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HomeMy WebLinkAboutResolution - 2015-R0115 - Collier Construction Company Of Lubbock Contract - 04/09/2015No. 2015-R0115 . 9, 2015 No. 5.13 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT City of Lubbock Bid No. RFP 15-12191 is awarded to Collier Construction ny of Lubbock, Texas, for Fire Alarm System Replacement at the Lubbock Preston Smith [ional Airport Terminal, and further THAT the Mayor of the City of Lubbock is zed and directed to execute, for and on behalf of the City of Lubbock, a contract for said -.s with Collier Construction Company, consistent with the terms of the bid submittal d hereto and incorporated herein, in a form acceptable to the City Attorney, and related by the City Council on Gerlt, Mayor Pro Tem .TTEST: Garza, City AS TO CONTENT: Director of Aviation AS TO FORM: Assistant City Attorney Xontract-Collier Construction Company 15 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: April 9, 2015 CITY OF LUBBOCK SPECIFICATIONS FOR Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building RFP 15-12191-TF CONTRACT 12191 PROJECT NUMBER: 92191 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY www.therel)roductioncoMpgLny.com Phone: (806) 763-7770 CITY OF LUBBOCK Lubbock, Texas Pau Intentionally Left Blank I H In N No Text Paae Intentionally Left Blank bbo'ck ADDENDUM I Additional Specification Sections RFP 15-12191-TF Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building DATE ISSUED: February 18, 2015 CLOSE DATE: February 26, 2014 at 2:00 p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please review, incorporate, and acknowledge the information in this addendum on the signature page of the Proposal Submittal Form. Additional Specification Sections Please incorporate the attached Specification sections into the originally issued specifications. Section 26 0500 - Common Work Results for Electrical 2. Section 26 0513 - Basic Electrical Materials and Methods 3. Section 26 0533 - Raceways, Boxes, Fittings, and Supports 4. Section 28 3100 -Fire Detection and Alarm Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to TKFlores@mylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, CITY OF LUBBOCK Teofilo Flores Senior Buyer City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the Director of Purchasing and Contract Manaeement if anv lanEuaae reauirements. etc.. or anv combinations thereof. inadvertentiv restricts or limits the reauirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. SECTION 26 0500 COMMON WORK RESULTS FOR ELECTRICAL PART 1 - GENERAL 1.1 SUMMARY A. This Section specifies the basic requirements for electrical installations and includes requirements common to more than one section of Division 26. It expands and supplements the requirements specified in sections of Division 01. B. Related Requirements: 1. Division 01 - General Requirements. 2. Division 28 - Electronic Safety and Security. C. Applicable Standards 1. ASTM D 709 — Laminated Thermosetting materials. 2. ANSI/NEMA FBA — Standard for Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit, Electrical Metallic Tubing, and Cable. 3. ANSI/NEMA 250 — Enclosure for Electrical Equipment (1000 Volts Maximum). 4. National Electrical Code (NEC). 5. IEEE C57.12.28 — Standard for Pad -Mounted equipment (Enclosure Integrity). 6. UL 1 — Standard for Flexible Metal Conduit. 7. UL 1242 — Standard for Electrical Intermediate Metal Conduit. 8. UL 506 — Specialty Transformers. 9. UL 6 — Electrical Rigid Metal Conduit -Steel. 10. UL 797 — Electrical Metallic Tubing -Steel. 11. UL 870 — Standard for Wireways, Auxiliary Gutters, and Associated Fittings 1.2 BASIC ELECTRICAL REQUIREMENTS A. Quality Assurance: 1. Workers possessing the skills and experience obtained in performing work of similar scope and complexity shall perform the Work of this Division. 2. Refer to other sections of the Specifications for other qualification requirements. B. Drawings and Specifications Coordination: 1. For purposes of clearness and legibility, Drawings are essentially diagrammatic and the size and location of equipment is indicated to scale whenever possible. Verify conditions, dimensions, indicated equipment sizes, and manufacturer's data and information as necessary to install the Work of this Division. Coordinate location and layout with other Work. 2. Verify final locations for rough -ins with field measurements and with the requirements of the equipment to be connected. 3. Drawings indicate required size and points of termination of conduits, number and size of conductors, and diagrammatic routing of conduit. Install conduits with Fire Alarm System Replacement February 12, 2015 Lubbock Preston Smith International Airport 26 0500 - 1 Addendum No. 1 minimum number of bends to conform to structure, avoid obstructions, preserve headroom, keep openings and passageways clear, and comply with applicable code requirements. 