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Home My WebLink AboutResolution - 4625 - Contract-Bruce Thornton Air Conditioning Inc-LMCC Plate To Frame Heat Exchange - 10_13_1994Resolution No. 4625 October 13, 1994 Item #23 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 and all related documents by and between the City of Lubbock and Bruce Thornton Air Conditioning, Inc., of Lubbock, Texas, to furnish and install all materials as bid for the Lubbock Memorial Civic Center Plate to Frame Heat Exchanger, which contract is attached hereto, 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: Betty A Pohnson, 6City Secretary APPROVED AS TO CONTENT: 13th day of October 1994. J, Victor Purchasing Manager Ili; Assistant City Attorney DOVApK}:lxdo V MCCUtes Odoba a, t99a CITY OF LUBBOCK SPECIFICATIONS FOR CIVIC CENTER PLATE TO FRAME HEAT EXCHANGER BID #13046 Emma .0.0 CITY OF LUBBOCK Lubbock, Texas 6 L Office of jp Purchasing � City of Lubbock P.O. Box 2000 Lubbock, Texas 7J457 606-767-2167 MAILED TO VENDOR: August 23,1994 CLOSE DATE: September 15,1994 at 2:00 p.m. BID #13046 - CIVIC CENTER PLATE TO FRAME HEAT EXCHANGER ADDENDUM #1 Please modify or amend Contract Documents as follows: 1. General Conditions of the Agreement: Paragraph 28 - Contractor's Insurance; Item F: I The attached two (2) sheets are hereby incorporated into,and become part of the aforementioned section of the contract documents for this project. All requests for additional information or clarification concerning this bid should be submitted in writing and directed to Ron Shuffield, Senior Buyer. PLEASE RETURN ONE COPY WITH YOUR BID 7 7 THANK Y U, Wnhuff Senior Buyer r �•. WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (f1VCC-81, TWCC-82. TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees �+ providing services on a project, for the duration of the project. k I Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed at 4 accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employee This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such n as food/beverage vendors, office supply deliveries, and delivery of portable toilets. Ii 11 B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. ` C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. n D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the I coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. ll F_ The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: r(1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing l coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. rG. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known gof any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all I� persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: f" (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; r(4) obtain from each other person with whom it contracts, and provide to the contractor: t. (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period "shown on the current certificate of coverage ends during the duration of the project; (S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; r (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7). with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees r of the contractor who will provide services on the project will be covered by workers's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subjectthe contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. r l K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the ^— contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ACONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and ($) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Actor other commis- sion rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or _ changes: REQUIRED WORKERS' COMPENSATION COVERAGE 'If he law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation irtsurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the Identity of their employer or status as an employee:' "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive Information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (11) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to, the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (0) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. a+ y CONTRACTOR CHECKLIST r- ACON7RACTORSHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage perio, shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showi coverage for all prrsons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on i current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governments! entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any chanj that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commis- sion rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE 'Ike law requires that each person working on this site or providing services related to (his construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of (he identity of their employer or statur as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information on die legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule: (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period showr on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. r tl l l Wile City of Lubbock P.O. Box 2000 Lubbock, Texes 79457 eO6-767-2167 tl E' l r MAILED TO VENDOR: - CLOSE DATE: Office of Purchasing September 8,1994 September 15,1994 at 2:00 p.m. BID #13046 - CIVIC CENTER PLATE TO FRAME HEAT EXCHANGER ADDENDUM #2 Please modify or amend Contract Documents as per the attached page. All requests for additional information or clarification concerning this bid should be submitted in writing and directed to Ron Shuffield, Senior Buyer. PLEASE RETURN ONE COPY WITH YOUR BID YOUAteld Ron S Senior Buyer r I LUBBOCK MEMORIAL CIVIC CENTER HEAT EXCHANGER INSTALLATION ADDENDA J�,: SCHEDULES ANCE HOT SIDE COLD SIDE UNITS IRCULATED F WATER WATER TOTAL FLOW RATE 1000.00 1566.00 GPM INLET TEMPERATURE 55.00 48.00 "DEG" F OUTLET TEMPERATURE 50.00 51.19 "DEG" F PRESSURE DROP 7.03 16.56 PSI HEAT EXCHANGED *********2508388.0********* BTU/HR. UNIT CONSTRUCTION HOT SIDE UNITS DESIGN PRESSURE 125 PSIG TEST PRESSURE 188 PSIG DESIGN TEMPERATURE j 150 "DEG" F NOZZLE SPECS. WATER/DIRECTION SIZE LOCATION 1 H/1 8"—STR LOCATION 2 C/0 8"—STR LOCATION 3 H/O 8"—STIR LOCATION 4 C/I 8"—STR MATERIALS PLATES 304 SS GASKETS N8R FRAME CS EPDXY PAINTED BARS CS (UPPER STAINLESS STEEL CLAD) BOLTS CD/ZN PLATED CS CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: CIVIC CENTER PLATE TO FRAME HEAT EXCHANGER ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13046 PROJECT NUMBER: 9942.9226 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID PROPOSAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITIONS NOTICE OF ACCEPTANCE F NOTICE TO BIDDERS r r NOTICE TO BIDDERS BID #13046 Sealed bids addressed to Ron Shuffield, 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 15th day of September,1994, 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: CIVIC CENTER PLATE TO FRAME HEAT EXCHANGER After the expiration of the time and date above first written, said sealed bids 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 22nd day of September, 1994, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive arty formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Ratine of B or ggperior, 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 $25,000.00 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 r 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 may 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. C r 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 8th day of September, 1994, at 10:00 o'clock a.m., in the Personnel 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. C OF L K RON SHUFFIELD SENIOR BUYER ADVERTISEMENT FOR BIDS BID #13046 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 "an. on the 15th day of September,1994, 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: CIVIC CENTER PLATE TO FRAME HEAT EXCHANGER After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. low 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 F:+ 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 the 8th day of September, 1994, at 10:00 a.m., in the Personnel 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. r- r GENERAL INSTRUCTIONS TO BIDDERS r P GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this ,.. project in accordance with contract documents for the Civic Center Plate to Frame Heat Exchanger. 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. 3. 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. 4. TITAE AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (Sirty) calendar 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. S. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. 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. 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 protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. r 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work; and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 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 directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the 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 to 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 materials to be incorporated into the work without paying the tax at the time of purchase. 