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HomeMy WebLinkAboutResolution - 4195 - Contract - Johnson Controls Inc - Energy Management System Upgrade, MB - 07_08_1993Resolution No. 4195 July 8, 1993 Item #22 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 by and between the City of Lubbock and Johnson Controls, Inc., for the upgrading of the Energy Management System at the Municipal Building, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. �--� Passed by the City Council this ATTEST: tty HohntonPCity Secretary APPROVED AS TO CONTENT: Victor Kilman,%Purchasing Manager APPROVED AS TO FORM: ULW!YIWATAMM4 MWW'MFAVW Z&WAQ City Attorney DGV:ja/J0ENS0N.RES D2-Agenda/J=e 23, 1993 CITY OF LUBBOCK SPECIFICATIONS FOR MUNICIPAL BUILDING ENERGY MANAGEMENT SYSTEM UPGRADE BID #12612 _, < IF, Res _v,m CITY OF LUBBOCK Lubbock, Texas,--es��►q� F Mr KeSUIUClun No. 41y� July 8, 1993 Item #22 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 by and between the City of Lubbock and Johnson Controls, Inc., for the upgrading of the Energy Management System at the Municipal Building, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: &J'­ 11 �� Bdtty o nson y ecre ary APPROVED AS TO CONTENT: Victor Kilman, urc as ng Manager APPROVED AS TO FORM: DGv:ja/JO@ISOR.RES D2-Agenda/June 23, 1993 P r r 6 ` City of Lubbock P.O. Box 2000 r Lubbock, Texas 79457 { 806-767-2167 Office of Purchasing MAILED TO VENDOR: June 10, 1993 CLOSE DATE: June 17, 1993 AT 2 P.M. BID #12612 - MUNICIPAL BUILDING ENERGY MANAGEMENT SYSTEM UPGRADE ADDENDUM # 1 Please modify or amend Contract Documents as per the attached. 1. 10 smoke detectors will be required, 1 (one) on inlet and 1 (one), on the outlet of each air unit. 2. Additional information enclosed will become part of the Contract Documents. THA K YOU, 1 Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY WITH YOUR BID r MUNICIPAL BUILDING ENERGY MANAGEMENT SYSTEM UPGRADE BID #12612 ADDENDA NO. 1 -- JUNE 9. 1993 NOTICE TO ALL BIDDERS: The following shall be incorporated in and become a part of the Specifications on the subject project prepared by Fanning, Fanning and Associates, Inc. Acknowledge receipt of this Addenda No. 1 on your Proposal. 1. On Page 17 of the Proposal, insert the following below the signatures: r MATERIALS: ($ ) SERVICES: ($ ) r ° ALTERNATE NO. 1: ($ ) 2. In Section 15.02, Paragraph 1.03 SCOPE, delete subparagraph l l C, in its entirety and insert this revised subparagraph C. New control devices shall be equal to Johnson Metasys system r' of Johnson Controls manufacture. Equal equipment by Honey- well or Barber -Colman will be considered. City of Lubbock intends to communicate with this system, Municipal Square r. system and Airport Terminal system by modem. Communication between these systems is not required in this project. 3. In Section f5.02, Paragraph 2.01 ENERGY MANAGEMENT SYSTEM DESCRIPTION, revise the third sentence to read: City of Lubbock will furnish one or more 486DX33 personal computers with 8MB Ram and 120MB hard disc with Dos 6 and Windows 3.1 software for use as a terminal to communicate by modem with Municipal Building, Municipal Square, Airport Terminal or more remote systems and a printer to report data l logs and trends. City of Lubbock will furnish telephone ` line. F Revise the last sentence to read: EMS system shall be equal to Johnson Metasys and shall be capable to communicate with City of Lubbock PC terminal by modem. END OF ADDENDA NO. 1 �' 00 City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 Office of Purchasing MAILED TO VENDOR: June 15, 1993 OLD CLOSE DATE: June 17, 1993 AT 2 P.M. NEW CLOSE DATE: June 22, 1993 AT 2 P.M. BID #12612 - MUNICIPAL BUILDING ENERGY MANAGEMENT SYSTEM UPGRADE ADDENDUM # 2 Please modify or amend Contract Documents as follows: 1. Please note the new closing date of June 22, 1993, at 2:00 P.M. 2. The enclosed two (2) pages will hereby become part of the Contract Documents. THANK YOU, on huf Id Senior Buyer PLEASE RETURN ONE COPY WITH YOUR BID MUNICIPAL BUILDING ENERGY MANAGEMENT SYSTEM UPGRADE BID 12612 ADDENDA NO. 2 - JUNE 14, 1993 NOTICE TO ALL BIDDERS: The following shall be incorporated in and become a part of the Specifications on the subject project prepared by Fanning, Fanning and Associates, Inc. Acknowledge receipt of this Addenda No. 2 on your Proposal. 1. On page 17 of the Proposal, insert the following below the signatures: SOFTWARE PROTOCOL: All .costs for software protocol to enable remote access by telephone modems and personal computer furnished by City of Lubbock to enable change of setpoint and operating schedule and to receive monitor, trend and/or log reports has been included in BASE BID: SOFTWARE COST INCLUDED: ($ 2. In the Specifications, Section 15.01, Paragraph 2.02 VARIABLE FREQUENCY MOTOR CONTROL: Revise Subparagraph I to read "--- automatically variable carrier frequency from 380 to 15,000 hertz." 3. In the Specifications, Section 15.02, Paragraph 3.01 l CONTROL SYSTEM DESCRIPTION: New flow sensors may be l connected in parallel to taps for existing chilled water flow sensors on each air unit. Existing controls (electric and/or pneumatic) replaced by this project r shall be removed by Contractor. Existing air unit chilled water three way valves have butterfly valves in bypass line. Use these valves to convert system to variable flow in lieu of capping bypass port. Contractor shall include in his Proposal a minimum of six emergency service calls during Warranty period with a response time of four hours. Paragraph 3.04 AIR UNIT NO. 3: Replace four existing pneumatic temperature sensors in Administrative Office Area with DDC temperature sensors for monitoring from central operator work station. I Paragraph 3.05 AIR UNIT NO. 4: Replace second sentence in subparagraph C as follows: Locate DDC temperature and humidity sensors in duct below floor return grille on Council platform. Temperature sensor shall control air unit heating and cooling valves. When humidity exceeds 60% RH, humidity sensor shall enable chiller and open chilled water valve. Monitor space temperature at present thermostat location on chamber wall from central operator work station. ..Paragraph 3.06 AIR UNIT NO. 5: Add subparagraph D. as follows: Space temperature sensor shall start air unit when minimum temperature of 45'F is reached and heat space to 65' F and shut down. Sensor shall start air unit when maximum temperature of 85'F is reached and cool space to 75'F and shut down. Paragraph 3.08 WATER CHILLER: Add to subparagraph D as follows: Digitally control two compressors with two steps each on two circuits to accomplish sequence. Six copies of ladder diagram and a panel layout diagram for chiller controls as revised will be required. Paragraph 3.09 FAN POWERED VAV TERMINAL: Delete reference to Air Unit No. 4. This unit is connected to Air Unit No. 3. Existing controls shall remain. Add DDC sensor monitor on wall for central operator work station. Paragraph 3.10 ATRIUM UNOCCUPIED TEMPERATURE SETBACK: Add the following: Locate one wall mounted temperature sensor as directed by City Building and Energy Management Administrator. END OF ADDENDA NO. 2 I CITY OF LUBBOCK SPECIFICATIONS for TITLE: MUNICIPAL BUILDING ENERGY MANAGEMENT SYSTEM UPGRADE ADDRESS: MUNICIPAL BUILDING 1625 13th STREET LUBBOCK, TEXAS BID NUMBER: 12612 PROJECT NUMBER: 1491-551104-9006 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1 F INDEX PAGE 1. NOTICE TO BIDDERS..........................................................................................3 2. GENERAL INSTRUCTIONS TO BIDDERS.........................................................................4 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10 4. PAYMENT BOND..............................................................................................14 5. PERFORMANCE BOND..........................................................................................17 6. CERTIFICATE OFINSURANCE ...................................................... ..........20 .................. 7. CONTRACT..................................................................................................22 8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................24 9. CURRENT WAGE DETERMINATIONS...............................................................................42 10. SPECIFICATIONS .........................................................................................43 11. SPECIAL CONDITIONS......................................................... .............................44 12. NOTICE OF ACCEPTANCE......................................................................................45 2 I NOTICE TO BIDDERS F I I r r NOTICE TO BIDDERS BID 9 12612 Sealed bids addressed to RON SNUFFIELD, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 17th day of June. 1993, 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: MUNICIPAL BUILDING ENERGY MANAGEMENT SYSTEM UPGRADE After the expiration of the time and date above first written, said seated proposals will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 8th day of July. 1993. at Municipal Bldg.,1625 13th Street, Personnel conference room 9108, 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 and payment bond in accordance with Article 5160, Vernon's Am. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds S25,000.00. Said statutory bonds should be issued by a company carrying a current Best Retina of or superior, as the rating of the bond company is a factor that will be considered in determination of the Lowest responsible bidder. If the contract price does not exceed S25,000.00 the said statutory bonds will not be required. 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 proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 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. The plans, specifications, proposal forms and contract documents awy be examined at the office of the Purchasing Manager for the City of Lubbock, Lubbock, Texas. 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. There will be a pre -bid conference on 9th 'day of June. 1993, at 10:00 o'clock a.m., Conference Room 108, 1625 13th Street Lubbock, Texas. 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 Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. XSHCITYF LUBBOCK UFFIELD SENIOR BUYER F ADVERTISEMENT FOR BIDS BID R 12612 Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department,, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 17th day of June. 1993, 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: MUNICIPAL BUILDING ENERGY MANAGEMENT SYSTEM UPGRADE After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. 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, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. 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. There will be a prebid conference on 9th day of June. 1993, at 10:00 o'clock a.m., Conference Room 108, Municipal Building, 1625 13th Street, Lubbock, Texas. 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 Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting. C1T OF LUB80C i Ron Shuffield Senior Buyer 71, 1 I 0 GENERAL INSTRUCTIONS TO BIDDERS 4 1. SCOPE OF WORK 2. 3. 4. 5. GENERAL INSTRUCTIONS TO BIDDERS The contractor shall furnish ell labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. 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. 