4. Routing of conduits may be changed provided that the length of any conduit run is not increased more than 10 percent of length indicated on the Drawings. - 5. Outlet locations shall be coordinated with architectural elements prior to start of I construction. Locations indicated on the Drawings may be distorted for clarity. 6. Coordinate electrical equipment and materials installation with building components and the Work of other trades 7. As much as practical, connect equipment for ease of disconnecting, with minimum of interference with other installations. 8. Coordinate connection of electrical systems with existing underground utilities and services. C. Terminology: 1. Signal Systems: Applies to clock, bell, fire alarm, annunciator, sound, public address, buzzer, telephone, television, inter -communication, elevator access controls, lighting control systems and security systems. 2. Low Voltage: Applies to signal systems operating at 120 volts and less, and power systems operating at less than 600 volts. Medium voltage: Applies to power systems operating at more than 600 volts. 3. UL: Underwriter's Laboratories Inc, Nationally Recognized Testing Laboratory (NRTL), or equal. D. Regulations: Work shall comply with the requirements of authorities having jurisdiction and the National Electrical Code. Material shall conform to regulations of the National Board of Fire Underwriters for electrical wiring and apparatus. Materials shall be new and listed by UL, or another NRTL. E. Electrically Operated Equipment and Appliances: 1. Furnished Equipment and Appliances: a. Work shall include furnishing and installing wiring enclosures for, and the I s complete connection of electrically operated equipment and appliances and electrical control devices which are specified to be furnished and installed in this or other sections of the Specifications. b. Connections shall be provided as necessary to install equipment ready for a complete electrical installation. F. Protection of Materials: 1. Protect materials and equipment from damage and provide adequate and proper storage facilities during progress of the Work. Damaged materials and/or equipment shall be replaced. G. Cleaning: 1. Exposed parts of Work shall be left in a neat, clean, usable condition. Finished painted surfaces shall be unblemished and metal surfaces shall be polished. 2. Thoroughly clean parts of apparatus and equipment. Exposed parts to be painted shall be thoroughly cleaned of cement, plaster, and other materials. Remove grease and oil spots with solvent. Such surfaces shall be wiped and corners and cracks _F Fire Alarm System Replacement February 12, 2015 Lubbock Preston Smith International Airport 26 0500 - 2 -. Addendum No. 1 scraped out. Exposed rough metal shall be smooth, free of sharp edges, carefully steel brushed to remove rust and other spots, and left in proper condition to receive j finish painting. 3. Remove rubbish, debris, and waste materials and legally dispose of off the Project site. H. WARRANTIES 1. Provide one year warranty on all material and labor performed, unless noted otherwise in specific sections. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION 3.01 GENERAL REQUIREMENTS A. Advise the Inspector before starting the Work of this Division. B. Exposed conduits shall be painted to match the surfaces adjacent to installation. C. Salvaged materials removed from buildings shall be removed from the Project site as required by the OAR. D. Trenches outside of barricade limits shall be backfilled and paved within 24 hours after being inspected by the Inspector. Provide traffic plates during the time that trenches are open in traffic areas and in areas accessible to students and staff. E. Where existing structural walls are cored for new conduit runs, separation between cored holes shall be three inches edge to edge from new or existing holes, unless otherwise required by the Architect. All coring to be laid out and reviewed by Architect prior to drilling. Contractor to verify location of structural steel, rebar, stress cabling or similar prior to lay out. 3.02 DELIVERY STORAGE AND HANDLING A. Deliver products to project site with proper identification, which shall include names, model numbers, types, grades, compliance labels, and similar information needed for District identification; all products and materials shall be adequately packaged and protected to prevent damage during shipment, storage, and handling. B. Coordinate deliveries of electrical materials and equipment to minimize construction site congestion. 3.03 CUTTING AND PATCHING A. Cutting and patching of electrical equipment, components, and materials shall include the removal and legal disposal of selected materials, components, and equipment. B. Do not endanger or damage installed Work through procedures and processes of cutting and patching. C. Repair or restore other work, or surfaces damaged as a result of the work performed under this contract. 