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 construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost r" I and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. r" i 14. EXPLOSIVES pm� The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all rases 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 all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 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 shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The 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 thereunder. The inclusion of the schedule of general prevailing rate of per diem 6 wages in these contract documents does not release the Contractor from compliance with any wage law that may be ,.. applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays e 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 deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 20. 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, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 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. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. PW I.J BID PROPOSAL Ago, BID PROPOSAL LUMP SUM PROPOSAL CONTRACT PLACE: DATE: PROJECT NUMBER: 13046 - CIVIC CENTER PLATE TO FRAME HEAT EXCHANGER Proposal of ) e D � 2 �/ CO n %C (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: L / The Bidder, in compliance with your invitation for bids for the construction of a X C— { ? /4 /C Q C A— c7 �— C / Lam / C. Ce-- It.�-- 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 materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: (S ) SERVICES: ($ ) TOTAL BID: (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SEKM calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of S100.00 (ONE HUNDRED DOLLARS) for each 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 instruction 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. J The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the 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. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the sum of 5 f� a Dollars which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) ATTEST: � If Secretary ,F E Contractor, BY:��-.— A.I.A. Document No. A-310 (February 1970 Ed.) Wausau Any correspondence in relation to this -'` - bond should be directed to: y Insurance BOND DEFT _ QJAUSAU INSURANCE COMPANIES Companies Po BOX 17 WAUSAU OWI 54402-9017 A Mamber of the NationwidaOGroup I� Bid Bond { KNOW ALL MEN BY THESE PRESENTS, that we, BRUCE THORNTON AIR CONDITIONING, INC. as Principal, hereinafter called the Principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized under the laws of the State of Wisconsin as Surety, hereinafter called the Surety are held and firmly bound unto CITY OF LUBBOCK as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID------------------------ Dollars($ -------yy______;> 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 CIVIC CENTER PLATE HEAT EXCHANGER 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. l Signed and sealed this 15TH day of SEPTEMRER A.D. 19 94 op Wimeas r i r )bleat BRUCE THORNTON AIR COND TTONTNC—Ig-__ Principal (seal) TWO EMPLOYERS INSURANCE OF WAUSAU A Mutual Company S (Sea!) By GCl��1U MARLA ILL Awracy-in-Fact SCO023 .- 03-92 EMMMS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY (FOR BID BONDS ONLY) KNOW ALL MEN BY THESE PRESENTS: r• That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under f the laws of the State of Wisconsin. and having its principal office in the City of Wausau. County of Marathon. State of Wisconsin. has made, constituted and appointed, and does by thesepresents make. constitute and appoint KEVIN J. DUNN, HOWARD COWAN, MARLA HILL its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name. place and stead, to execute. seal, acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUARAN- TEES OR IN THE NATURE THEREAFTER ____________________________________________ f ado bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 1973. which resolution is still in effect: "RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A i Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be. and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:' r "FURTHER RESOLVED, thatthe signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached" IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day of MAY 1g 94 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company ff �;a ,• t D 1„ ;SEA i{f By JZitL^ J. Stephen Ryan Y" Vice Ptt:sident 7 Attest: R. J. Besteman Assistant Secretary STATE OF WISCONSIN ) ) as. COUNTY OF MARATHON ) On this 1 ST day of MAY 19 94 . before the personally came J. Stephen Ryan to me known, who being by me duly sworn, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. rIN WITNESS WHEREOF. 1 have hereunto set my hand and affixed my official seal the day and year herein first above written. Q L<X�� P• Patricia A. Kiernan Notary Public + NOTARY PUBLIC.,, STATE OF WISCONSIN MY COMMISSION COMMISSION EXPIRES MAY 29, 1994 STATE OF WISCONSIN ) CERTIFICATE •„f CITY OF WAUSAU ) as. COUNTY OF MARATHON ) I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDAT- ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau, Marathon County, State of Wiscon in, this 15TH day r of SEPTE14BER 1994. %_�•. j R. J. Besternan Assistant Secretary :SEAL NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, CALL TOLL FREE (800) 826-1661. (IN WISCONSIN. CALL (800) 472-0041) 7 815-4222-1 1092 �0* PAYMENT BOND P" i,: PO a6-4 -/� 0, /65b OS /31aCLS F y F F, 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 KNOW ALL MEN BY THESE PRESENTS, thattkit ia �. QLZ (lrn/JiftL7t� w, hereinafter called the Principal(s), as Principal(s), and (hereinafter ca�ed the Suretyma (s), a�� held nd�firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount o � "{ 7u- �` Dollars (S 9& 0� lawful money of the United States for the payment whereof, the gaia Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the P ''ncipal has entered into a certain written contract with the Obligee, dated the I3 day of (W-ka �.i 1_ 19�4 . to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised 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. IN WITNESS VIIJEREOF, the said Principal (s) and Surety (s) have signed and sealed this instnunent this day of ? 19 q ✓�f(�� tMdO.K4c-: i�cuCt �%i�-C��GI�t hit Surety / _" j / Principal *By: KEYIffJ. DUNN A7PlIN FACT BOND CHECK /J BEST RATING /� LICENSED IN TEXAS , DATE 1' 4H BY By6; ` (Title) By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates 4-iflVIAR D COW ANn agent resident in Lubbock County to whom any requisite notices may be delivered and on whom servi of process may be had in matters arising out of such suretyship. Approved as to form: ;zlol City of y: ity Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. No. 216-185-0 0 0 0 7 EMKOYMS INSURANCE OF WAUW A Mutual Company POWER OF ATTORNEY KNOW AIL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and ap ointed, and does b thesepresents make, constitute and appoint KEVIN .)p. DUNN, HOWARD COWAN, MARLA HILL its true and lawful attorney -in fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS ($10,000,000) and to hind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with i the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 197:1, which resolution is still in effect: _ "RESOLV F:I). that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF - WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A - Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, I and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach i 1 thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:' -F'URTH ER RESOLVEI), that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding l = upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached:' �* IN WITNESS WHEREOF. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be _ signed byicepresident and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day of 1 l MMAA 19 EMPLOYERS INSURANCE OFWAUSAUA Mutual Company ,SEaIJ+' By J. Stephen Ryan Via President Attest: E I � R. J. 11steman Assistant Secretary STATE OF WISCONSIN ) ss. COUNTY OF MARATHON ) _ On this 1ST day of MAY . 1994 before me personally came = J. Stephen Ryan to me known, who being by me duly sworn, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, We corporation described in and which i — executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above written. tl. Q, l�t�►-,-t.a,t.. Patricia A. Kiernan Notary Public NOTARY PUBLIC ;; ..,... 1 STATE OF WAUSAU WISCONSIN STATE OF WISCONSIN CITY OF WA ) MY COMMISSION EXPIRES MAY 29, 1994 ► ss. COUNTY OF MARATHON ) CERTIFICATE, 1, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK. remains in full force and has " not been revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau, Marathon County. State of Wisconsin, this 20TH day of 0CTOBER 1g 94 is R. J. Besteman Assistant Secretary r' NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF A17ORNVY. CALL TOLL FREE: (SIN)) 826.1661. (IN WISCONSIN. CALL (SOO) 472-0041). r- wi PERFORMANCE BOND n n 71 2cndLPo - /bsm os /3Aa6 7 r 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 at KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called LArIncipal.