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 of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (ninety) days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 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 insure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 1.1 7. 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 pro- tecting 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 provi- sion. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against de- fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. 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 di- rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup- -' pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi- als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc- tion, 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 re- serves 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 proposed 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. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant Ito provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma- terials to be incorporated into the work without paying the tax at the time of purchase. 0 r 12. 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 construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under- ground 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. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig- nals, 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 re- placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES '.- The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor j from the City. In all cases where written permission is obtained for the use of explosives, the Contractor ( shalt assume full responsibility for all damage which may occur as a direct or indirect result of the blast- ing. 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. Explosive materials shall not be stored or kept at the construction site by the Contractor. In ail 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. 15. 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 shalt 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. 16. INSURANCE jl 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 7 7 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 subroga- tion. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, 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. 17. LABOR AND WORKING HOURS 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 which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be applicable. Construc- tion work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (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. 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. 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: 18. 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 deduc- tions (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. E r 19. 20. 21. 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. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to in- creases or decreases in the cost of materials, labor or other items required for the project will be re- jected and returned to the bidder without being considered. PREPARATION FOR PROPOSAL The bidder shall submit his proposal 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 proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis- tinctly 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. If the proposal is submitted by an indi- vidual, his name must be signed by him or his duly authorized agent. If a proposal fs submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal 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: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- lowing: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. 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. 9 BID PROPOSAL 10 r BID PROPOSAL BID FOR LUMP SUM CONTRACT PLACEt MUNICIPAL BUILDING, 1625 13th STREET, LUBBOCK, TEXAS DATES June 22, 1993 PROJECT NUMBER: 12612 . MUNICIPAL BUILDING ENERGY MANAGEMENT SYSTEM UPGRADE 7 Proposal of JOHNSON'.CONTROLS, INC. (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 for bids for the constnxtion of a Energy Management System Upgrade having carefully examined the plans, specifications, Instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materiels and labor, hereby proposes to furnish all labc 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 th work required under the contract documents. TWENTY-THREE THOUSAND THREE HUNDRED EIGHTY-SIX MATERIALS: AND 00/ 100 DOLLARS (S 23,386.00 ) THIRTY-TWO THOUSAND TWO HUNDRED NINETY-FOUR SERVICES: AND 00/100 DOLLARS (t 32,294.00 ) FIFTY-FIVE THOUSAND SIX HUNDRED EIGHTY RD TOTAL BiD 00/100 DOLLARS (S 55,680.00 ) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a writteri "Notice to Proceed" of the owner and to fully complete the project within 90 (NINETY) consecutive calendar days thereafter i stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of 5100.00 (one Hundred Dollars) for each consecutive calendar day in excess of the time set forth hereinabove 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 proposal shall be completed and submitted in accordance with instructic number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work an which he ha bid; as provided in the contract documents. 16 PLACE MUNICIPAL BUILDING DATE June 22, 1993 PROJECT NO. 12612 Proposal of BID PROPOSAL BID FOR LUMP SUM CONTRACT JOHNSON CONTROLS, INC. (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 for bids for construction of ►� Upgrade Temperature Regulation System with Energy Management System to City Hall I in a Base Bid. Replace Air Unit No. 1 (25 HP) and Air Unit No. 2 (15 HP) fan inlet vane controls with fan motor variable frequency drives in Alternate No. 1 F F having carefully examined the Specifications, Instructions to Bidders, Notice to Bidders and all other related Contract Documents and the site of the proposed work and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the 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, of which this Proposal is to be a part, is as follows: TWENTY-THREE THOUSAND THREE HUNDRED MATERIALS: EIGHTY-SIX AND 00/100 DOLLARS (S 23,386.00 1 THIRTY-TWO THOUSAND TWO HUNDRED NINETY-FOUR SERVICESs AND 00/100 DOLLARS (S 32,294.00 1 FIFTY- IVE THOUSAND SIX HUNDRED EIGHTY BASE BIDS AND 00 100 DOLLARS (S 55.680.00 1 (Upgrade Temperature Regulation System with Energy Management System) SEVEN THOUSAND ONE HUNDRED TWENTY-TWO AND MATERIALS: 00/100 DOLLARS (S 7,122.00 1 TWO THOUSAND THREE HUNDRED SEVENTY-FOUR AND 2,374.00 SERVICES• QQ. 100 13011ARS fS 1 NINE THOUSAND FOUR HUN11RF.D NTNRTV-STX ALTERNATE NO. ls_ (Replace fan inlet vane control on motor variable 496.00 (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shaft govern) F 1. SAFECO BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, JOHNSON CONTROLS, INC. 5151 NORTH GREEN BAY AVENUE. SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERIC HOME OFFICE SAFECO PLAZA SEATTLE, WASHINGTON 98185 M I LWAUKE E WI 53209 as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto The City Of Lubbock as Obligee, hereinafter called the Obligee, in the sum of 57 Dollars (S ). 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 Energy Management System Upgrade NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd r 6 day of June , 19 93 . itness Witness JOHNSON CONTROLS, INC. JOHN W MAY-NARO _(Seal) Principal/ EY-IN-FACT J INSURANCE COMPANY OF AMERICA L I SA M. CLAPPER Attorney4n-Pact r Registered trademark of SAFECO Corporatia S-6/1EP 10190 PRINTED IN U.S.j r J Q HNSON CONTR LS Johnson Controls, Inc. 5757 N. Green Bay Avenue Post Office Box 591 Milwaukee, WI 53201-0591 Tel. 414/228 1200 DELEGATION OF AUTHORITY The undersigned,".President of Johnson Controls, Inc., a Wisconsin corporation, pursuant to the authority vested in him by a certain resolution adopted by the Board of Directors of the Company on January 23, 1980, hereby authorizes Jerry L. Bell, Branch Manager Lubbock Branch Office 1603 Loop 289 West P.O. Box 16164 - Sunset Station Lubbock, Texas 79490 to perform, on behalf of the Company, the acts described below: To execute and deliver any and all contracts for the performance of work, sale of goods, and furnishing of services, and any other instruments in connection therewith and in the ordinary course of business. This authority does not extend to a. the execution of surety, performance or bid bonds; b. the collection, receipt and recovery of monies due or to become due to the Company and the issuance of receipts and releases for the payment thereof; C. the signing of any notes, contracts, or any other agreement to borrow money in the name of the Company; and d. the signing, on behalf of the Company, of any deeds, abstracts, offers of purchase, or any other instruments pertaining to the purchase or sale of real property. This authority shall remain in full force and effect until revoked in writing by the President of the Company. Signed and sealed at Milwaukee, Wisconsin, this 5th day of 19 90 Attest: I^ ur Secrets Vj (SEAL) Aril r. ®POWER /���/� OF ATTORNEY S Y-'GLVO No. w,. KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON e8185 5155 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington 7 corporation, does each hereby appppoint •■a■•■a•WILLIAM R. HAACK; PAUL S. PRICE; MICHAEL C. WOSICK; JANIS M. MUCCIO; FRANK E. BLAU; LISA M. CLAPPER, Milwaukee, WISConSinarae�saa�a�saa�aaarrsrsaa�Raas�aaKas�aa��saaa�saarasasasaa Fla • its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. and to bind the respective company thereby. r— IN WITNESS WHEREOF, SAFECO INSURANCE_ COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 12 t h CERTIFICATE day of Febr Usry , 19 93 Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the, Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, 0) The provisions of Article V. Section 13 of the By -Laws, and (hi) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, j the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof L R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are Still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of 19 P.M S-074/EP V03 G) Registered trademark of SAFECO Corporation. A Johnson Controls, Inc. 5757 N. Green Bay Avenue Post Office Box 591 Milwaukee, WI 53201-0591 Tel. 414/228 1200 J HNSON E CO^ ��� �� DELEGATION OF AUTHORITY � 'V t The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation, pursuant to the authority vested in him by f a certain resolution adopted by the Board of Directors of the Company on January 23, 1980, hereby authorizes r., John W. Maynard Manager of Insurance Operations 5757 North Green Bay Avenue Milwaukee, Wisconsin 53209 to perform, on behalf of the Company, the acts described below: To execute and deliver, -as attorney -in -fact for the Company, and any and all surety, performance, and bid bonds necessary and proper in carrying on the business of the Company. This authority does not extend to r a. the execution of contracts for the performance of work, sale of goods, and furnishing of services; b. the collection, receipt and recovery of monies due r or to become due to the Company and the issuance of I receipts and releases for the payment thereof; C. the signing of any notes, contracts, or any other agreement to borrow money in the name of the Company; and d. the signing, on behalf of the Company, of any deeds, abstracts, offers to purchase, or any other r' instruments pertaining to the purchase or sale of real property. This authority shall remain in full force and effect until revoked in writing by the President of the Company. Signed and sealed at Milwaukee, Wisconsin, this 3rd day of February, 199 3- Attest: 'V Sec a y ( SEAL) LIST Of SUBCONTRACTORS This form shall be completed and submitted with the Bidderfs Proposal, 1. Continental Electric 2. Anthony Mechanical, Inc. 3. i. S. 6. 