3.04 CLEANUP A. Remove rubbish, debris and waste materials and legally dispose off the Project site. B. Remove equipment and implements of service, and leave entire work area neat and clean, to the satisfaction of the Owner Authorized Representative. Fire Alarm System Replacement February 12, 2015 , Lubbock Preston Smith International Airport 26 0500 - 3 i Addendum No. 1 E� ii �_ J 3.05 PROTECTION A. Protect the Work of this section until Substantial Completion. A041CEO] MXOMiP1 Fire Alarm System Replacement February 12, 2015 Lubbock Preston Smith International Airport 26 0500 - 4 Addendum No. 1 SECTION 26 0513 BASIC ELECTRICAL MATERIALS AND METHODS 1.1 SUMMARY A. Section Includes: 1. Boxes, enclosures, keys and locks. 2. Receptacles and switches. 3. Identifications and signs. B. Related Requirements: 1. Division 01 - General Requirements. 2. Division 26 — Electrical. 4. Division 28 - Electronic Safety and Security. ':•D 2.1 BOXES, ENCLOSURES, KEYS AND LOCKS A. Outlet Boxes and Fittings: 1. Outlet boxes installed in concealed Work shall be galvanized steel, pressed, or welded type, with knockouts. 2. In exposed Work, where conduit runs change direction or size, outlet boxes and conduit fittings shall be cast metal with threaded hubs cast integral with box or fitting. 3. Fittings shall be cast metal and non -corrosive. Ferrous metal fittings shall be cadmium -plated or zinc galvanized. Castings shall be true to pattern, smooth, straight, with even edges and corners, of uniform thickness of metal, and shall be free of cracks, gas holes, flaws, excessive shrinkage, and burnt -out sand. 4. Covers for fittings shall be galvanized steel or non -corrosive aluminum and shall be designed for particular ftting installed. 6. For local device outlets provide 4-inch square 2 1/8-inch deep, boxes for single gang, 5-inch square boxes for two -gang, and special solid gang boxes with gang plaster ring for more than two switches. 7. Plaster rings shall be provided on flush -mounted outlet boxes except where otherwise indicated or specified. Plaster rings shall be same depth as finished surface. Install approved ring extension to obtain depth to finish surface. 8. In existing plywood wall or drywall construction, and where flexible steel conduit is fished into walls, single -gang and 2-gang outlets for wiring devices may be sectional steel boxes with plaster ears. Boxes shall be fastened to plywood with flat -head screws in each plaster ear screw hole. Boxes fastened to gypsum board shall be Raco, Appleton, Cooper, Bowers, or equal. 9. Factory made knockout seals shall be installed to seal box knockouts, which are not intact. Fire Alarm System Replacement Lubbock Preston Smith International Airport Addendum No. 1 February 12, 2015 26 0513 - 1 10. Where flexible conduit is extended from flush outlet boxes, provide and install weatherproof universal box extension adapters. B. Junction and Pull boxes: 1. Junction and pull boxes, in addition to those indicated, shall only be used in compliance with codes, recognized standards, and Contract Documents. 2. Interior and non -weatherproof boxes shall be constructed of blue or galvanized steel with ample laps, spot welded, and shall be rigid under torsion and deflecting forces. Boxes shall be furnished with auxiliary angle iron framing where necessary to ensure rigidity. 3. Covers shall be fastened to box with a sufficient number of machine screws to ensure continuous contact all around. Flush type boxes shall be drilled and tapped for cover screws if boxes are not installed plumb. Surfaces of pull and junction boxes and covers shall be labeled in black marker ink designating system, panelboard and circuit designation contained in box. In exposed Work, designation shall be installed on inside of pullbox or junction box cover. 4. Weatherproof NEMA 3R pull and junction boxes shall conform to foregoing for interior boxes with following modifications: a. Cover of flush mounting boxes shall be furnished with a weather -tight gasket cemented to, and trimmed even with, cover all around. b. Surface or semi -flush mounting pull and junction boxes shall be UL, or another Nationally Recognized Testing Laboratory (NRTL) listed as rain - tight and shall be furnished complete with threaded conduit hubs. C. Exposed portions of boxes shall be galvanized and finished with one prime coat and one coat of baked -on gray enamel, unless already furnished with factory baked -on finish. 5. Junction and pull boxes shall be rigidly fastened to structure and shall not depend on conduits for support. E. Keys and Locks: 1. Provide two keys with furnished door locks, including cabinet door locks and switchboard locks, two keys for lock switches on switchboards or control panels, and two keys with interlocks or other furnished lock switches. Deliver keys to OAR. 2.2 IDENTIFICATION AND SIGNS A. Identification Plates: 1. Provide identification plates for the following unless otherwise specified, for switchboards, unit substations, motor control centers, control panels, push-button stations, time switches, contactors, motor starters, motor switches, panelboards, and terminal cabinets. 