(s), as Principal(s), and j (hereinafter caller the Surety() s Surety, the amount o payment whereof, Ithe sHid Principal and Sure jointly and severally, firmly by these presents. I b a d rmly bound unto the City of Lubbock (hereinafter Called th&Obligee), in - ollars (SSU1 lawful money of the United States for the bind themselves, and th it heirs, administrators, executors, successors and assigns, WI EREAS, the Princi l has entered into a certain written contract with the Obligee, dated the�3� of ��r t' ,,)A l� to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised 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. fN WITNESS WHERE F, the said Principal (s) and Surety (s) have signed and sealed this instrument thiP y of s 19W 24L Ax ,46rety Princi a1 , « By. (Title) KEVIN J UNN i TY IN Fr;Lj BOND CHECK �(T`��"�``r�' BEST RATING . By: LICENSED IN TEXAS (Title) DATE BY By: (Title) r r r� The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates H OWARD COWANn agent resident in Lubbock County to whom any requisite notic�m maybe delivered d on whom servic of process may be had in matters arising out of such suretyship. �''' � yl,Qt.v1 L-'LCC d • SAY �. By: tie) K UCn�nUApproved as to form: A iN r City of k f e YY ity Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 1 �1 ;i kl. is 'T CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 10/20/94 PRODUCER 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE THE INWEST GROUP, INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 6 DESTA DRIVE, SUITE 5550 1 POLICIES BELOW. MIDLAND, TEXAS 79705 COMPANIES AFFORDING COVERAGE COMPANY A LETTER UNITED STATES FIRE INS. CO. COMPANY B INSURED LETTER HIGHLAND UNDERWRITERS INS. CO. BRUCE THORNTON AIR CONDITIONING, INC. COMPANY C 128 SLATON ROAD LETTER UNITED STATES FIRE INS. CO. LUBBOCK, TEXAS 79404 COMPANY LETTER D HIGHLAND INSURANCE COMPANY COMPANY LETTER E UNITED STATES FIRE INS. CO. COVERAGES f 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/DD/YY) DATE (MM/DD/YY) A GENERAL LIABILITY GENERAL AGGREGATE $ 2000000 X COMMERCIAL GENERAL LIABILITY 5031380286 9/23/94 9/23/95 PRODUCTS-COMP/OPAGG. S 1000000 CLAIMS MADE X OCCUR. PERSONAL 3 ADV. INJURY $ 1000000 OWNER'S 3 CONTRACTOR'S PROT, EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) S 50000 1. MED. EXPENSE (Any one person) S 5000 AUTOMOBILE LIABILITY BTA114905 9/23/94 9/23/95 LIMTBINEDSINGLE $ 1000000 B X ANY AUTO ALL OWNED AUTOS BODILY INJURY = SCHEDULED AUTOS (Per person) HIRED AUTOS X BODILY INJURY Z X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE S r' C EXCESS LIABILITY 5530173426 9/23/94 9/23/95 EACH OCCURRENCE $ 1000000 UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION X STATUTORY LIMITS D AND BWC230069 9/23/94 9/23/95 EACH ACCIDENT $ 1000000 EMPLOYERS' LIABILITY DISEASE —POLICY LIMIT $ 1000000 DISEASE —EACH EMPLOYEE $ 1000000 OTHER E INSTALLATION 321076274 9/23/94 9/23/95 PER PROJECT $ 00000 FLOATER DISASTER $3000000 TRANSIT $ 250000 l I DESCRIPTION OF OPERATIO NS/LOCATI0NSlVENICLES/SPECIAL ITEMS RE: CITY OF LUBBOCK - BID #13046 - CIVIC CENTER PLATE TO FRAME HEAT EXCHANGER ADDITIONAL INSURED IN FAVOR OF CITY OF LUBBOCK CERTIFICATE HOLDER CANCELLATION CITY OF LUBBOCK 11 P. 0. BOX 2000 LUBBOCK, TEXAS Fl. I � ACORD 25-S (7190) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 79457 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, ITStIENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CA -CORD CORPORATION 1991 � AC50190. CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) I! 10/20/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND THE INWEST GROUP, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ""'T DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE t � 6 DESTA DRIVE, SUITE 5550 POLICIES BELOW. 11 MIDLAND, TEXAS 79705 COMPANIES AFFORDING COVERAGE COMPANY A t ` LETTER UNITED STATES FIRE INS. CO. COMPANY B INSURED LETTER BRUCE THORNTON AIR CONDITIONING, INC. COMPANY C LETTER 128 SLATON ROAD � LUBBOCK, TEXAS 79404 COMPANY LETTER D COMPANY E LETTER COVERAGES l 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. i CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DDlYY) t, GENERAL LIABILITY GENERAL AGGREGATE $ 5000000 A f X COMMERCIAL GENERAL LIABILITY FORTHCOMING 10/20/94 10/20/95 PRODUCTS-COMP/OPAGG. S CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ X OWNER'S 3 CONTRACTOR'S PROT. EACH OCCURRENCE $ 71 FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE UABILITY COMBINED SINGLE = ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY i NON -OWNED AUTOS (Per accident) GARAGE Y LIABILIT ' PROPERTY DAMAGE i EXCESS LIABILITY EACH OCCURRENCE $ I, UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT 5 AND DISEASE —POLICY LIMIT t EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ R'* OTHER NAMED INSURED: CITY OF LUBBOCK P. 0. BOX 2000 LUBBOCK, TEXAS 79453 PW i L, DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS RE: CITY OF LUBBOCK - BID #13046 - CIVIC CENTER PLATE TO FRAME HEAT EXCHANGER CERTIFICATE HOLDER CANCELLATION CITY OF LUBBOCK P. 0. BOX 2000 LUBBOCK, TEXAS r i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1D-- DAYS WRITTEN NOTICE TO THE CERTIFICATE HQL�IAMED TO THE 79457 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAL MPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE MPANY, ITS REPRESENTATIVES. AUTHORIZED REPRESENTATIVE . ` R ACORD 25-S (7190) CACORD CORPORATION 199[ IMPORTANT NOTICE To_ obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: ^' f 1-800-252-3439 You may write the Texas Department of Insurance: ` P.O. Box 149104 Austin, TX 78714-9104 FAX # (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, may contact the Texas Department of Insurance. you ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 1. 1 iI 1 7 No Text F FCONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of October, 1994, by and between the City of Lubbock, County ir of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and BRUCE THORNTON AIR CONDITIONING, INC. of the City of Lubbock, County of Lubbockand the State of Texas, hereinafter termed CONTRACTOR A i 7 i ,1 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 #13046 - CVIC CENTER PLATE TO FRAME HEAT EXCHANGER FOR $47,685.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. �--� r ATTEST: I Ass+. Corporate 14cr4lary I Tr.- .s k,,-te- BRUCE THORNTON AIR CONDITIONING, INC. TITLE: COMPLETE ADDRESS: 128 Slaton Road Lubbock, Texas 79404-5306 GENERAL CONDITIONS OF THE AGREEMENT r� v GENERAL CONDITIONS OF THE AGREEMENT i' 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: BRUCE THORNTON AIR CONDMONING. INC. who has agreed to perform the work embraced in this contract, or to his or their legal representative. K, 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to FREDDY CHAVEZ, OPERATIONS AND ENGINEERING SUPERINTENDENT. City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect C 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's 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. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable:," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. a 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. F }r4 I F 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 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 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 stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative 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 Representatives'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 30 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 direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom 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 relative 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 Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 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 shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all rrisk 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 nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way 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 disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever 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 ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether owner's 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 Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. P— 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 Representative, be uncovered for r- observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or 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 r" 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 unsuitable 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 rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at r- 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 basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. r. 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 r Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. r" It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or r" Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. r-� In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and 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 matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 1001/c, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost ,thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 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 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 request 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. If, at any time, the working force of the Contractor is inadequate for securing the progress herein speed, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. r" i Fmo 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 r 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, •- indemnify 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 sustained 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 r„ 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 subcontractor 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 progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) r.. 