7. 8. 9. 1o. Minority owned Yes No X X 13 71 PAYMENT BOND 14 BOND NO. 5770083 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 JOHNSON CONTROLS, INC. KNOT! ALL MEN BY THESE PRESENTS, that 5757 NO. GREEN BAY AVE(hereinafter called t'ie Principal(s), as MILWAUKEE, WI 5 2 9 Principal(s), and SAFECO INSURANCE COMPANY OF AMERICA, SAFECO PLAZA, SEATTLE, WA 981 (hereinafter celled the Suret (s), as �uret ) �r�, h� (� �{mil Apind unto the Cit, of Ltkl>ook (i.creinafter r called the Obligee), in the amount of n RFRTFT1�f'V SATX °f�tgff 10®ollars (5aj76,0® lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves,. and their heirs, cdninis- trators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, day;-: the Jay of AUGUST , 1993 , to �' -- INSTALLATION OF METASYS SYSTEM — MUNICIPAL BUILDING ENERGY MANAGEMENT UPGRADE, 1625 13TH STREET, LUBBOCK, TX 79401 and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying Labor and material to him or a sub -contractor in the prosecution of the work provided for in said con- tract, then, this obligation shall be void; otherwise to remain in full force and effect; i PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised l Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. BOND CHECK BEST RATING LICENSED IN TEXAS DATES aL 3 BY r �-. 15 IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 19TH day of JULY 19 93, — SAFECO IN$iiRANC'F. Principe: JOHNSON CONTROLS,INC. Br : a-t F� 0 W . MA 1�P;3� , TTORNEY— IN —FACT fl✓: ;Tate) By: --- - -- (Title) COMPANY OF Surety / n r r `(Title) i 'JANIS M. MUCCIO s% ATTORNEY —IN —FACT The undersigned surety company represents ��tnnh��a�ttit is duly qualified to do business in Texas, and hereby des ignates DAM 0 TURNER an agent resident in �%k County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. TEXAS RESIDENT AGENT: i by 41rL-1— DAVID 0. TURNER Approved as to form: City of Lubbock By: City Attorney SAEECO INSURANCE COMPANY OF AMERICA Surety 7 JANIS M. MUCCIO� A -( fl *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. IV I Johnson Controls, Inc. 5757 N. Green Bay Avenue Post Office Box 591 Milwaukee, WI 53201-0591 Tel. 414/228 1200 F J HNSON DELEGATION OF AUTHORITY FCONTRULS The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation, pursuant to the authority vested in him by a certain resolution adopted by the Board of Directors of the 7 Company on January 23, 1980, hereby authorizes John W. Maynard Manager of Insurance Operations 5757 North Green Bay Avenue Milwaukee, Wisconsin 53209 to perform, on behalf of the Company, the acts described below: To execute and deliver, as attorney -in -fact for the Company, and any and all surety, performance, and bid bonds necessary and proper in carrying on the business of the Company. This authority does not extend to a. the execution of contracts for.the performance of work, sale of goods, and furnishing of services; b. the collection, receipt and recovery of monies due or to become due to the Company and the issuance of receipts and releases for the payment thereof; C. the signing of any notes, contracts, or any other agreement to borrow money in the name of the Company; and d. the signing, on behalf of the Company, of any deeds, abstracts, offers to purchase, or any other instruments pertaining to the purchase or sale of real property. This authority shall remain in full force and effect until revoked in writing by the President of the Company. Signed and sealed at Milwaukee, Wisconsin, this 15th day of August, 1991. Attest: WA sec a y �. (SEAL) i POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AWRICA �. e OF ATTORNEY HOME OFFICE: SAFECO PLAZA s� +� ® SEATTLE. WASHINGTON e81a5 No. 6165 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint 115588ie5WILLIAM R. HAACK; PAUL S. PRICE: MICHAEL C. WOSICK; JANIS M. MUCC10; FRANK E. BLAU; LISA M. CLAPPER, Milwaukee, Wisconsin■■■•••••■••■■•■■•••■■•••■■■■■••■■■■■■•■•■■■■■■■•••■■■■■■•• Its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of Its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 12th day of February . 19 23, CERTIFICATE r" Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: `Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President. the Secretary. and any Assistant Vice r President appointed for that purpose by the Officer in charge Of surety operations. Shaft each have authority to appoint individuals as f attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents Of similar character Issued by the company in the course of its business ... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however. 7 that the seal shall not be necessary to the validity Of any such instrument or undertaking." I Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. r 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws. and Gi) A copy Of the power -of -attorney appointment, executed pursuant thereto. and (III) Certifying that said power -of -attorney appointment is in full force and effect. r.. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof" i L R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations. and Of a Power Of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws. the Resolution and the Power Of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation g this 19TH day of JULY . 19 9 3 . F 5-9741EP V93 ® Registered trademark of SAFECO Corporation IMPORTANT NOTICE FTo obtaln Information or make a oomplalnts you may contact the Texas Department of Insurance to obtain Information on companies, coverages, rights or complaints at: F1-000-262-3439 ,You may write the Texas Department of Insurances P.O. Box 149104 Austin, Tx 7071 4-9 104 �^ Fax *(612) 476-1771 PREMIUM OR CLAIM DISPUTES: FShaiu[6 you have a dispute concerning your premium or about a claim you should contact the agent or company first. If the dispute Is not resolved, you may contact the Texas Department of Insuranoa. FATTACH THIS NOTICE TO YOUR POLICY: r.Th i s notice In for Vnforma t l cn only and does not become a part or condlt[on of the attached document. r F rS-1984/EP $190 PRINTED IN U.S.A. PERFORMANCE BOND 17 R .- BOND NO. STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 5770083 " JOHNSON CONTROLS, INC, 5757 NO GREEN BAY AVENUE, MILWAUKEE, WI 5321 KNOW ALL MEN BY THESE PRESENTS, that * * (hereinafter called the Principal(s), as Principal(s), and SAFECO INSURANCE COMPANY OF AMERICA SAFECO PLAZA, SEATTLE, WA 98185 (hereinafter called the Suret (s) as s rmLv(-bnand unto the Cityof Lubbock (hereinafter called the Obligee), in the amount of & 1j100llars (16 5176. 0CLawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra- tors,'executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of AUGUST 19 g ao 'INSTALLATION OF METASYS SYSTEM — MUNICIPAL BUILDING ENERGY MANAGEMENT UPGRADE, 1625 13TH STREET, LUBBOCK, TX 79401 and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per- form the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; Otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil`Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all lie�+ilities on this bond shall be determined in accordance with the provisions of said article to the sam- extent ac if i•: were copied at length herein. I^ IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this th's ( day of AUGUST t9 93 SAFECO-INSURANCE COMPANY OF AMERICA JOHNSON C NTRCLS, INC Surety % 41"V11 Pti pot (Title ���- �IANIS M. MUCCIO JOHN W. MAXDiA ` ATTORNEY —IN —FACT ATTORNig- —F T BOND CHECK BEST RATING LICENSED IN TEXAS DATE Zat- 97 By PF, F By: (Title) By: (Title) �- 18 I The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates 1[MIM n TI n agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. TEXAS REStIDENT AGENT: by DAVID 0 TURNER Approved as to Form City of Lubbock By: City Attorney SAFECO INSURANCE COMPANY OF AMERICA Surety JANIS M . MUCCIO , ATTr NEYT-V P-FACT *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. i 19 CERTIFICATE OF INSURANCE 20 (PRODUCER Marsh & McLennan, Inc. 411 East Wisconsin Avenue Suite 900 Milwaukee, WI 53202 INSURED Johnson Controls, Inc. Attn: Corporate Risk MgmtJA-60 P.O. Box 591 Milwaukee, WI 53201 Gets ' CAT OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE on1 Ir IFc P=i nu/ ISSUE DATE (MMIDD/YY) COMPANIES AFFORDING COVERAGE COMPAN LETTER Y A American Motorists Insurance Company COMPAN LETTER Y B American Manufacturers Mutual Insurance Co. COMPANY `. LETTER COMPANY D LETTER NY Contract No. 3047-0042 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS �Co R DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY t - GENERAL AGGREGATE $ 5,000,000 A X COMMERCIAL GENERAL LIABILITY ' PRODUCTS-COMP/OP AGG. $ 5,000,000 111 CLAIMS MADE X OCCUR.' 3YM854695-05 10-1-92 10-1-93 PERSONAL & ADV. INJURY S 55,000,000 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 5,000,000 A i FIRE DAMAGE (Any one fire) $ 5,000,000 fl MED. EXPENSE (Any one person) S 50,000 AUTOMOBILE LIABILITY * COMBINED SINGLE S X ANY AUTO LIMIT 5,000,000 X ALL OWNED AUTOS BODILY INJURY $ A X SCHEDULED AUTOS (Per person) X HIRED AUTOS 3ZM854695-04 10-1-92 10-1-93 BODILY INJURY X NON -OWNED AUTOS (See Reverse Side) (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE S r i EXCESS LIA131LITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION 3CE854783-02 10-1-92 10-1-93 EACH ACCIDENT $ 1,000,000 B AND (See Reverse Side) DISEASE —POLICY LIMIT $ 1,000,0DO EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ 1,000,000 OTHER L Includes coverage for Additional Insureds where required by lease or Contract with respect to liability arising out * Additional Insured: of operations performed for them by or on behalf of Johnson Controls, Inc. but only to the extent of damages directly caused by the negligence of Johnson Controls, Inc, DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS 1 i City of Lubbock i Municipal Building -nergy, ManagPment GtPm Tl�rarfr n Riri #19j12 CERTIF City of Lubbock 1625 13th Street Lubbock, TX 79401 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL '10 DAYS WRITTEN NOTICE TO THE: CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. i AUTHORIZED REPRESS ,ATIVE door=���ti�...r' ACORD 25-S (7/90) (DACOF3•D CORPORATION 1990 i! l P R O T E C T I O N M U T U A L I N S U R A N C E C 0 M P A N Y 18000 W. SARAH LN. - STE. 100, BROOKFIELD, WI 53045-5853 * TEL. (414) 792-0099 * FAX (414) 792-0324 JCI Location Code 0 4 0 4 7 Date ___OZ_.,5_93____.