2. Identification plates shall be of plastic stock and shall adequately describe function, voltage and phase of identified equipment. Where identification plates are detailed a or described on Drawings, inscription and size of letters shall be as indicated. For lighting and power panels, identification plates shall indicate panel designation, Fire Alarm System Replacement February 12, 2015 J Lubbock Preston Smith International Airport 26 0513 - 2 Addendum No. 1 voltage, and phase of panel. For terminal cabinets, identification plates shall indicate system contained in terminal cabinet. 3. Identification plates shall be black -and -white nameplate stock of bakelite with characters cut through black exposing white. Plates shall be furnished with beveled edges and shall be securely fastened in place with No. 4 Phillips -head, cadmium - plated steel, self -tapping screws. Characters shall be 3/16 inch high, unless otherwise indicated. B. Markings: Install identification markings to surface -mounted starters, switches, disconnect switches, contactors, and other devices controlling motors and appliances. Provide abbreviations required along with an identifying number. PART 3 - EXECUTION 3.1 INSTALLATION AND SUPPORT OF BOXES A. Install outlet boxes flush with finished surface of wall or ceiling. Install plumb and securely fastened to structure, independent of conduit. Except where otherwise indicated, provide factory -fabricated adjustable attachment bar hangers between studs to support outlet boxes. When installation is performed in fire rated walls, maintain the wall's rating integrity by means of approved fire stop methods. B. Outlet boxes installed in suspended or furred ceilings with steel runner or furring channels shall be supported, except where otherwise indicated, by a Unistrut P-4000 Tessco A1200HS-10, Cooper B-Line B22s-HG, or equal channel spanning main ceiling runner channels. Each box shall be supported from its channel by a 3/8 inch 16 threaded steel rod with a Unistrut P-4008 or equal nut and a Tomic No. 711-B Adapta-Stud, or equal. Rod shall be tightened to a jamb fit with channel and its nut. Box shall be locked to rod by means of a 1/2 inch locknut on stud and a 3/8 inch 16 hex nut locking stud to rod. C. Heights of outlets and equipment indicated on Drawings shall govern. In absence of such indications, following heights shall be maintained with heights measured to centerline unless otherwise noted: 1. Outlet boxes for fire alarm pull stations shall be mounted at 45 inches above finished floor to insure that the operating handle of the initiating device is no higher than 48 inches at finished floor. Under no circumstances shall operating handle of the device exceed 48 inches above finished floor regardless of indicated height on drawing. 2. Wall mounted fire alarm strobe, speaker/strobe, or horn/strobe devices shall be mounted such that the entire lens is not less than 80 inches above finished floor. If ceiling heights allow, wall mounted appliances shall have bottom of lens a minimum of 80 inches but not more than 96 inches to the top of lens. 3. Install fire alarm strobe lights 80 inches to bottom of light above finished floor. 4. Install panelboards and terminal cabinets 6 feet 6 inches maximum from finish floor to top of cabinet. 5. The use of extension boxes shall be limited to not more than 1 times the original depth of junction box. Fire Alarm System Replacement Lubbock Preston Smith International Airport Addendum No. 1 February 12, 2015 260513-3 li s 3.2 IDENTIFICATION OF CIRCUITS AND EQUIPMENT A. Provide descriptive nameplates or tags permanently attached to switchboards, motor control centers, transformers, panelboards, circuit breakers, disconnect switches, starters, pushbutton control stations and other apparatus installed for operation or control of circuits, appliances, fire alarm control panel(s), fire alarm annunciator(s), power supplies, terminal cabinets, energy management control units, and Information technology system backbone and distribution equipment points. B. Fasten tags to feeder wiring in conduits at every point where runs are broken or terminated, including pull wires in empty conduits. Indicate circuit, phase, and function. Tag branch circuits in panel boards and motor control centers. Tags may be manufactured of pressure - sensitive plastic or embossed self -attached stainless steel or brass ribbon. C. M Junction and pull boxes shall have covers stenciled with box number when indicated on Drawings, or circuit numbers according to panel schedules. Data shall be lettered in a conspicuous manner with a color contrasting with finish. D. Name shall be correctly engraved, with a legend indicating function or areas, when required = by codes or indicated on Drawings. 