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 and or property damage, $500.000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned 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 the total contract price naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of 1,000,000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and priviliges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALN EN. 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 shall fail to pay and discharge any such indebtedness within five (5) days after �.,. demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, 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. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. 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 on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, i" 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. i 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, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. 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. 34. 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 on 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 consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (One Hundred) PER DAY, not as a penalty, but as liquidated damages 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 completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, 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 contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute 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 contract, 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 several parts. f ,f 71 36. 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 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, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension 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 receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. 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. 37. 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 incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other r, 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 offered for the work. It is understood and agreed that the actual amount of word; to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any r 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 performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly I performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials 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 percentage due Contractor. 43. 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 inspect the work and within said time, if the work be found to be completed or substantially completed in accordance 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. 44. 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 before the 31 st 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 contract; 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 conditions (if any) of this contract or required in the specifications made a part of this contract. 45. 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 Contractor 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. 46. 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 appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. 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 materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. 1 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 r. 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 i 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 otherwise in the contract documents. 49. 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 select 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 decision 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 either 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 arbiters, 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 w 004 QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, 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 arbiters 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 writing and shall not be open to objection on account of the form of proceedings or award. 50. 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 orders 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 equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In 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 supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by _virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or 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 newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contram 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 Owner's Representative as being correct shall then be prepared and I C� delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case maybe, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. 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 (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 51. 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 r 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 incorporated 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 Contractor 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 sum to cover the cost of any provisions made by the Contractor 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 shall 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. 52. 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 statutory 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 further agreed that this contract shall not be in effect until such bonds are so furnished. 53. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 54. LOSSES FROM NATURAL CAUSES 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 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. 55. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority 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 observe 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 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. 56. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the _ completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order,and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. CURRENT WAGE DETERMINATIONS • �; Resolution 7#2502 • January 8, 1987 Agenda Item #18 r f DGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general r" 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 r-� 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 wages; 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 Ranett6�,Boyd, City Secretary APPROVED T OI ,TENT: Bi 1 P,yne, Director of Building Services 8th day of January 1987. B.C. McMINN, MAYOR APPROVED AS TO FORM: DoWild 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 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 rA Hourly Rate $5.25 4.75 7.35 4.75 I0.50 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 511.00 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.l 1/2 times base rate. 10 7 7: Pk 7 it SPECIFICATIONS HEAT E X C H A N G E I N S T A L L AT I O N CITY OF L U BBOC K, TEXAS 93M FANNING, FANNING AND ASSOCIATES, INC. 2555 74TH STREET, LUBBOCK, TX TEL 806-745-2533 FAX 806-745-3596 r r E SECTION 15A PIPING AND ACCESSORIES PART I - GENERAL NOTE: Conform with applicable provisions of the General Conditions. SUBMITTALS: Submit manufacturer's data on all materials. SCOPE• This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the piping and accessories as shown on the drawings and/or specified herein. INSPECTION• All pipe, valves, fittings, and other accessories shall be inspected upon delivery and during the course of the work. Any defective materials found during field inspection or during hydrostatic and leakage tests shall be removed from the site of the work and replaced by the Contractor. PROTECTION DURING STORAGE: The interior of all pipe, fittings, and other accessories shall be kept free from dirt and foreign matter at all times. Valves and fittings shall be drained and stored in a manner that will protect them from damage by freezing. PART II - PRODUCTS MATERIALS• All materials shall be manufactured or fabricated in the United States of America. Materials shall conform to the listed standards. Refer to specific sections for materials to be used under that section. The following tabulation is for reference only to identify the applicable standard. Copper Tubing Wrought Copper Solder Fittings Cast Bronze Solder Fittings 93048 15A-1 ASTM B88 ANSI B16.22 ANSI B16.18 Steel Pipe ASTM A120, A53, A106 Butt Weld Fittings ANSI B16.9 Steel Flanges ANSI B16.5 Flange Bolt, Sets ASME Pressure Piping Unions in Ferrous Lines: 150 pound malleable iron, screwed pattern, ground joint with brass to iron seat; equal to Crane. Insulating Fittings: Equal to Maloney. Unions in Copper or Brass Lines: 125 pound all brass, screwed pattern, ground joint, equal to Chase, Crane or Mueller. Mechanical Couplings: Victaulic Style 77 Butterfly Valves: Ductile iron body, flanged or with drilled and tapped lugs, bronze discs, stainless steel shafts with bronze bushings, resilient EPDM seats and O-rings, "Bubble Tight" shut-off at 150 psi pressure. On valves 6" and larger, provide geared operators. Norris, Keystone, Center Line, Demco or Crane valves are acceptable. Where valves are installed in insulated lines, provide extended stems so that the handle will clear the insulation and jacket. Ball Valves: Bronze threaded body, chrome plated full port bronze ball, teflon seats and O-rings, bronze shafts, and infinite position handle with memory stops. Valve shall be three piece break away for in -line service. Apollo, Crane, Jamesbury and Stockham are acceptable. Ring type two piece ball valves are not acceptable. Where valves are installed in insulated lines, provide extended stems to clear the insulation and jacket. GAUGE COCKS AND GAUGES: Where gauge connections are installed in insulated lines, install a ConBraCo No. 41-380 T-handle gauge cock on a nipple of sufficient length that the cock handle will be free of the pipe insulation, and position each cock in relation to surrounding piping and equipment so that the gauge may be easily read, and so that a gauge having a 6" diameter dial can be screwed into and out of the cock. Pressure Gauges: Phosphor bronze, seamless Bourdon spring type with phosphor bronze bushed rotary movement and link; 4-1/2" dial, nickel plated ring, free standing cast aluminum case; equipped with micrometer adjustment pointer. Furnish each gauge with scale range suitable for the duty. Water Pressure Gauges: Equal to Weksler No. BA14-I with cast aluminum case; Weksler, Weiss, and Trerice acceptable. 