______ r _PROJECT: City of Lubbock t Municipal Building Energy Management System Upgrade Bid #12612 3047-0042 LIMITS OF LIABILITY: $5,000,000 Per Installation Location $2,000,000 Per Conveyance COVERAGE: All Risk subject to the terms and conditions of the Forms and Endorsements of Policy No. 201301•-92. This is to advise that Johnson Controls, Inc., insured under Policy No. 201301-92 has insurance in force providing Five Million Dollars ($5,000,000) per installation location and Two Million Dollars ($2,000,000) per conveyance on insured personal property while in transit and while located at 1603 Loon 289 West Lubbock, TX 79416-5124 from the effective date of 07-15-93 thru the policy expiration date of April 1, 1995 unless otherwise cancelled. This is given solely as a matter of information and is accepted by the holder with the expressed stipulation that it conveys no rights under the policy to parties other than assured named in the policy. PROTECTION MUTUAL INSURANCE COMPANY Authorized Underwriter r F 7 r CON2� s SON Johnson Controls, Inc. 5757 N. Green Bay Avenue Post Office Box 591 Milwaukee, WI 53201-0591 Tel. 4141228 1200 DELEGATION OF AUTHORITY P, The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation, pursuant to the authority vested in him by a certain resolution ` adopted by the Board of Directors of the Company on January 23, 1980, hereby authorizes Jerry L. Bell, Branch Manager Lubbock Branch Office 1603 Loop 289 West P.O. Box 16164 - Sunset Station Lubbock, Texas 79490 to perform, on behalf of the Company, the acts described below: To execute and deliver any and all contracts for the performance of work, sale of goods, and furnishing of services, and any other instruments in connection therewith and in the ordinary course of business. This authority does not extend to a. the execution of surety, performance or bid bonds; b. the collection, receipt and recovery of monies due or to become due to the Company and the issuance of receipts and releases for the payment thereof; C. the signing of any notes, contracts, or any other agreement to borrow money in the name of the Company; and d. the signing, on behalf of the Company, of any deeds, abstracts, offers of purchase, or any other instruments pertaining to the purchase or sale of real property. This authority shall remain in full force and effect until revoked in writing by the President of the Company. Signed and sealed at Milwaukee, Wisconsin, this 5th day of 19 90 . r ; Attest: �L?4w� Secrets (SEAL) ril r 7 r r i. r 1. r, 7 t F r F r r r r Iss E DATE (MM/DDIYY) MOW 5- X . . . . . . . . Ok-2 2-93 PRODUCER IS CERTIFICATE ISISSUED AS A MATTER OF INFORMATION ONLYAND Marsh & McLennan, Inc.. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 411 East Wisconsin Avenue DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 900 Milwaukee, WI 53202 COMPANIES AFFORDING COVERAGE COMPAN Y A American Motorists Insurance Company LETTER COMPANY B American Manufacturers Mutual Insurance Co. INSURED LETTER Johnson Controls, Inc. Attn: Corporate Risk MgmtJA-60 MPANY C LECOTTER P.O. Box 591 - - ----- - --- Milwaukee, WI 53201 COMPANY LETTER D JCI Contract No. ... .. . ......... COMPANY E LETTER V -COVERAGES _0 j 4t3f 1p!r. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE'POLICY EXPIRATION' LIMITS LTR DATE (MM/DDIYY) DATE (MMIDDIYY) GENERAL LIABILITY i GENERAL AGGREGATE is A X COMMERCIAL GENERAL LIABILITY .... ..... . PRODUCTS-COMPIOP AGG. S 5 000,ow CLAIMS MADE' _x ?OCCUR.l 3YM854695-05 10-1-92 10-1-93 PERSONAL & ADV. INJURY 5:000,000 OWNER'S A CONTRACTOR'S PROT� EACH OCCURRENCE 5,0000 _ 00-1 FIRE DAMAGE (Any one fire) It 5,000-000. __50,01:10, MED. EXPENSE (Any one person),s AUTOMOBILE LIABILITY SINGLE 5,000,000 X ANY AUTO LIMITCOMBINED ALL OWNED AUTOS - -------- --- BODILY INJURY is A X SCHEDULED AUTOS (Per person) X HIRED AUTOS 3ZM854695-04 10-1-92 10 -1-9 3 X NON -OWNED AUTOS (See Reverse Side) BODILY INJURY (Per accident) GARAGE LIABILITY PROPERTY DAMAGE ts EXCESS LIABILITY EACH OCCURRENCE li UMBRELLA FORM AGGREGATE ts OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION 3CE854783-02 STATUTORY LIMITS 10-1-92 10-1-93 ACCIDENT :8 -1,01K1,000 B AND (See Reverse Side) EACH DI . SEASE—POLICY LIMIT .11, $ I.M0,000 EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE I.ODO,000 OTHER Includes coverage for Additional Insureds where required by lease or contract with respect to liability arising out Additional Insured: of operations performed for them by or on behalf of Johnson Controls. Inc. but only to Me extent of damages directly caused by the negligence of Johnson Controls, Inc. DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS Bid on Energy Management System Upgrade Municipal Building City of Lubbock CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Municipal Building MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1625 13th Street LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION On Lubbock, TX 79401 LIABILITY OF ANY KIVD UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESE16ATIVE A ACORD 25-S (7/90) OACORD CORPORATION 1990! N ` i r F CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8th day of July. 1993 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and JOHNSON CONTROLS. INC. 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 912612 - MUNICIPAL BUILDING ENERGY MANAGEMENT SYSTEMS UPGRADE - IN THE AMOUNT OF S65,176.00 and all extra work in connection therewith, underthe terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish al[ 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 proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents year and day first above written. ATTEST: Secrete APPROVED AS TO CONTENT: APPROVED AS TO FORM: JOHNSON CONTROLS, INC. i Q� 7 V°r By: TI rLE:LA4 f9 COMPLETE ADDRESS: t ATTEST: 1603 Loop 289 West C Lubbock. Texas 79416 Corporate Secretary is in the F35 I GENERAL CONDITIONS OF THE AGREEMENT is j 24 F FGENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, 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 the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: Johnson Controls. Inc. who has agreed to perform the work embraced in this contract, or to his or their legal representative. ' 3. OWNERIS REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to George Lisenbe, Building and Energy Management Administrator, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the owner under the direction of owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, 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 his inspection in accordance with the Notice to Bidders. S. 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," OlAcceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various �.. qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 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 him who gives the notice. lice. k: F Fa. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he 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 of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. on the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the lam' work contemplated by these contract documents or the completion of the work contemplated by these contract E! documents. Whenever necessary, Contractor shall suspend his 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 him, his Subcontractors, or his employees, such rstakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. t 7- 39 F13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence- ment of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Con- tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre- sentative 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 him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa- tive 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 shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 5 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc- tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 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 Con- tractor 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 six (6) days make written appeal to the Owner's Representative for his decision. r" 27 I 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 his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shell 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 Con- tractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his 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 himself as to the na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate- rials 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 effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER Of WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or men shall be discharged from the work and shall not again be employed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that owner shall fur- nish 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 direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob- servation, 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. 28 E F OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at ell reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am- ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre- sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa- tive 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 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 Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, 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 approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work 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 this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further 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 Owners' Representative as un- suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re- build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur- ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or 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 f" basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in- crease 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 29 case the Owner shall make such changes or alterations as shall make useless any work already done or mate- rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to 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, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, 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 Representa- tive 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 com- menced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this para- graph 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 Workmen's 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 mat- ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- ery 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 com- pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments 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 York, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre- sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in- sists 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). The Contractor will thereby preserve the right to submit the matter'of payment to arbi- tration as herein below provided. 30 ' 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the Intent of these contract documents as interpreted by Owner's Representative, if the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is 111 received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any re- quest for clarification must be submitted no later than five 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. f� If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci- fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an rextent as to give reasonable assurance of compliance with the schedule of progress. �I 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's 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, his sureties and insurance carriers shall defend, indem- nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sus- tained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcon- tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his 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 pro- gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 31 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au- thorized 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 shell be provided covering the operation of each subcontractor. A. Comprehensive General Liability insurance The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific Job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor` shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and S100,000 for Property Damage: C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less then; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non - owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten- tial loss) naming the City of Lubbock as insured. 