3.3 PROTECTION A. Protect Work of this section until Substantial Completion. tl 3.4 CLEANUP A. Remove rubbish, debris, and waste materials and legally dispose of off Project site. END OF SECTION Fire Alarm System Replacement February 12, 2015 Lubbock Preston Smith International Airport 26 0513 - 4 Addendum No. 1 SECTION 26 0533 RACEWAYS, BOXES, FITTINGS, AND SUPPORTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Raceways and wire ways. 2. Conduit installation. B. Related Requirements: 1. Section26 0500: Common Work Results for Electrical. 2. Section26 0513: Basic Electrical Materials and Methods. 3. Division 28 - Electronic Safety and Security. C. Applicable Standards and Codes. 1. EIA/TIA 569 Standards. 2. National American Standards Institute (ANSI). 3. National Electrical Manufacturer's Association (NEMA). 4. Nationally Recognized Testing Laboratory (NRTL). 5. National Electrical Code (NEC). 6. Underwriters Laboratory (UL). 1.2 SUBMITTALS A. Materials List: Provide in accordance with Division 01. PART2-PRODUCTS 2.1 RACEWAYS A. Conduit Materials: 1. Metallic conduit, and tubing shall be manufactured under the supervision of an UL, or another NRTL factory inspection and label service program. Each ten -foot length of conduit and tubing shall bear the UL or another NRTL label and manufacturer's name. 2. Rigid metallic conduit shall be rigid steel, heavy wall, mild steel, zinc -coated, with an inside and outside protective coating manufactured in accordance with ANSI C 80.1. Couplings, elbows, bends, conduits, bushings and other fittings shall be the same materials and finish as the rigid metallic conduit. Fittings, connectors, and couplings shall be threaded type, manufactured in accordance with ANSI C 80.1 and UL 6. 3. Electrical metallic tubing shall be steel tubing, zinc -coated with a protective enamel coating inside, manufactured in accordance with NEMA C 80.3. Fittings, couplings, and connectors shall be gland compression type, set screw couplings and connectors not permitted. All parts shall be manufactured in accordance with Fire Alarm System Replacement Lubbock Preston Smith International Airport Addendum No.1 February 12, 2015 [-1 26 0533 - 1 I 1 i _> NEMA C80.3 and UL 6A Electrical metallic tubing is designated hereinafter as EMT. Steel and rain tight fittings shall be approved and listed for the intended application. 4. Flexible steel conduit shall be of flexible interlocking strip construction with continuous zinc coating on strips, manufactured in accordance with UL 1. a. Connectors and couplings shall be required fittings of the type, which threads into convolutions of flexible conduit. 5. Liquid -tight flexible metal conduit shall be galvanized heavy wall, flexible locked steel strip construction, UV rated, with smooth moisture and oil -proof, abrasion - resistant, extruded plastic jacket. Connectors shall be as required for installation with liquid -tight flexible conduit and shall be installed to provide a liquid -tight connection. 6. Non-metallic conduit shall be rigid PVC electrical conduit extruded to schedule 40 dimensions of Type Il. Grade 1 high impact, polyvinyl chloride, sweeps, couplings, reducers and terminating fittings shall be listed under the UL, or another NRTL, and shall bear the manufacturer's listed marking. 7. Metal Clad (MC) cable system is not allowed. B. Sleeves for Conduits: Sleeves shall be adjustable type by Carlon, U.S. Plastic, PEP Plastic or equal. C. Where conduit enters a building through a concrete foundation below grade, or ground water level, or where it is necessary to seal around a conduit where it passes through a concrete floor or wall, provide O-Z/Gedney Type FSK Thru Wall and Floor Seal, equivalent Cooper Crouse Hinds Thru-Wall, Legrand Thru-Wall, or equal. D. Surface Steel Raceway: 1. The surface steel raceway system for branch circuit wiring, data network, voice, video, and other low voltage wiring shall be as manufactured by the Wiremold Company, Hubbell, or Mono -Systems, Inc. or equal. 2. The raceway base, cover, and device bracket shall be manufactured of steel and finished in ivory, gray enamel or custom colors suitable for field painting to match adjacent finishes. 3. The raceway shall be a two-piece design with a metal base and snap -on metal cover, except for the Wiremold V700 system, Hubbell HBL750 series and Mono - Systems Inc. S145-700 series that shall be a one-piece design. The base and cover sections shall be a minimum of 0.040 inch wall thickness. The base section shall be available in ten -foot lengths. A hand -operated cutting tool shall be available for the base and cover to ensure clean, square cuts. Wiremold V500, Hubbell V500, and Mono Systems inc. SM500 series are not permitted. 4. A full complement of fittings shall be furnished, including but not limited to, flat internal and external elbows, tees, entrance fittings, wire clips, cover clips, couplings, support clips, C-hangers and end caps. The fitting color shall match the raceway color. Fittings shall be supplied with a base where indicated and/or required. A take -off fitting shall be furnished as required to adapt to existing flush -Y wall boxes. r ° Fire Alarm System Replacement Lubbock Preston Smith International Airport Addendum No. 1 February 12, 2015 26 0533 - 2 I 5. Device brackets shall be furnished for mounting single or two -gang devices within the raceway. Devices shall be provided with the ability of mounting flush or in conjunction with standard steel, stainless steel, or manufacturer's metal faceplates. 