15A-2 93048 J- rt PART III - EXECUTION INSTALLATION OF PIPING SYSTEMS i Install runs of piping essentially as indicated on the drawings and/or as,required. The location, direction and size of the FI various lines are indicated on the drawings. Make up all systems straight and true and properly graded for correct flow of contained materials and to provide drainage. Cut pipes accurately to measurements established at the building and work into place without forcing or springing. Except as required r- for specified grading, run all piping above ground parallel with { the lines of the building. t. Make all changes in pipe sizes with reducing fittings. Use'no long screws or bushings. Install and support piping systems with loops, bends, expansion joints and/or flexible connectors as required for flexibility,to accommodate expansion and contraction of piping due to temperature changes in the contained fluids -and in the surrounding space, and to minimize the transmission of vibration .I to the building structure. Provide unions also in welded lines at connections to equipment where flanges are not provided. Provide insulating unions where F ferrous material joins non-ferrous material. r In piping systems assembled by welding, use factory -fabricated weldina fittings of the same material and the same schedule or weight as the piping in which they are installed, except that branches or take -offs of sizes not exceeding 2/3 of the nominal diameter of the mains may be made with Bonney Weldolets or Thredolets. Mitering of pipe to form elbows, notching of straight runs to form tees, and any similar construction will not be permitted. In general, use listed materials in fabricating the various piping systems. The method of assembly may be varied only to meet special conditions where it is impossible to comply with the specified method of joining piping. Where special classes of piping are involved and are not listed, request exact instructions as to the class of material' involved and the method of fabricating it before ordering materials. FABRICATION OF PIPE JOINTS: Welded Joints: Make all welded joints b process. Use base material conforming t pipe ASTM A106 and ASTM A53. Use filler 93048 15A-3 y the metallic arc o ANSI B31.1 for welded material conforming to ASTM A233 and in accordance with ANSI B31.1. Machine the ends.of the material to be joined or gas cut. Make the cut smooth in order that good fit can be made and . -a full penetration weld made. Use direct current for welding with the electrode positive. Limit the depth of deposit to 1/8" per pass. Remove all slag or flux remaining on arty bead of welding before laying down the next successive bead of welding. Remove any cracks or blow holes `that appear on the surface of any bead of welding by chipping or grinding before depositing the next successive bead of welding. Test and qualify all welders in the horizontal fixed and vertical fixed positions in accordance with'AWS Code. Stamp or otherwise identify each welded joint with the assigned number, letter or symbol of the welder making the joint.` All field welding will be subject to inspection by a testing laboratory's inspection (to be selected by the Engineer and paid for by the Owner). The expense of qualifying welders shall be borne by the Contractor. Mechanical Couplings:. Mechanical couplings and fittings shall be used to connect mechanical equipment.and piping systems where specified. Couplings shall be equal to Victaulic Style 77 with housing fabricated in two or more parts of malleable iron castings, in'accordance`with Federal Specification AA-1-666C Grade 11. Couplings gasket shall be equal to_Victaulic Grade "H" molded synthetic rubber, per ASTM D-735-61, Grade No. R615BZ. Coupling bolts shall be oval neck track head type with hexagonal heavy nuts, per ASTM-A-183-60. All pipe fittings used with couplings shall be fabricated of malleable iron castings in accordance with Federal,Specification QQ-1-66C Grade 11. Where malleable fitting pattern is not available, fittings fabricated from Schedule 40 steel pipe or standard wall seamless welding fittings with grooved ends may be used. Before assembly of couplings,' lightly coat pipe ends and.outside of gaskets with cup grease or graphite paste to facilitate installation. Pipe grooving shall be in accordance with the manufacturer's specifications contained in the latest published literature. Flanged Joints: Flanged joints shall be made using bolts and gaskets as specified. Faces of the flanges shall be cleaned of all'dirt,'rust or other foreign matter. The pipe, valve, or fitting shall be properly aligned and free to move while bolting, and the bolts shall be gradually tightened at a uniform rate around the entire flange. No strain shall be put on the flanges in making up the joint 15A-4 93048 REPAIR OF LEAKS: All leaks in piping systems shall be corrected as follows: 1. Repair leaks in solder joints by remaking the joint; no a soldering or brazing over existing joints will be permitted. 2. Repair leaks in welded joints by removing the defective weld completely through the base metal and grind smooth. Re -weld, G; accomplishing 100% penetration of the base metal. The repair weld should in no case be less than 4" in length. When any defect is repaired, retest that section of the system. HANDLING OF MATERIAL: Hauling: All materials furnished by the Contractor shall be delivered and distributed at the site by the Contractor. Loading and Unloading: Pipe, fittings, valves, and accessories shall be loaded or unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. Each piece shall be unloaded opposite or near the place where it is to be installed. No material shall be unloaded where it will block any road, drive, building entrance, or walkway or where it will be a hazard to safe vehicular or pedestrian traffic. Care of Pipe Coating and Lining: Pipe shall be so handled that the coating and lining shall not be damaged. If, however, any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense. If satisfactory repair cannot be made, the Contractor shall replace the damaged pipe. ALIGNMENT AND GRADES: General: All pipe shall be laid and maintained to the required lines and grades with fittings, valves, at the required locations; and all valve stems plumb. All pipe shall be installed straight and true to line. Deviations Occasioned by Other Structures: Whenever obstructions not shown on the plans are encountered during the progress of the work, the lines and/or grades shall be adjusted so to not interfere with existing obstructions. r� 15A-5 93048 SECTION 15B CHILLED WATER SYSTEMS PART I - GENERAL NOTE: Conform with applicable provisions of the General Conditions. SUBMITTALS• Submit manufacturer's data on all materials. SCOPE• This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the chilled water systems as shown on the drawings and/or specified herein. Install chilled water circulating piping complete and connect to heat exchanger, and other existing equipment. Include drain lines where shown or required. PART II - PRODUCTS MATERIALS: Refer to Section "Piping and Accessories". Chilled Water Lines: Standard weight black steel. Piping shall be assembled by welding. Victaulic couplings may be used on lines at Contractor's option. Drain Lines: Schedule 40 galvanized steel pipe assembled with 150 pound malleable iron, banded pattern, screwed fittings or, at the Contractor's option, may be type L hard copper assembled with wrought copper solder joint fittings. Do not mix the two materials. PART III - EXECUTION INSTALLATION OF SYSTEMS: Lay all water circulating lines on an even slope throughout to insure freedom from air locks and traps. Grade the system downward to the heat exchanger with valved drain connections from the low points to floor drains. Install manual valves where required to segregate individual items of equipment or sections of circulating systems or where indicated on the drawings or required. 15B-1 93048 CLEANING: Fill the new system with a solution consisting of either one pound of caustic soda or three pounds of trisodium phosphate per 100 gallons of water. Eliminate all air and circulate this solution for 48 hours. Drain the system and thoroughly flush it with fresh water. Clean out all strainers. Refill the system with fresh water. TESTING• Before insulating or concealing any lines, test all piping. Test all lines at 150% of the system working pressure or 100 psig, whichever is greater, for not less than 4 hours with no leaks. 