the sequences previously described. Activation of the Signal Silence Switch shall cause all appropriate indicating appliances and relays to return to the normal condition after an alarm condition. The selection of indicating circuits and relays silenced by this switch shall be fully programmable. Activation of the System Reset Switch shall cause all electronically -latched initiating devices or zones, as well as all associated output devices and circuits, to return to the normal condition. If alarm conditions exist in the system after the System Reset Switch activation, the system shall then resound the alarm conditions as previously indicated. Activation of the System Test Switch shall initiate an automatic test of all intelligent detectors in the system. Such test shall activate the electronics in each intelligent device, simulating an alarm condition. A report summarizing the results of this test shall be displayed automatically on the front panel. Activation of the Lamp Test Switch shall turn on all LED indicators, LCD display and local sounder, and then return to the previous condition. The system shall include a special Automatic Detector Test, which permits a serviceman to test all intelligent detectors from the main control panel. The system shall include independent "Watch Dog" timers to detect and report failure of any microprocessor circuit, memory, or software. The system shall be programmable, configurable and expandable in the field without the need for special tools or PROM programmers and shall not require replacement of memory ICs. All programming may be accomplished through the standard control panel keyboard. All programs shall be stored in non-volatile memory. The programming function shall be entered with a special password that may be selected when the system is installed. The password may be changed in the field to a new value at any time by entering the old password and requesting a password change. In the event that the programmer may enter a password and then lose or forget it, the system shall be designed such that the password may be determined by special procedures available through the system manufacturer. 97070 16810-5 CONTROLPANEL The control panel shall be housed in a cabinet designed for mounting directly to a wall or vertical surface. The control unit shall be modular in structure for ease of installation, maintenance, and future expansion. The control panels shall provide or be capable of expansion to the following capacities: Intelligent/Addressable Loops Intelligent Detectors per loop Addressable Monitor/Control Modules per loop Total Intelligent Points Power Supply: 1 99 99 198 1. The power supply for the panel and all fire alarm peripherals shall be integral to the control panel. The power supply shall provide all control panel and peripheral power needs. The audio-visual power may be increased as needed by adding additional modular expansion power supplies or remote power supplies. All power supplies shall be designed to meet UL and NFPA requirements for power -limited operation on all external initiating circuits and indicating circuits. 2. Positive -temperature -coefficient thermistors, circuit breakers, or other over -current protection shall be provided on all power outputs. 3. This system shall meet the requirements of and be listed by Underwriters Laboratories Inc. and shall be a Notifier Model AFP-300 with VCM-4 (Voice Control Module-4 circuit), VCC-1 (Voice Control Center), and AA-120 (Audio Amplifier). Provide fire evacuation message and tornado message with switch in lobby ticket office (not shown on plans). Battery: The system batteries shall be sealed gelled cell and shall be installed in the control panel enclosure. The batteries shall provide 24 volt DC for system operation and shall be sized in accordance with NFPA 72 for 24-hour operation. Connect to the emergency generator panel. Intelligent Photoelectric Smoke Detectors: The Intelligent Photoelectric Smoke Detectors shall connect with two wires to one of the control panel loops. The detectors shall use the photoelectric principal to measure smoke density and shall, on command from the control panel, send data to the panel representing the analog level of smoke density. The detectors shall be ceiling -mount and shall include a twist -lock base. 2. The detectors shall provide a test means whereby they will simulate an alarm condition and report that condition to the control panel. Such a test may be initiated at the detector itself, by activating a magnetic switch, or may be activated remotely on command from the control panel. 3. The detectors shall provide address -setting means on the detector head using rotary decimal switches. The detectors shall also store an internal identifying code, which the control panel shall use to identify the type of detector. 4. The detectors shall provide dual alarm and power LEDs. Both LEDs shall flash under normal conditions, indicating that the detector is operational and in regular communication with the control panel. Both LEDs may be placed into steady illumination by the control panel, indicating that an alarm condition has been detected. The detector shall be supplied with a Notifier BX-501 or B524RB base. The smoke detector shall be a Notifier SDX-551, or equal and be listed by Underwriters Laboratories, Inc. Provide four spare heads and bases. 97070 16810-6 P^! P Monitor Module: 1. The Monitor module shall be used to connect a supervised zone of conventional initiating devices (any n.o. dry contact device, including 4-wire smoke detectors) to one of the SLC loops. The Monitor Module shall mount in a 4-inch square 2-1/8" deep electrical box. The zone may be wired for Style D L or Style B operation. 