6. Raceway shall be furnished with corner elbows and tee fittings to maintain a cable bend radius which meets the requirements of fiber-optic and copper cables under EIA/TIA 569 for communications pathways. E. Wireways shall be 16 gage galvanized steel enclosed hinge/screw wiring troughs, surface metal raceway, wireway, and auxiliary gutter designed to enclose electrical wiring. Wireway fittings shall be furnished with removable covers and sides to permit complete installation of conductors throughout the entire wireway run. Cover shall be furnished with keyhole slots to accept captive screws locking the cover securely closed. Wireways shall be UL or another NRTL listed, and shall be Square D Type LDB NEMA-1 enclosure for interior applications, or Type RDB NEMA-3R enclosure for exterior applications, or equal by Cooper B-line, Hoffman, Wire Guard, or Circle AW. F. Penetration in Fire -Rated Structures: Provide 3M, or equal, sealant and fire barriers for installing fire -rated seals around penetrations through floors, walls, and elevator hoistways. Fire stop system must be UL, or another NRTL listed, and classified for through -penetration applications of metallic conduits and busways. G. Pull Wires: Install 1/8 inch polypropylene cords in empty or spare conduits. PART 3 - EXECUTION 3.1 CONDUIT INSTALLATION A. General Requirements: 1. EMT may be installed in interior concealed applications and in areas approved by owner. 2. Within buildings, flexible steel conduit may be installed instead of rigid steel conduit where permitted by code. Flexible steel conduit shall be installed: a. For continuous lengths not exceeding more than 50 feet between pull points (e.g. pull boxes, outlet boxes, etc.). b. With no maximum total raceway length located within a building interior when the flex is located in concealed locations. 3. Flexible Steel conduit shall not exceed 1-1/2 inches in size. 4. Connectors for flexible metal conduit shall be made of steel, and of the types which threads into convolutions of conduit. Connectors for watertight flexible metal conduit shall be as required for installation and shall be installed to provide a watertight connection. 5. Exposed conduit shall be installed vertically and horizontally following the general configuration of the equipment, using cast threaded hub conduit fittings where required and shall be clamped to equipment with suitable iron brackets and one hole pipe strap. 6. Conduit shall be concealed unless otherwise indicated. Conduits exposed to view, except those in attic spaces and under buildings, shall be installed parallel or at Fire Alarm System Replacement February 12, 2015 Lubbock Preston Smith International Airport 26 0533 - 3 Addendum No. 1 m' right angles to structural members, walls, or lines of building. Conduits shall be installed to clear access openings. 7. Radius of each conduit bend or offset shall be as required by ordinance. Bends and offsets shall be performed with standard industry tools and equipment or may be factory fabricated bends or elbows complying with requirements for radius of bend specified. Heating of metallic conduit to facilitate bending is not permitted. Public telephone conduit bends and offsets shall be provided with a radius which is not less than ten times trade size of conduit unless otherwise permitted. Refer to underground installation, specified in this section, for radius of bends and offsets required for underground installations. 8. Expansion Joints/Seismic Separations/Separations between buildings/Locations Indicated: Provide Thomas & Betts XJG-TB, O-Z Electrical Mfg. Co. Inc. Type AX with bonding strap and clamps, Crouse Hinds XJGD, or equal. At exterior locations, provide Thomas & Betts XJG-TB, O-Z Electrical Mfg. Co. Inc. Type EX, Crouse Hinds XJGD, or equal. Provide Crouse Hinds, Thomas & Betts, or O-Z Electrical Mfg. Co. Type AXDX, or equal Combination Deflection/Expansion Fittings at all seismic separations. Provide manufactures internal and external Bonding Jumpers at all locations. Liquid -tight flexible conduit shall not be approved at expansion joints or seismic separations. 9. Where conduits are terminated in groups at panelboards, switchboards, and signal cabinets, etc., provide templates or spacers to fasten conduits in proper position and to preserve alignment. Conduits terminating at signal cabinets shall only enter cabinets in the following locations: a. Conduits entering top, side, and bottom of cabinets shall be aligned in a single row, centered two inches from rear of cabinet. b. Conduits entering back of cabinet shall be aligned in a single row centered two inches from top of cabinet. C. Conduits shall not be spaced closer than three inches on centers. 