32 0 ' E. Excess or Umbrella Liability Insurance The Contractor shell have Excess or Umbrella Liability Insurance in the amount of (E1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen- sive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any Sub- contractor on the job with Employers Liability of at least $100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named in- sured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) con- tained in the job specifications. No substitute of nor amendment thereto will be accept- able. 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance 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 shell 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 33 F shall remain unpaid, 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. . Any and all communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten- tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss an 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 speci- fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm- less from any loss on account thereof. If the material or process specified or required by Owner is an in- fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the owner of such infringement. 31. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. if the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the'Law from which it derives its powers, in- sofar 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. 32. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his 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 his full obligations to the Owner, as provided by this contractual agreement. 33. TIME FOR 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 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 an a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con- sideration for the awarding of this contract, the Owner may'withhold permanently from Contractor's total compensation, the sum of $100.00 (One Hundred Dollars ) PER DAY, not as a penalty, but as liquidated damages 34 F for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com- pletion of the work described herein is reasonable time for the completion of the same, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this local- ity. I The amount is fixed and agreed upon by and between the Contractor and the Owner because of the imprectica- bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus- tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this f contract. 34. TIME AND ORDER OF COMPLETION it is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his 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 contact, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the owner is having other work done, either by contract or by his 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 proposes 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 sev- eral parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions C prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his 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, walk -outs, acts of Cod or the public enemy, fire or flood. The Contractor may apply in writing for an ex- tension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re- ceipt of a written request for an extension of time by the Contractor supported by ell requested docu- mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. F 36. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in- cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge 35 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 judgment of the owner's Representative that rig caused by such stoppage shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals of- fered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done end materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, -from any damage or injury by reason of said process of construction; and he shall be Liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the'perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which ,has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him 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. 40. 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 de- fective 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 con- tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 36 I 1. F. 41. PARTIAL PAYMENTS r r on or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica- tion for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par- tial 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; said statement shall also include the value of all sound ma- terials delivered on site of the work that are to be fabricated into the work. 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 this agreement. it is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per- centage due Contractor. 42. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the owner shall in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 43. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be- fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this con- tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance 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 special condi- tions (if any) of this contract or required in the specifications made a part of this contract. 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the owner's Representative, owner may remove and replace it at Contractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall wear within a period of one (1) year from the �. 37 date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de- fects with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materiels or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 47. TIME OF FILING CLAIMS 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) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de- cision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar- biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. r The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar- biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ- ing and shall not be open to objection on account of the form of proceedings or award. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or- ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, 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. After receiving said notice of abandonment, 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 l equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the t 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 rprovided 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 case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide 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 sup- plies 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 I s less then the sum which would have been payable under this contract, if the same had been com- pleted 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 com- pleted by said Contractor, then the Contractor and/or his 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 newspa- per 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. However, 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. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Ownerfs Representative as being correct shall then be prepared and delivered to Contractor and his Surety, 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 certificate of completion. j� l 39 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 terns of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the owner, then a[l machinery, equipment, tools,materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety 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 subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (1S) days from the date of said notice the Owner may sell such machinery, equipment, tools, materiels or supplies and apply the net sun derived from such sale to the credit of the Contractor and his Surety. 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 machin- ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorpo- rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sun to cover the cost of any provisions made by the Con- tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shell certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu- tory bonds will not be required. All bonds, if required, 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. And it is fur- ther agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special con- ditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 40 F 53. LOSSES FROM NATURAL CAUSES i Unless otherwise specified herein, all loss 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 and the prosecution 1 of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. a 54. INDEPENDENT CONTRACTOR roll Contractor is, and shalt remain, an independent contractor with full, complete and exclusive power and au- thority to direct, supervise, and control his 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 ob- serve Contractor's work during his 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 E 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. 55. CLEANING UP 7 The Contractor shall at ell times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove ell such debris and also his tools, scaffolding, and surplus materiels and shall leave the work room clean or its equivalent. The work shall be left in good order and r.. condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. F41 F CURRENT WAGE DETERMINATIONS 42 ir- i 7 : Resolution #2502 ` • January 8, 1987 Agenda Item #18 DGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wa9es; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: . Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January , 1987. Ranett"oyd, City Secretary APPROVED T ONTENT: Bi 1 P•yne, D rector of Building Services B.C. McMINN, MAYOR APPROVED AS TO FORM: Do ld G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 _. Electrician 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter 8.75 Plumber 9.25 Plumber -Helper 6.00 -- Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 _ Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 4 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator. Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 .Lineman Apprentice Series 8.90 Groundman Series 7:25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. I r SPECIFICATIONS 43 DIVISION 15: MECHANICAL SECTION 15.01: EOUIPMENT PART I - GENERAL 1.01 NOTE: Conform with applicable provisions of the General Conditions. 1.02 SSUBMITTALS: Submit manufacturer's data and shop drawings on all items specified. 