2. The Monitor module shall provide address -setting means using rotary decimal switches and shall also store an internal identifying code, which the control panel shall use to identify the type of device. An LED shall be provided which shall flash under normal conditions, indicating that the Monitor module is operational and in regular communication with the control panel. Monitor Module shall be a Notifier MMX-1, or equal and UL listed. Control Module: 1. The Control Module shall be used to connect a conventional indicating appliance circuit (IAC) of 24 VDC compatible polarized audio/visual-indicating appliances to one of the SLC loops. The Control Module shall mount in a standard 4-inch square 2-1/8" deep electrical box. The IAC may be wired for Style Z or Style Y operation. The control module may also be wired as a dry contact (from C) relay. Power for the relay coil shall be provided by the SLC loop to reduce wiring connection requirements. Audio/visual power shall be provided by a separate loop from the main control panel or from supervised remote power supplies. 2. The Control Module shall provide address -setting means using rotary decimal switches and shall also store an internal identifying code, which the control panel shall use to identify the type of device. An LED shall be provided which shall flash under normal conditions, indicating that the Control Module is operational and in regular communication with the control panel. Control Module shall be a Notifier CMX-1, or equal and UL listed. Isolator Module: 1. The Isolator Module shall be used to isolate wire -to -wire short circuits on an SLC loop in order to limit f the number of other modules or detectors that are in capacitated by the short circuit fault. If a wire -to - wire short occur, the isolator shall automatically open -circuit the SLC loop. When the short is corrected, the isolators shall automatically re -connect the isolated section of the SLC loop. 2. The Isolator module shall not require any address setting, although each isolator will electrically reduce the capacity of the loop by two detector or module address. The isolator module will mount in a standard 4-inch deep electrical box. It shall provide a single LED, which shall flash to indicate that the isolator is operational and shall illuminate steadily to indicate that a short has been detected and isolated. Isolator module shall be a Notifier ISO-X, or equal and UL listed. Provide minimum of two. MANUAL PULL STATIONS: Manual fire alarm stations shall be non -coded, non-breakglass type equipment with a key to reset. Each manual stations shall be a Notifier BGX-101 L or equal and shall be U.L. listed. TAMPER SWITCHES: Tamper switches for gate valves and PIV shall be furnished and installed by Division 15 and connected to the Fire Alarm System by Division 16. Provide monitor modules as required under Division 16. Notifier OSY2 or P1BV2 UL listed or equal 1-1 97070 16810-7 `•1 INDICATING DEVICES: 7 The alarm indicating devices shall be UL listed speaker. The alarm signals shall be Wheelock #ET1090 (painted to match ceiling) unit or equal with DSM-12/24-R-SYNC module. =j The strobe unit shall be a Wheelock #SR-2475-VFR with synchronized module (DSM-12/24-R-SYNC). 15/75 candela device are not acceptable. -) Wall mounted speaker strobes shall be a Wheelock ET70MCW FW with DSM-12/24-R-SYNC module. DUCT DETECTOR: J. Provide a Notifier DHX-502 duct detector with photoelectric smoke detector, test station, and sampling tubes or equal. Provide two spare smoke detector heads. PROJECTED BEAM SMOKE DETECTOR: Provide a Notifier 6424 projected beam smoke detector with remote test station or equal. PART III — EXECUTION INSTALLATION: — The installation of the system shall be made by the Contractor under the supervision of a representative of -) the manufacturer who shall make the final connection to the system, perform the functional tests of the system and place it in operation. Installation shall be in strict compliance with manufacturer's recommendations. Consult manufacturer for all �) wiring diagrams, schematics, sizes, outlets, etc. before installing conduits and pulling wires. Fire alarm devices shall be mounted upon and all splices made in Listed Boxes. Wiring splices are to be qj avoided to the extent possible and Transposing or changing colors will not be permitted". Fire Alarm Control Panel shall be connected to a separate dedicated branch circuit, maximum 20 amperes. Circuit shall be labeled as "FIRE ALARM". As indicated on the drawings, each zone shall be labeled on the Fire Alarm Control Panel. Names of the zones shall be coordinated with the Owner, and shall meet with the Owner's approval. Fire Sprinkler System shall each be indicated on a separate zone. Gate Valves and Post -Indicator Valves may be on the same zone per floor. Use only identified conduit entries at Fire Alarm Panel or request approval for other penetrations in cabinets (certain areas require clear space for interior components). Cabinet shall be grounded to either a cold water pipe or grounding rod. ^' Heat and Smoke Detectors: The location of detectors shown on the plans is schematic only. The detector must be located according to code requirements. -� Smoke detectors should be installed to favor the air flow towards return openings and not located where air supply diffusers can dilute smoke before it reaches the detector. Mount pull stations at 4'AFF and indicating devices at 80"AFF. 97070 16810-8 All devices and boxes shall be recessed in walls or ceiling unless otherwise indicated. All wiring shall be in conduit unless otherwise indicated. Channel walls, as required to install devices and conduits. Walls shall be patched and refinished to match existing. Wall and ceiling finishes shall be return to original appearance. If complete wall needs to be refinished and repainted then it shall be included in this contract. FINAL INSPECTION: After the system has been placed in service and all items are functioning properly, call for a final inspection. The manufacturer's representative shall be present and shall demonstrate the operation of the system to the satisfaction of the Owner. INSTRUCTION: The representative of the manufacturer shall allot eight (8) hours to instruct the Owner's personnel as to the complete operation of the system. END OF SECTION 1, e