10. Conduits above metal lath ceilings shall be rigidly suspended with pipe hangers or pipe racks or shall be secured to superstructure with factory fabricated pipe straps. Conduits in metal lath or steel stud partitions shall be tied to furring channels or studs. In ceiling spaces and in partitions, tie wires shall be spaced not more than 5 feet apart, shall fasten conduit tight against channels and studs at point of tie and t- shall not support any of conduit weight. Tie wire shall be 16 gage galvanized double annealed steel. 11. Where auxiliary supports, saddles, brackets, etc., are required to meet special conditions, they shall be fastened rigid and secure before conduit is attached. 12. Conduit in ceiling spaces, stud walls, and under floors, shall be supported with . r factory fabricated pipe straps or shall be suspended with pipe hangers or pipe racks. Pipe straps shall be attached to and shall fasten conduit tight at point of support against ceiling and floor joists, rafters, and wall studs, or two-inch x four - inch headers fitted between joists or wall studs. 13. Conduits installed on exposed steel trusses and rafters shall be fastened with factory fabricated conduit straps or clamps, which shall fasten conduit tight against supporting member at point of support. Fire Alarm System Replacement February 12, 2015 Lubbock Preston Smith International Airport 26 0533 - 4 Addendum No. 1 14. Conduits installed under buildings shall be strapped with factory fabricated conduit straps to underside of concrete floor or joists, or wood floor joists, or shall be suspended with pipe hangers or pipe racks. Conduits under building are not permitted to be placed directly on grade; they shall be suspended from building or shall be buried below surface or ground. 1-1/4 inch and larger conduits under buildings shall be installed with conduit hangers or racks. 15. Factory fabricated pipe straps shall be one or two -hole formed galvanized clamps, heavy-duty type, except where otherwise specified. 16. Conduits shall be supported at intervals required by code, but not to exceed ten feet. One inch and smaller exposed conduits shall be fastened with one -hole malleable iron straps. Perforated straps and plumber's tape is not permitted for the support of conduits. 17. Conduits stubbed up through a roof or an arcade shall be flashed with a waterproof flashing. 18. Bushings and locknuts for rigid steel conduit shall be steel threaded insulating type. Setscrew bushings are not permitted. 19. Flex conduits shall be cut square and not at an angle. B. Concrete Walls, Beams, and Floors: Provide sleeves where conduits pierce concrete walls, beams, and floors, except floor slabs on grade. Sleeves shall provide 1/2 inch clearance around conduits. Sleeves shall not extend beyond exposed surfaces of concrete and shall be securely fastened to forms. Where conduits pass through walls below grade, seal with required sealant and backer materials between conduit and sleeve to provide a watertight joint. 3.2 IDENTIFICATION A. Paint all fire alarm boxes orange and fire alarm conduit orange for a 6 inch section every 30 inches. 3.2 STUBS A. Panels: Install two one inch conduits from each flush mounted panelboard to access under floor space and to access above ceiling space where these conditions occur. Cap conduits with standard galvanized pipe caps. B. Floor: At points where floor stubs are indicated in open floor areas, for connections to machines and equipment, conduits shall be terminated with couplings, tops flush with finished floor. Stubs shall extend above couplings the indicated distance. Where capped stubs are designated, couplings shall be closed with cast iron plugs with screw drive slots. 3.3 PROTECTION A. Protect the Work of this section until Substantial Completion. 3.4 CLEANUP A. Remove rubbish, debris and waste materials and legally dispose of off the Project site. END OF SECTION Fire Alarm System Replacement Lubbock Preston Smith International Airport Addendum No. 1 February 12, 2015 i 26 0533 - 5 I LJ SECTION 28 3100 FIRE DETECTION AND ALARM PART 1 - GENERAL 1.01 SUMMARY A. This section of the specification includes all labor, equipment, materials, connections, testing, and performance of operations for the installation and connection of an intelligent reporting, microprocessor controlled, addressable, fire alarm system. The fire alarm system shall consist of fire alarm control panel or networked nodes of the same make and UL-listed for the application, and includes, but is not limited to, alarm initiating devices, alarm notification appliances, control panels, auxiliary control devices, annunciators, power supplies, and wiring as shown on the drawings and specified herein. 1.02 SYSTEM REQUIREMENTS A. Fire detection system shall continually supervise and monitor the following initiating, signaling, and monitoring circuits including, but not limited to, the following: 1. Manual fire -pull stations. 