1.03 SCOPE A. This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the mechanical equipment as specified herein. B. This section requires the furnishing of all equipment specified. Equipment referred to singularly shall mean each item, and the total number of items shown or specified shall be furnished. All equipment shall be manufactured in the USA. C. All appurtenances and auxiliary equipment necessary to the function of any specified item of equipment shall be furnished with the item of equipment, whether specifically mentioned or not. Each item of equipment shall perform function for which it is intended and all work necessary for a complete functional system shall be provided. D. This specification requires that all items of equipment be completely installed, finally connected, tested and placed in service. E. It shall be the responsibility of the Contractor to verify all requirements of the equipment and the contract and certify with the submittal of the shop drawings that all requirements have been met, including: 1. Space requirements 2. Electrical requirements (voltage, phase, wires - no. and size) 3. Capacities 4. Clearance for maintenance 5. Quality 6. Quantity PART II - PRODUCTS 2.01 MOTOR STARTERS: Existing motor starters shall be reused. 2.02 VARIABLE FREQUENCY MOTOR CONTROL: ALTERNATE NO. 1 PROVIDE VARIABLE FREQUENCY MOTOR CONTROL FOR AHU NO. 1 (25 HP) AND AHU NO. 2 (15 HP). r Control shall be constructed of new materials and shall produce a 3 phase output capable of providing efficient operation of standard NEMA or IEC design AC induction motors. Control shall consist of a power section made up of a fixed AC to DC converter, a fused filter, storage network and an invertor using either bipolar transistors or IGBT's in power switching section. Logic control section shall be microprocessor based using a 16-bit processor and LSI for minimum parts count and maximum reliability. Power section shall be isolated from the control logic between driver output of control printed circuit card and the power switching devices. A. Specifications: 1. Input power: 3 PH, 60 Hz, 460 VAC 2. Nominal input volts +/- 10%, Input frequency stability +/- 5% 3. Comply to IEEE 519-1981 without external modification on a power system with 2% maximum source impedance and a capacity of at least 1.04 times the control full load input current. 4. Comply to FCC subpart J of part 15 for class A computing device from 7 MHZ to 30 MHZ for conduction limit without external modification. 92048 r 15.01-1 5. Output power: 3 phase, 1.5 to 60 Hz with variable voltage to give proper and efficient operation of variable torque load. 6. Overload capacity factory set at 125% for 1 minute, programmable from 100% to 150%. B. Minimum Requirements for Reliable Control Operation 1. Fused input door interlocked disconnect 2. Isolated 115 VAC control transformer 3. Digital annunciated fault and limit functions for: Thermal overload relay trip Microprocessor self -check function Output over current trip DC bus over voltage trip Inverse time overload trip Heat sink over temperature trip DC bus fuse open DC bus over voltage (regeneration limit) protection Output ground fault protection 4. Lamp annunciation for the following functions: Invertor ready light Invertor run light Bypass run light Bypass safety lockout light (red) Invertor safety lockout light (red) Input line power on light Control voltage enabled light C. Minimum Required Standard Features 1. Door mounted components 2. Invertor run indication 3. Bypass run indication 4. Remote safety lockout indication 5. Digital speed (frequency or percent speed) and motor output amp meters 6. Manual speed potentiometer 7. Invertor / Off / Bypass switch S. Front push-button for fault reset and enable 9. Manual / Auto reference selector switch 10. Annunciation as in section 4.3 11. Digital fault diagnostic front panel stores and displays up to four faults in sequence of occurrence for fault tracing. 12. DC bus charged indicator 13. Current limit circuit active to prevent nuisance tripping during acceleration or run conditions. 14. Regeneration limit circuit active to prevent nuisance over voltage tripping during deceleration. 15. Minimum and maximum speed set, separate and non -interactive. c- 16. Auto restart selectable after power failure, controller fault, or both. 16. Auto restart after power loss selectable for auto speed mode only• 17. Criticalfrequency lockout for up to 3 frequencies, available from 0 to 100% speed with adjustable bandwidth of at least 10%. 18. only non -filament type indicating lights may be used. 19. Control shall survive, without component failure, and annunciate, output phase to phase and phase to ground faults. 20. Two contactor bypass circuit, electrically and mechanically interlocked, and integral to enclosure with branch circuit protection in accordance with NEC. D. Control shall have the following isolated instrument signal follower: 1. 4 to 20 madc 2. 0 to 10 vdc 3. 3 to 15 psi (optional) -' 4. Setpoint or floating point (optional) 15.01-2 92048 r-� F E. Loss of reference protection, where control constantly monitors the input analog speed signale'for;abnormal changes, i.e. where the analog reference signal changes by more than 90% in 500 msec or less. Control shall then maintain its speed at 80% of last speed commanded, until such time as control is commanded to stop or the analog reference returns to normal. Volts per hertz ratio shall be automatic, tracking motor load requirements to achieve most efficient operation within the parameters set by 5.16, potentiometer adjustments not allowed. Control shall have available 15 selectable volts per hertz patterns, with programmable voltage reduction during run to maximize energy savings. Control must be capable of starting into a spinning motor and switching from invertor to bypass back to invertor without delay and without tripping off line of the invertor. Also must be capable of stopping a motor rotating in the reverse direction and then accelerating that motor in the proper direction. To reduce possible acoustical noise and electrical interference the control must have an automatically variable carrier frequency from 380 to 2500 hertz. There shall be no sudden frequency shifts which cause acoustical noise increases during shifts in the motor. Control shall have a fused door interlocked disconnect with fuses rated for proper branch circuit protection. Isolation transformers or line reactors are not allowed. Control must comply to IEEE 519-1981 General Systems, Special Applications. Control must comply to FCC subpart J of part 15 for class A computing devices, conduction limit between 7 MHZ to 30 MHZ. All components must be supplied in an integral enclosure, separate enclosures are not allowed. All controls under 150 horsepower will require ETL or equal Nationally Recognized Testing Laboratory approval. VARIABLE SPEED CONTROLLER SHALL BE AS MANUFACTURED BY IDM CONTROLS OR APPROVED EQUAL. END OF SECTION 15.01-3 92048 i" i DIVISION 15: MECHANICAL SECTION 15.02: UPGRADE TEMPERATURE CONTROL SYSTEM PART I - GENERAL 1.01 NOTE: Conform with applicable provisions of General conditions. 1.02 SUBMITTAL: Submit manufacturer's data on all materials and equipment. Include system schematics indicating all devices, pneumatic piping, electrical wiring and sequence of operation. Sequence of operation shall reference each component device by designation used on schematics. 1.03 SCOPE: Existing temperature regulation system is pneumatic in operation. Original system was Honeywell, most thermostats, dampers, water valves and actuators remain. System must be upgraded with DDC for air unit control and energy management. A. System shall remain pneumatic in operation and existing thermostats, operators, valves and dampers may be reused. Sensing functions, remote START/STOP provisions, resetting arrangements and alarm indications may be performed by electric or electronic instruments. System shall include all master and submaster thermostats, valves, dampers with operators, amplifiers, air receivers, switches, piping, air regulator, relays, multiplexers, cabinets, etc. required to make it completely operable in full accordance with intent of following description. B. wiring for remote indicating, motor control, control set point and alarm devices shall originate in energy management system (EMS) cabinet with a PC terminal board and modem and extend to and connect to all multiplexers, relays, thermocouples, and similar devices. Wiring shall be performed by Contractor under Division 16, as specified herein and as indicated on drawings which this contractor shall provide. Include cost of this wiring in this work. C. Control devices shall be equal to Johnson Controls manufacture and shall communicate with Johnson Metasys systems in Airport Terminal and Municipal Square, through telephone modems. 1.04 COMPRESSED AIR SUPPLY: Reuse existing air compressor and air dryer. PART II - PRODUCTS 2.01 ENERGY MANAGEMENT SYSTEM DESCRIPTION System shall be Direct Digital Control (DDC) with electronic sensing l elements and operated with pneumatic, electric or electric/hydraulic motors for actuators. DDC system shall include air unit controllers, chiller and boiler equipment controllers with a network to a data r processor all with PID algorithm capability. City of Lubbock will furnish one or more compatible PC computers, modems and a printer. The CDP shall be capable of logging any DDC sensing and/or control points and either printing or reporting data logs and trends by individual sensor, air unit or other equipment. Also, processor shall be capable of responding to modem requests for data logs and trends from Lubbock, TX or other remote locations. Minimum points of control shall conform to the attached DDC point schedule. EMS system shall be equal to Johnson Metasys and shall be capable of communication with Metasys systems at Airport Terminal or Municipal Square. 2.02 TEMPERATURE SENSORS A. Temperature sensing elements shall be capable of sensing temperatures +/- .2°F with repeatability +/- 1% between 50°F and 80°F. USE MAMAC TE-211Z TRANSDUCER OR APPROVED EQUAL. B. Sensing elements shall be platinum electronic resistance type with stainless steel probe. 24 Volt AC with 4-20 MA output. C. For installation in leaving air ducts, probe length shall be at least 12' or 24' averaging. 7 15.02-1 r 92048 1 D. For piping furnish appropriate length temperature sensing bulbs for remote DDC control. E. Where temperature and humidity sensors are located in occupied spaces such as City Council Chambers, the sensors and their transformers shall be mounted in a custom housing with a muffin fan to ensure air movement. 2.03 HUMIDITY SENSORS , A. Humidity sensors shall be guaranteed to control to +/- 1%RH of set point. USE SOLID STATE COPOLYMER WAFER WITH BONDED HYGROMETRIC MATERIAL ON BOTH SURFACES. USE MAMAC HU-222 TRANSDUCER OR APPROVED EQUAL. -24 Volt AC with 4-20 MA output. B. Where temperature and humidity sensors are located in occupied spaces such as City Council Chambers, the sensors and their transformers shall be mounted in a custom housing with a muffin fan to ensure air movement. 2.04 ;DIFFERENTIAL PRESSURE SENSORS: Install sensitive differential pressure sensors on each chiller for proving required minimum flow rate. These sensors shall be sensitive to t .1" WC and equal to Orange Research manufacture. Differential pressure switches on pumps shall be sensitive to tl' WC and equal to ASCO or Orange Research manufacture. 