15B-2 93048 i SECTION 15C CONDENSING WATER PIPING SYSTEM PART I - GENERAL NOTE: Conform with applicable provisions of the General Conditions. SUBMITTALS: Submit manufacturer's data on all materials. SCOPE: This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the condensing water systems as shown on the drawings and/or specified herein. Install condensing water circulating piping complete and connect to heat exchanger, and other existing equipment. Include drain lines where shown or required. PART II - PRODUCTS MATERIALS: Refer to Section PIPING AND ACCESSORIES. Condensing Water Lines: Standard weight black steel shall be welded. Victaulic couplings may be used at Contractor's option. Drain Lines: Schedule 40 galvanized steel pipe assembled with 150 pound malleable iron, banded pattern, screwed fittings or at the Contractor's option, may be Type L hard copper tubing assembled with wrought copper solder joint fittings. Do not mix the two materials. PART III - EXECUTION INSTALLATION OF SYSTEMS: Lay all water circulating lines on an even slope throughout to insure freedom from air locks and traps. Grade the system downward to the heat exchanger, with valved drain connections from the low points to floor drains. Where additional low points are unavoidable, provide service drains to permit the complete drainage of the system. F 15C-1 93048 r s Install manual valves where required to segregate individual items of equipment or sections of circulating systems or where indicated on the drawings or required. CLEANING• Fill the new system with a solution consisting of either one pound of caustic soda or three pounds of trisodium phosphate per 100 gallons of water. Eliminate all air and circulate this solution for 48 hours. Drain the system and thoroughly flush it with fresh water. Refill the system with fresh water. TESTING• Test all lines at 150% of the system working pressure or 100 psig whichever is greater, for not less than 4 hours with no leaks. 15C-2 93048 r SECTION 15D HANGERS AND SUPPORTS PART I - GENERAL NOTE: Conform with applicable provisions of the General Conditions. SUBMITTALS: Submit manufacturer's data on all materials. SCOPE: The Contractor for the work covered by each section of the specifications shall furnish and install all hangers, supports and isolation required by pipe or equipment included in this work. PART II - PRODUCTS MATERIALS: Materials shall be provided for the support of all piping and equipment. The following tabulation lists materials suitable for this duty. Equal materials manufactured by Fee and Mason, Carpenter -Patterson, Grinnell or Modern will be considered. MATERIAL SERVICE FEE AND MASON CAT.` Hanger Steel lines 4" and larger 239 Hanger Outside Insulation -all lines 239 Beam Clamps All 249, 254, 255, 282, 280 Adjuster All 2381 HANGER RODS: All individually suspended horizontal pipes shall be supported by steel rods sized as follows: Rod Diameter Size of Steel Pipe or Pipe Supported 5/811 5" through 8" 8" through 1011 3/4" 10" and larger 12" and larger 93048 15D-1 HANGER SPACING• All hangers shall be so located as to properly support horizontal lines without appreciable sagging of these lines. The following table gives minimum spacing for copper, and steel lines, but hangers shall be more closely spaced where necessitated by conditions or the type of pipe involved or required by code. Size of Line 2" and larger PART III - EXECUTION INSTALLATION OF SUPPORTS: Hanger Spacing in Feet 10 All pipes shall be adequately supported. All piping shall be installed with due regard to expansion and contraction, and the type of hanger, method of support, location of supports, etc. shall be governed in part by this consideration. Transmission of vibration and noise shall also be considered and any special suspension with vibration dampeners required to minimize transmissions shall be used where specified or required.. Where vertical lines run down to a point near the floor and a support is needed, they.may be supported by means of a pipe leg welded'to the pipe, extending down to the floor and terminating in a capped end resting on the floor. Where pipes run under steel construction, use beam clamps on beams. Under steel joists, piping may be suspended from rods thru the bottom chord with washers and double nuts. on piping larger than 411, verify the joist strength before installation. Perforated strap iron and wire will under no circumstances be acceptable as hanger material. Hangers supporting insulated lines which are specified to be finished with a vapor seal shall be fitted outside the insulation. The insulation or horizontal lines shall be protected by low compression insulation shields. On all pipes the shields shall be Fee and Mason Fig. 81 or rolled 14 gauge galvanized. The shields on horizontal lines shall be positioned so that they encompass the bottom of the pipe and are centered on the hanger or support. On vertical lines there shall be two shields of the same type full encompassing the pipe at•each clamp. Shields shall be secured with a 3/4" wide lacquered steel band at each end. 15D-2 93048 l !� COOPERATION BETWEEN TRADES: Where pipes specified under different sections may possibly be racked on the same supporting structure, each trade shall cooperate with the others involved to properly locate the supporting members and shall furnish a proportionate share of the labor and materials involved in the installation. t Any other special hangers and supports shall be provided and installed as indicated on the drawings, specified elsewhere herein or required by conditions at the site. T i� �j k i; 4 15D-3 93048 i 71. 117, SECTION 15E INSULATION PART I - GENERAL NOTE: Conform with applicable provisions of the General Conditions. SUBMITTALS: Submit manufacturer's data on all materials. SCOPE: This section of the specifications comprises the furnishing of all labor, materials, transportation, tools and appliances and in performing all operations in connection with the installation of thermal insulation, coverings, jackets, supports, shields, etc. as described herein and/or as shown on the accompanying drawings, or reasonably implied therefrom. All surfaces which may vary from the ambient temperature shall be insulated unless specifically excepted. PART II - PRODUCTS MATERIALS: In describing the various materials, application procedures, and finishes, each item will be described singularly, even though there may be a multiplicity of identical applications. Also where the description is only general in nature, exact dimensions, arrangements and other data shall be determined by reference to plans, schedules, and details, including those provided by equipment manufacturers. Where materials are described under other sections of the specifications and are pertinent to this section, they shall be installed hereunder as though they were repeated herein. All insulation shall have composite fire and smoke hazard ratings as tested by procedure NFPA 225, not exceeding flame spread 25, smoke developed 50. Accessories such as adhesives, mastics, cement, tape, cloth, etc. shall have these same component ratings. All materials installed under this section of the specifications shall be manufactured in the United States of America. 15E-1 33048 1' VAPOR BARRIER JACKETS: Factory -applied vapor -barrier jackets shall be laminated of flame resistant white kraft paper and .001 inch thick aluminum foil reinforced with glass fiber fabric between the foil and the paper. The foil and paper shall be adhered with a flame resistant latex adhesive. Where specified, insulate valves and fittings with two fiberglass inserts and preformed Manville "Zeston" covers with taped seams. Where plastic jackets are specified indoors, use 15 mil Manville "Zeston" PVC jackets, lapped, sealed with adhesive, and banded. PART III - EXECUTION INSTALLATION: The installation of all thermal insulationshallbe performed by a recognized firm regularly engaged in the insulation business, using skilled insulation mechanics and using insulation materials which are the product of reputable manufacturer of the materials, using any special materials as required by these specifications and by those published standards. Any insulation which is not applied in a workmanlike manner will be rejected and replaced. All coverings shall be smooth, flush, dressed to line and tight. Mastic shall be neatly applied and tooled. The.Engineer reserves the right to reject any insulation whose appearance he deems unacceptable. On glass fiber pipe covering with factory -applied vapor -barrier jacket, lap the jacket on the longitudinal seams and seal with vapor barrier lap adhesive equal to Benjamin Foster 82-07 or use self sealing lap. Tightly butt the ends and cover butt joints with a 4" wide band of vapor barrier jacket secured with the same adhesive. INSULATION ON EQUIPMENT AND PIPING SYSTEMS: The following describes materials, thicknesses and finishes for insulation and coverings. In the following, the word "exposed" shall apply to any line, duct, or other material or surface in any room above the lowest floor in any building unit, exterior to the building and above ground, and/or in equipment rooms; the word "concealed" shall apply to any line, duct, or other material or surface in other underfloor areas, ceiling spaces furrings and chases. 15E-2 93048 Also included in this section is the requirement for patching and repair of existing insulation where new connections are made. 1. New Chilled Water Lines: Insulate with molded sectional glass fiber pipe covering with factory applied all purpose vapor barrier jacket equal to Manville "Micro-Lok APT 850". Insulation shall be 1-1/2" thick. Insulate valves and fittings with fiberglass inserts and "Zeston" PVC covers. 