2.05 THERMOSTATS A. All existing space thermostats for terminal units not on DDC control may be reused if they are operationable. B. New space thermostats shall be gradual acting type, except in cases specified herein to the contrary., -All shall be adjustable as to set point and shall be guaranteed to control to plus or minus 1 degree F. of set point. They may be either pneumatic or electronic resistance type. C. For installation in finished areas furnish in plain case with concealed adjustments. 2.06 SAFETY LOW LIMIT: Existing units may be reused. New safety low limits shall be manual reset line voltage type with bellows actuated switches. Twenty foot capillary shall be responsive to the coolest selection of its length. 2.07 CONTROL -VALVES, WATER A. Existing operational modulating 3-way valves and their actuators may be reused. All existing 3-way modulating valves on air units shall be revised for 2-way service by capping the bypass port. Existing 3-way valves on air units that are not operational or will not remain closed against total system pressure shall be replaced with new 2-way water valves. B. All new modulating 2-way water valves shall be provided with equal -percentage contoured throttling plugs. They shall remain closed against full system pressure. C. Valves 3 and smaller shall be screwed type. Valves shall be factory -rated to withstand the pressures encountered. Valves shall have stainless -steel stems and spring -loaded teflon packing. D. Water valves shall be sized for a pressure drop equal to the coil they serve but not to exceed 5 psi. Valves shall have replaceable seats and discs. 2.08 AIR FLOW CONTROL DAMPERS A. Existing operational dampers and their actuators may be reused. B. All new control dampers shall be types required by their service. Frames shall not be less than 13 gauge galvanized steel. Blades must not be over 8 inches wide nor less than .16 gauge galvanized — steel roll formed. Bearings shall be oilite, ball bearing or nylon with 1/2" shafts. Side seals shall be stainless steel of the 15.02-2 92048 i r" tight -seal spring type Dampers and seals shall be suitable for temperature ranges of -400to 200°F. C. All new proportional control dampers shall be opposed or parallel blade type and two -position dampers shall be parallel -blade types. D. All new dampers shall be minimum leakage type to conserve energy and the manufacturer shall submit leakage and flow characteristic data for all control dampers with the temperature control submitted. Maximum leakage shall be 3% at static pressure of 3 inches of W.C. E. Control dampers shall be standard products of temperature control manufacturer. Local fabrication of dampers is not allowed. 2.09 PNEUMATIC ACTUATORS: Existing operational pneumatic actuators may be reused. 2.10 ELECTRIC ACTUATORS A. Electric operators shall be sized to operate their appropriate dampers or valves with sufficient reserve power to provide smooth modulating action. Electric/hydraulic actuators or electric actuators with potentiometer feedback positioners shall be used. B. Where critical application controllers are used, or where actuators are controlled from pressure sensors, electric/hydraulic actuators or potentiometer feedback positioners shall be used. PART III - EXECUTION 3.01 CONTROL SYSTEM DESCRIPTION: Existing control sequences shall be upgraded using DDC devices to provide the following functions: 3.02 AIR UNIT NO. 1: Provide and install an air unit controller to provide the following functions: A. Air unit fan shall be programmed to START/STOP on a weekly schedule from central operator work station. B. Install a discharge air sensor in discharge duct down stream of chilled water coil. When fan starts, open outside air damper to minimum position and activate discharge air sensor to open chilled water valve. Convert chilled water valve to two way by capping bypass port connection. Discharge sensor shall control chilled water valve to weekly schedule from central operator work station. C. Install a return air sensor in return air duct, a mixed air sensor in mixing plenum. When outside air temperature is above 750F., outside air damper shall be at minimum position, relief damper shall be closed and return air damper shall be open. When outside air temperature is below 700F., open outside air damper and relief air damper and close return air damper. Modulate outside air, return air and relief air dampers to maintain from 70°F to 65°F in mixed air plenum as reset by discharge air sensor or until chilled water valve is closed. D. A freeze stet shall be located in mixed air plenum to STOP air unit fan and activate ALARM at central operator work station if mixed air temperature reaches 40°F. E. Install a differential pressure controller in system supply duct to control fan air supply through air unit fan inlet vanes to maintain a minimum pressure 2/3 of distance to remote terminals. F. Under Alternate No. 1, install a variable speed drive on air unit fan motor and control variable speed drive with the differential pressure controller. Lock fan inlet vanes in the open position. 3.03 AIR UNIT NO, 2: Air unit No. 1 and No. 2 shall be identical. 15.02-3 92048 3.04 AIR UNIT NO. 3: Provide and install an air unit controller to provide -- the following functions: A. Air unit fan and return fan shall be programmed START/STOP on a weekly schedule from central operator work station. B. Install a discharge air sensor in discharge duct down stream of chilled water coil. When fans start, open outside air damper to minimum position and activate discharge air sensor to open chilled water valve. Convert chilled water valve to two way by capping bypass -- port connection. Discharge sensor shall control chilled water valve to weekly schedule from central operator work station. C. Install a return air sensor in return air duct, a mixed air sensor in mixing plenum. When outside air temperature is above 75°F., outside air damper shall be at minimum position, relief damper shall be closed and return air damper shall be open. When outside air temperature is below 700F., open outside air damper and relief air damper and close return air damper. Modulate outside air, return air and relief air dampers to maintain from 70OF to 65OF in mixed air plenum as reset by discharge air sensor or until chilled water valve is closed. D. A freeze stat shall be located in mixed air plenum to STOP air unit fan and activate ALARM at central operator work station if mixed air temperature reaches 40°F. E. Verify inlet vanes are locked open with variable speed drive installed. Install a differential pressure controller in system supply duct to control fan speed through variable speed drive to maintain a minimum _ pressure 2/3 of distance to remote terminals. 3.05 AIR UNIT NO. 4: Provide and install an air unit controller to provide the following functions: _ A. Air unit fan shall be programmed to START/STOP on a weekly schedule from central operator work station. B. Install a discharge air sensor in discharge duct down stream of chilled water coil and a discharge air sensor in discharge duct down stream of hot water coil for monitoring and/or control from the central operator work station. C. Install a space temperature sensor and humidity sensor in City Council Chamber. Locate as directed in a custom enclosure. When fan starts, open outside air damper to minimum position and activate space temperature sensor to open chilled water valve and/or hot water valve. D. Convert chilled water valve and hot water valve to two way -' by capping bypass port connection. Space temperature sensor shall control chilled water valve and/or hot water valve to weekly schedule from central operator work station. E. Install a return air sensor in return air duct, a mixed air sensor in mixing plenum. When outside air temperature is above 750F., outside air damper shall be at minimum position, relief damper shall be closed and return air damper shall be open. When outside air temperature is below 700F., open outside air damper and relief air damper and close return air damper. Modulate outside air, return air and relief air dampers to maintain from 70°F to 65OF in mixed air plenum as reset by discharge air sensor or until chilled water valve is closed and/or hot water valve is opened. F. A freeze stat shall be located in mixed air plenum to STOP — air unit fan and activate ALARM at central operator work station if mixed air temperature reaches 40°F. 15.02-4 92048 4 r• 3.06 AIR UNIT No. 5: Provide'and install an air unit controllertoprovide the following functions: A. Air unit fan shall be programmed to START/STOP on a weekly schedule from central operator work station. B. Install a space temperature sensor in the space. Locate where directed in custom enclosure. When fan starts, activate space temperature sensor to open chilled water valve and/or hot water valve. Space temperature sensor ��- shall control chilled water valve and/or hot water valve to weekly schedule from central operator work station. C. A freeze stet shall be located in mixed air plenum to shut down air unit fan and activate alarm at central operator r.. work station if mixed air temperature reaches 40°F. 3.07 HOT WATER BOILERS Provide and install a Central Plant Controller to provide the following functions: A. Install an outside air temperature sensor. Boiler controls shall be START/STOP from outside air temperature sensor with START at 65OF and STOP at 75°F. Install hot water sensors in boiler supply and return connections. r,.. Also install hot water sensors in the system supply and return connections. B. When boiler control is ON with hot water supply and return temperatures above 80°F, hot water pumps shall be programmed to START/STOP sequentially from central operator work station. C. When outside air temperature is 65°F, system three way hot water valve shall be controlled to 75OF and when outside air temperature is 156F., system three way hot water valve shall be controlled to 175°F. The outdoor air reset schedule shall be adjustable from central operator work station. 3.08 WATER CHILLER: Provide and install a Central Plant Controller to provide the following functions: A. Install an outside air temperature sensor. Chiller controls shall be START/STOP from outside air temperature sensor with START at 559F and STOP at 45°F. J B. Install chilled water sensors in each chiller supply and return connections. Also install chilled water sensors in the system supply and return connections. When chiller control is ON with chilled water supply and return temperatures above 60°F, chilled water pumps shall be programmed to START/STOP sequentially from central operator work station. r C. Outdoor air START/STOP schedule shall be adjustable from central operator work station. D. Install a run time sequence from the central operator work station for each chiller (2) and each compressor (2) on each chiller. Automate START/STOP sequence in the Central Plant Controller to run time on each chiller and/or each i compressor can -be equalized. E. Further automate START/STOP sequence so a pump down cycle can be initiated as each compressor and/or chiller is STOPPED. F. Connect to existing chilled water flow meter for logging flow through either chiller. Install a lh bypass valve and connection between supply and return chilled water near the most remote unit. When flow through either chiller reaches its minimum flow rate, open bypass valve to maintain the minimum flow required. 