2. New condensing water lines and all existing condensing water lines connected to the plate exchanger and Chiller CP-3 shall be insulated as specified for chilled water lines. 3. Heat exchanger shall be provided with factory manufactured insulated shroud. 4. All exterior condensing water piping shall have over the ;H insulation a jacket of .016" thick #5005 aluminum banded with 3/4" wide .020" stainless steel bands machine drawn tight. Install heat trace cable prior to insulation and metal rj jackets. F 7 15E-3 93048 r a 7 PART I - GENERAL SECTION 15F EQUIPMENT NOTE: Conform with the applicable provisions of the General Conditions. SUBMITTALS: Submit manufacturer's data and shop drawings on all items specified. SCOPE: This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the mechanical equipment as shown on the drawings and/or as specified herein. This section requires the furnishing of all equipment specified and/or shown on the drawings. 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. 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 the function for which it is intended, and all work necessary to provide a complete functional system shall be provided. This specification requires that all items of equipment be completely installed, finally connected, tested and placed in service. 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. Capacities 3. Clearance for maintenance 4. Quality 5. Quantity r r 93048 r 15F-1 PART II - PRODUCTS PLATE HEAT EXCHANGER: Furnish and install a plate heat exchanger as shown and scheduled on the drawings. The heat exchanger shall be as manufactured by Alfa Laval, Inc., Trantor or Baltimore Air Coil. Equipment shall be designed, manufactured and tested in accordance with the latest edition and addenda of ASME Boiler and Pressure Vessel Code Section VIII, Division I, or Section III, Class 3, for 150 psi. The heat exchanger shall consist of a removable assembly of gasketed plates supported in a sturdy frame, fitted with inlet and outlet nozzles. The apparatus shall be furnished with guide rails or carrying bars to allow horizontal disassembly of unit for cleaning. Gaskets shall be nitrile; plates and nozzles shall be SA 240-304 stainless steel. Provide factory fabricated insulated shroud unit. 15F-2 93048 r i 4i SECTION 15G TEMPERATURE REGULATION PART I - GENERAL NOTE: Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements and Supplemental Conditions. P0. SUBMITTALS: 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. SCOPE: This Contractor shall include in his bid an amount necessary to cover a complete system of automatic temperature regulating equipment. It is intended that the system be pneumatic in its operation except for certain sensing functions, remote starting and stopping provisions, resetting arrangements, and alarm indications which can best be performed by electronic instruments. It shall include all master and submaster thermostats, valves, dampers, and operators, amplifiers, air receivers, switches, piping, air regulator, relays, controllers, cabinets, etc. required to make it complete in full accordance with the intent of the plans and the following description. The wiring for all the remote indicating, motor control, control set point and adjustment and alarm devices shall originate in a terminal board and extend to and connect to all controllers, relays, thermocouples, and similar devices. The wiring shall be performed by this Contractor in accordance with diagrams on the plans, as specified herein and as indicated on the drawings which this contractor shall provide. The temperature regulation equipment shall be installed and adjusted to secure the sequences described hereinafter. The materials and equipment described herein shall be sufficient to any of the remote devices of reference elsewhere herein, but shall be arranged as required to operate in conjunction with those remote devices. r 15G-1 93048 The Contractor shall furnish and install all automatic valves. The Contractor shall furnish, install, and adjust all valve operators and all other switches, relays, etc. comprising the temperature regulation system. Temperature regulation specified herein is based on Honeywell to match existing. PART II - PRODUCTS COMPRESSED AIR: The existing air compressor will be reused to provide control air. This Contractor shall begin at the existing air line, connect 1" to the service and extend it according to the various requirements cited by, and inherent to, the descriptions herein. A manual valve shall be provided to allow isolation of the building from the service. Verify the location of the existing air line. Provide a ball valve at connection point. PIPING• All exposed tubing and conduit shall be run parallel to or at right angles to the building structure and shall be concealed in all finished spaces. Tubing may be ,run exposed in mechanical rooms or areas where other piping is exposed. Hard drawn copper tubing shall be used where run exposed and either hard drawn or annealed where concealed. Only tool -made bends will be acceptable. Fittings for copper tubing shall be brass or copper solder -joint type, except at connections to apparatus, where brass compression -type fittings shall be used. Non-metallic tubing may be used in lieu of copper only in panels and shall be virgin polyethylene, meeting stress -crack test ASTM D1693-60T. Tubing shall be self -extinguishing under ASTM-D635 flammability test. Single lines in equipment rooms shall be hard drawn copper. Short run final terminations shall be made in flexible polyethylene. Number -coded polyethylene shall be used inside control cabinets and shall be neatly tied and supported. Flexible connections bridging the cabinet and its door shall be neatly fastened along the hinge -side and protected against abrasion. GAUGES: Provide and install two inch dial pressure gauges at each pneumatic valve and damper operator to indicate its performance. All such gauges shall be identified by a permanent tag or label indicating to which operator they apply. 15G-2 93048 TEMPERATURE SENSORS: Duct Mounted or Immersion Sensors: 1. Shall have spans of 100 degrees for a 3-15 psig pressure change. Temperature sensors shall be of rigid stem using �I bi-metallic sensing elements. 2. Sensors shall be of corrosion resistant construction, tamper +" proof, suitable for mounting on a vibrating surface. If it capillary type sensors are used, exposed capillary shall be temperature compensated, and armored or installed in I protective tubing. 3. All sensing elements for water pipe mounting shall be of the rod and tube type linear output and shall be furnished complete with separable protecting wells filled with heat conductive compound. Sensors shall be factory calibrated and tamper proof. Dew Point Sensors: 1. The dewpoint sensor shall employ a non -reactive organic material to give precise dewpoint readings of not more than +1.5 or -1.5 degrees F. The dewpoint sensor shall incorporate an integral draft shield as part of the instrument for air velocities in excess of 50 feet per minute. The dewpoint sensor shall operate over a minimum dewpoint temperature range suitable to application. The setpoint and reset ratio shall be adjustable. 2. Any system or combination of instruments requiring wetting sleeves or any maintenance attention of a shorter period than one year shall not be acceptable. Also provide the Owner with one additional bobbin assembly with each dewpoint sensor provided. CONTROL VALVES, WATER: For flow control use pneumatic activated butterfly valves with stainless steel through shaft bronze disc and EPDM seat. LOCAL CONTROL PANELS: All controllers, thermometers, or temperature indicators, relays, switches, etc., as shown on the drawings shall be panel mounted. The panel shall be steel with hinged door. The temperature indicators (or thermometers) and switches shall be surface mounted on the door and tagged with plastic labels. F C 93048 15G-3 i" PART III - EXECUTION CHW/CW HEAT EXCHANGER: Heat exchanger shallbeswitched into operation by Central Plant Controller when outside air dewpoint is below 450F. Option chilled water and condensing water pumps shall be ON. Valves on chilled water and condensing water lines shall be OPEN for flow through heat exchanger. Cooling tower fan shall be cycled to obtain 40OF minimum leaving water temperature. Standby chiller and heat exchanger have separate chilled water and condensing water pumps. After heat exchanger is completely loaded and the outside air temperature is above 65°F, the standby chiller shall be switched into operation by Plant controller. Standby chilled water and condensing water pumps shall be ON. The chilled water flow shall be series flow through heat exchanger and standby chiller. Valves on chilled water and.condensing,water lines shall be OPEN for flow through standby chiller. Standby cooling tower fan shall be cycled to obtain 650F minimum leaving condensing water temperature. Temperature sensors are required in the heat exchanger entering and leaving chilled water and condensing water lines. When entering condensing water is 1°F less or closer to entering chilled water, the system shall be shut down. Heat exchanger loop is designed for heat exchanger as a precooler on chilled water return or in parallel with any chiller by control valve operation. Plant controller shall stage the heat exchanger with the chillers are follows: At full load condition, heat exchanger shall be in series with one chiller and the other chiller shall be first OFF as the load reduces. When the chiller in series drops OFF, the heat exchanger shall be switched from series flow to parallel flow, so there will be NO flow through a chiller not in operation. The heat exchanger shall carry base load, whenever possible. 15G-4 93048 e SECTION 15H MARKING AND IDENTIFICATION PART I - GENERAL NOTE: Conform with applicable provisions of the General Conditions. SUBMITTALS: Submit manufacturer's data on all materials. SCOPE: This section applies to piping systems used to transport liquids. The term "piping systems", includes pipes, fittings, valves and pipe coverings located either inside or outside the buildings. This identification scheme does not apply to piping systems buried in the ground. REFERENCES: Occupational Safety and Health Standards - Part 1910.144. �^ Scheme for the Identification of Piping Systems - ANSI A 13.1 l Safety Color Code for Marking Physical Hazards - ANSI 253.1 METHOD OF IDENTIFICATION: The primary identification of a piping system shall be made by a positive identification of the material content of the system by lettered legend, giving the name of the content in full or abbreviated form. This mark shall be conspicuously placed at frequent intervals on straight runs, close to all valves, at changes of direction and where pipes pass through walls, floors or ceilings. Arrows shall be used to indicate direction of flow. Markers shall be placed on piping at each connection to an item of equipment, at each pump, and on each drop to an outlet or inlet. Markers shall be placed on each run of piping at intervals not exceeding 50 feet where exposed in a room. Also supply directional flow indicators adjacent to identification markers similarly color coded and sized. f 15H-1 93048 r Size of Identification: Outside Diameter Size of Legend of Pipe or Covering Letters (" Height) 2-1/2 to 6 1-1/4 8 to 10 2-1/2 Over 10 3-1/2 Colors: Exact colors shall conform to Owners Piping Identification Code. All numbers are PITTSBURGH: Piping Color Condensing Water and Chilled Water Supply & Return Spanish Blue - 1-346 Air Lines Autumn Brown - 54-126 Equipment Pumps;H & CH Water Seal Brown - 1-344 Converter (Heat Exchanger) Rose Coral - 15P-27 _ IDENTIFICATION: The Contractor shall provide and install, on each valve and cock "- which he installs, a Seton P-250 tag with depressed, black filled numbers and letters identifying the service by letters and the number of the valve. Attach these to the handles of the valves and cocks using meter seals, approved brass S hooks, or heavy copper clad annealed iron wire. Furnish and install where directed a chart or directory listing the complete identification of every valve and cock. This chart shall designate.class of service, and shall.itemize the valve or cock identified, shall list its exact location, shall give its - number,'and shall be neatly typed and mounted under a glass pane in a suitable frame. These charts shall, in addition, list the various colors identifying the piping. All items of mechanical and electrical equipment shall be identified by the attachment of engraved nameplates constructed from laminated phenolic plastic, at least 1/16" thick, 3-ply, with black surfaces and white core. Engraving shall be condensed gothic, at least 1/2" high, appropriately spaced. Nomenclature on,the label shall include the name of the item, its mark number, area, space, or equipment served, and other pertinent information. Equipment to be labeled shall include but not be limited to the following: 1. Convertors 2. Air Conditioning Control Panels and Switches 15H-2 93048 SECTION 16A ELECTRICAL PART I - GENERAL NOTE: Conform with applicable provisions of the General Conditions. SUBMITTALS• Submit manufacturer's data on all materials. SCOPE: The work shall include furnishing and installing all electrical work for temperature regulation, including final connections to all devices and placing them in service. PART II - PRODUCTS r„CONDUITS 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. 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 r' liquidtight; UL listed; Electri-flex type 'ILA" or equivalent. 4 CONDUIT FITTINGS: l 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. it Couplings and Terminations for Flexible Metal Conduit: T & B 440 Series couplings at connections between flexible and rigid r' conduit; T & B 3110 or 3130 Series nylon insulated throat, steel connectors at box or cabinet terminations. OUTLET BOXES: UL listed of sizes and types specified. r • 16A-1 93048 Cast Metal Boxes: Cast iron or cast alloy with threaded hubs; Crouse -Hinds, Appleton or Pyle National. CONDUCTORS (600 VOLTS AND UNDER): Type: Soft drawn, annealed copper, UL listed, rated at 600 volts, continuous without weld, splice or joint, uniform cross-section, free from flaws, scale and other imperfections; Okonite, Triangle, Anaconda or Simplex. No. 8 and larger shall be stranded; No. 10 and smaller shall be solid. Insulation: Branch circuits shall have type TW, THW, or RHW insulation unless the type is specifically designated or specified. Service feeders shall be'type THW. Feeder circuits shall be Type THW. JOINTS AND SPLICES: 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. 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. COLOR CODING• 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 ,equivalent, slip. -on colored plastic sleeves or plastic tape at all pull boxes, support boxes, outlet boxes, panelboards, and other terminal and splicing points. Neutral conductors shall,be white or natural grey, Grounding. conductors shall be green, or green with one or more yellow stripes.'` 16A-2 93048 I' PART III - EXECUTION INSTALLATION OF RACEWAYS: All wiring of every description shall be run in conduit unless noted or specified otherwise. Conduits may be run exposed in j, machinery rooms and unfinished areas. All exposed runs shall be G' installed parallel to the surface of the building in a neat and orderly manner. Types: Above grade interior conduits shall be rigid galvanized steel conduit. 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 r which pipe is crushed, deformed or otherwise injured. 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. In damp or wet locations, and where installed outdoors, use liquidtight flexible metal conduit. Around Heat Producing Equipment: Do not install raceways within ►^� 3" of hot water pipes, except where crossings are unavoidable, and then keep raceways at least 1" from insulation on the pipe, crossed. Damp or Wet Locations: In damp or wet locations make every effort to avoid installing raceways in a manner which will create moisture traps. Where they must be so installed, seal both ends of raceways with an approved sealing compound to prevent . "breathing" and moisture condensation within the raceways. 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. 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. 1GA-3 93048 CONDUIT SUPPORTS: Support spacing: Use minimum spacing as directed by National Electrical Code, but space hangers more closely where required by conditions. 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. Multiple Conduits: Where multiple raceways are run horizontally at the,same elevations, they may be supported ontrapezesformed of sections of Unistrut angle iron or channels suspended on rods or pipes. size trapeze members including the suspension rods for the number size and loaded weight of the conduits they are to support. Space them as required for the smallest conduit supported. INSTALLATION OF OUTLET BOXES: Usage: Provide at each outlet or device of whatever character a metal outlet box in which conduits shall terminate. Boxes for Exposed Work: Cast metal boxes. Boxes for Outdoors: Cast metal boxes with gasketed covers. INSTALLATION OF PULL AND JUNCTION BOXES: Sizing: Size all pull and junction boxes in accordance with NEC, using larger sizes than required by code where job conditions so indicate. Mounting: Fasten all boxes securely to the building construction, independent of conduit systems. On concealed conduit systems where boxes are not otherwise accessible, set box covers flush with finished surfaces for access. WIRE PULLING: Wire Pulling: All conductors to be installedina single conduit shall be pulled in together. Pull no conductors into conduits until all work of a nature which may cause injury to conductors is completed. Use an Underwriters' listed cable pulling compound where necessary. 16A-4 93048 r r 4 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER: Sizes: No wire shall be smaller than No. 12 except for signal or control circuits, as permitted by the National Electrical Code. 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. Identifying Tags: Non-ferrous; stamped to clearly identify each circuit. Securely fasten tags to all cables, in pull boxes, power and distribution panelboards, etc. Bundling Conductors: Bundle all conductors in panelboards, 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. SERVICE AND EQUIPMENT GROUNDING: Provide adequate and permanent service neutral and equipment grounding in accordance with the National Electrical Code. GROUNDING RACEWAYS: Assure the electrical continuity of all metallic liquidtight 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. Provide grounding bushings on all raceways terminating within panelboards, 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. 7 93048 16A-5 r F SPECIAL CONDITIONS NOTICE OF ACCEPTANCE TO: The City of Lubbock, having considered the proposals submitted and opened on the day of 199_, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 199� at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. 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 (51/o) 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 retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative Page is too large to OCR.