15.02-5 92048 3.09 FAN POWERED VAV TERMINAL: Connect Fan Powered VAV Terminal serving Room 103 (Council Committee Meeting Room) to Air Unit No. 4 air unit controller. Install a space temperature sensor for monitoring temperature in the space with High and Low limit and Alarm signal to central operator work station. 3.10 ATRIUM UNOCCUPIED TEMPERATURE SETBACK: Connect atrium unoccupied temperature setback to Boiler and Chiller Plant Controllers. Install a space temperature sensor for monitoring the Atrium space in the building with High ad Low limit and Alarm signal to central.operator work station. Temperature sensor shall START/STOP Boiler or Chiller and/or designed AHU for operation during unoccupied periods as scheduled by central operator work station. 3.11 GENERAL NOTES: All programs for START -STOP shall be adjustable. All control cycles and their temperatures shall be adjustable. Any existing thermostats, controllers and control cycles that meet the above requirements may be reused following any required adjustment or repair. Owner reserves the right to claim all control components replaced with new equipment. 3.12 TRAINING: Temperature regulation manufacturer Contractor shall provide factory authorized training to City of Lubbock representative on all temperature control devices and completed system. A minimum of two eight hour days of training at the project site shall be provided for City of Lubbock representative at a time scheduled at least one week in advance. 3.13 CLEAN COOLING COILS: During the modification of AHU coil chilled water piping to convert the 3-way valves to two-way operation; Contractor shall thoroughly flush AHU cooling coils to remove internal debris. Contractor shall also apply external coil cleaning solution and wash to remove lint and external material. 3.14 GUARANTEE: Temperature regulation manufacturer Contractor shall each guarantee DDC control system shall be capable of maintaining conditions ,of 75OF t 1°F and/or 50% RH t 5% RH in City Council Chambers and other critical occupied spaces. Also DDC control system shall be able to operate these systems as specified with data logging of trends for all DDC devices in minute, hour and day sequences to site or remote locations through modem in Lubbock, TX 3.15 WARRANTY: All temperature control devices, including material and labor shall be warranted for a period of one year from date of written acceptance of completed system after completion report. A. 4 hour response time will be required during warranty period. END OF SECTION 15.02-6 92048 r r DIVISION 16: ELECTRICAL I SECTION 16.01: ELECTRICAL PART I - GENERAL 1.01 KOTE: Conform with applicable provisions of the General Conditions. 1.02 SUBMITTALS: Submit manufacturer's data on all materials. 1.03 SCOPE: The work shall include furnishing and installing all electrical work, including final connections to all devices and placing them in service. Under Alternate No. 1 connect variable frequency drives to fan motors on AHU NO. 1 (25 HP) and AHU NO. 2 (15 HP). Temperature Regulation Manufacturer Contractor will furnish all equipment and wiring drawings for installation of upgrade of Temperature Regulation and Energy Management system. He will also include installation of conduit and wiring for the work. 1.04 ELECTRIC SERVICE: Existing power supply will remain. 1.05 METERING: Existing meter will remain. PART II - PRODUCTS 2.01 CONDUITS A. 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. B. 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. C. 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. 2.02 CONDUIT FITTINGS A. 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. B. 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 or indent connectors will not be allowed. C. 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. 2.03 WIREWAYS A. 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. 2.04 OUTLET BOXES A. UL listed of sizes and types specified. B. Sheet Steel Boxes: Sheet steel not lighter than No. 14 gauge, galvanized after fabrication; Raco, Steel City or Appleton. C. Cast Metal Boxes: Cast iron or cast alloy with threaded hubs; Crouse -Hinds, Appleton or Pyle National. 16.01-1 92048 2.05 PULL BOXES AND JUNCTION BOXES A. Sheet steel, galvanized inside and outside, with galvanized covers. B. Small Boxes: For boxes where the volume required is not over 100 cubic inches, use standard outlet boxes. 2.06 CONDUCTORS (600 VOLTS AND UNDER) A. 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, Anaconda or Simplex. No. 6 and larger shall be stranded; No. 10 and smaller shall be solid. B. Insulation: Branch circuits shall have type TW, TRW, or RHW insulation unless the type is specifically designated or specified. 2.07 JOINTS AND SPLICES A. Stranded Copper Conductors: UL approved solderless bolted pressure connectors or Thomas and Betts Series 54000 compression connectors. All connectors shall be of proper sizes to match conductor sizes. All compression connectors shall be applied with properly sized dies and tools. Split -bolt connectors are not acceptable. B. Solid Copper Conductors: UL approved electrical spring connectors of "Scotchlok", Ideal or T & B "Piggy" make. All connectors shall be of proper sizes to match conductor sizes. 2.08 COLOR CODING A. Use standardized color -coding of conductors throughout. All color coding shall be continuous for the entire length of the Conductors, and shall be permanent and readily distinguished after installation. In cases where the specified colors of insulated wire and cable are unavailable, such conductors shall be color -coded, as specified above, by means of Brady, or equivalentp slip-on colored plastic sleeves or plastic tape at all,pull" boxes, support boxes, outlet boxes, panelboards and other terminal and splicingpoints. B. Neutral conductors shall be 'white or natural grey. Grounding conductors shall be green, or green with one or more yellow stripes. 2.09 PANELBOARDS: Use existing. 2.10 DISCONNECT SWITCHES: Use existing. 2.11 USES: use existing. PART III - EXECUTION 3.01 INSTALLATION OF RACEWAYS A. All wiring of every description shall be run in conduit or 7 electrical metallic tubing unless noted or specified otherwise. Conduits may be run exposed in machinery 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. B. 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 pipe is crushed, deformed or otherwise injured. C. Connections: Use lengths of liquidtight flexible metal conduit, not less than 12" long at final connections to all motors, 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. — 16.01-2 92048 D. Around Heat Producing Equipment: Do not install raceways within 3" of hot water pipes, except where crossings are unavoidable, and then keep raceways at least 1" from insulation on the pipe, crossed. E. Damp or Wet Locations: In damp or wet locations make every effort �... to avoid installing raceways in a manner which Vill create moisture traps. Where they must be so installed, seal both ends of raceways c- with an approved sealing compound to prevent "breathing" and moisture condensation within the raceways. r, F. Joining Rigid Conduits: Join with threaded couplings. Ream out all conduit ends after threading. Secure rigid conduits at panel boxes, junction boxes, pull boxes, support boxes, or sheet metal outlet boxes by galvanized locknuts, inside and outside, with insulating bushing inside. G. Joining EMT: Join electrical metallic tubing with steel compression couplings. H. Protection of Raceways: Seal ends of all raceways with blank discs ("pennies"), push pennies or other approved closers during construction. Swab out all raceways before pulling in conductors. 3.02 CONDUIT SUPPORTS A. Support spacing: Use minimum spacing as directed by National Electrical Code, but space hangers more closely where required by conditions. B. 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. 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. C. Multiple Conduits: Where multiple raceways are run horizontally at the same elevations, they may 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. 3.03 INSTALLATION OF OUTLET BOXES A. Usage: Provide at each outlet or device of whatever character a metal outlet box in which conduits shall terminate. B. Boxes recessed in construction: Sheet steel boxes. C. Boxes for Exposed Work: Cast metal boxes. D. Boxes for Outdoors: Cast metal boxes with gasketed covers. r 3.04 INSTALLATION OF PULL AND JUNCTION BOXES A. Sizing: Size all pull and junction boxes in accordance with NEC, !� using larger sizes than required by code where job conditions so indicate. B. Mounting: Fasten all boxes securely to the building construction, independent of conduit systems. On concealed conduit systems where i^ boxes are not otherwise accessible, set box covers flush with finished surfaces for access. 3.05 WIRE PULLING �- A. Wire Pulling: 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 r� '4 16.01-3 92046 completed. Use an Underwriters' listed cable pulling compound where — necessary. B. 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 bearing complete information as to the purpose of the raceway and the location of its other end. 3.06 INSTALLATION _OFBUILDING WIRE (600 VOLTS AND UNDER A. Branch Circuits: Not more than one power or control circuit shall be installed in a single conduit, except that one 3-wire circuit or one 4-wire circuit consisting of 2 different phase wires and a common neutral or 3 different phase wires and a common neutral may be installed in a single conduit. This provision shall not prohibit the installation in a single conduit of all conductors of a circuit with three- and four-way switching. — B. Sizes: No wire shall be smaller than No. 12 except for signal or control circuits. C. 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. D. Identifying Tags: Non-ferrous; stamped to clearly identify each circuit. Securely fasten tags to all cables in pull boxes, power and distribution panelboards, etc. E. Bundling Conductors: Bundle all conductors in panelboards, cabinets and the like, using marlin twine lacing or nylon straps made for the purpose. Bundle conductors larger than No. 10 in individual circuits. Bundle smaller conductors in larger groups. 3.07 EQUIPMENT GROUNDING A. Provide adequate and permanent equipment grounding in accordance with the National Electrical Code, and subject to the following additional requirements. — B, Size grounding conductors in accordance with National Electrical Code Tables 250-94 and 250-95. 3.08 GROUNDING RACEWAYS A. Assure the electrical continuity of all metallic raceway systems, pulling up all conduits and/or locknuts wrench tight. Where liquidtight flexible metallic conduit is employed, provide a green -insulated grounding jumper installed in the flexible conduit. B. Provide grounding bushings on all raceways terminating within panelboards, cabinets, and all other enclosures. Provide grounding conductors from such bushings to the frame of the enclosure and to the equipment grounding strap. Size grounding conductors in accordance with NEC Table 250-95. 3.09 AIR DUCT IONIZATION SMOKE DETECTOR A. Air duct smoke detectors shall be a Simplex Model 4262-18 — ionization detector mounted in a Simplex DC-4 duct housing with sampling tubes. The units shall be listed by Underwriters Laboratories, Inc. B. Detectors shall be mounted in air unit returninletor return inlet and outlet to meet City of Lubbock Fire Code. 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It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be re- tained by the City of Lubbock. CITY OF LUBBOCK Owners Representative 45