2. Smoke and heat detectors. 3. Duct detectors. 4. Alarm signaling circuits including alarm speakers, horns and visual alarm units. 5. Annunciators. 6. Power supplies and batteries. 7. Interconnection with kitchen fire suppression systems, and security system equipment to automatically unlock doors, and elevator equipment for control of recall function. B. The system shall be designed such that each signaling line circuit (SLC) is limited to only 70% of its total capacity at initial installation. C. System controls shall be UL listed for power limited applications in accordance with the National Electrical Code. D. The fire alarm devices and equipment shall be listed for installation for the fire alarm control panel to which they are being connected. E. All work shall be installed in accordance with all applicable codes and design standards including NFPA 72 and local City of Lubbock ordinances. 1.03 CERTIFICATION A. Certification: Installation of fire alarm system shall not begin until Shop Drawings, including fire alarm component product data, are submitted and reviewed by the AHJ and the Engineer. 1.04 PERFORMANCE A. System shall be fully programmable, configurable, and expandable in the field without special tools or PROM programmers and shall not require replacement of memory ICs. LUBBOCK INTERNATIONAL AIRPORT Addendum No. 1 February 12, 2015 FIRE DETECTION AND ALARM 28 3100-1 Installer shall provide a CD of system installed software, site specific system programming and information and tools required to re -program or modify the system. B. Alarm, trouble and supervisory signals from all intelligent reporting devices shall be encoded on NFPA Style 6 Signaling Line Circuits (SLC). C. Notification Appliance Circuits (NAC) shall be wired Class B. 1.05 SYSTEM FUNCTIONAL OPERATION A. When a fire alarm condition is detected by one of the system alarm initiating devices, the following functions shall occur: 1. System alarm LED shall flash. 2. Local sounding device in panel shall be activated. 3. The LCD display shall indicate type of device, custom label location label and point status alarm condition. 4. Appropriate change of status message shall be transmitted to remote annunciator(s). 5. Automatic programs assigned to alarm point shall be executed and associated indicating devices and relays activated. 6. In the event of a fire alarm condition the Public Address System shall be disabled. B. Provide necessary hardware and labor for a complete and tested interfacing of the fire alarm system with the security system; automatically locked doors shall release after a 15-second delay upon alarm activation. C. Trouble and Supervisory Conditions. 1. When any trouble condition is detected the following functions shall occur: a. System trouble LED shall flash. b. Local sounding device in panel shall be activated. C. The LCD display shall indicate the type of trouble and custom label location associated with the trouble condition and its location. Unacknowledged alarm messages shall have priority over trouble messages. If such an alarm is displayed, then trouble messages shall not be displayed. d. Appropriate message shall be transmitted to remote annunciators. D. When any supervisory condition occurs the following function shall occur: 1. System supervisory LED shall flash. 2. Local sounding device in panel shall be activated. 3. Appropriate message shall be transmitted to remote annunciators. E. Activation of control panel ACKNOWLEDGE switch in response to a single new alarm, trouble or supervisory condition shall silence panel sounding device and change system alarm, trouble, or supervisory LED from flashing to steady -ON. If additional new alarm, trouble, or supervisory conditions exist in the system; activation of this switch shall advance display to next alarm, trouble, or supervisory condition that exists, and shall not silence local audible device or change LED to steady until new conditions have been so acknowledged. New alarm conditions shall always be displayed before new trouble conditions. Occurrence of a new alarm, trouble, or supervisory condition shall cause panel to resound, and sequences as described above, shall repeat. LUBBOCK INTERNATIONAL AIRPORT Addendum No. 1 February 12, 2015 FIRE DETECTION AND ALARM 28 3100-2 H L F. Activation of the signal silence switch shall cause appropriate notification (indicating) appliances and relays to return to normal condition. Selection of notification appliance circuits and relays silenced by this switch shall be fully programmable. G. Activation of system reset switch shall cause electronically latched initiating devices or zones, as well as associated output devices and circuits, to return to normal condition after sixty seconds of alarm. If alarm conditions exist in system after system reset switch activation, system shall then re -sound alarm conditions as indicated hereafter. H. Activation of lamp test switch shall turn on LED indicators, LCD display, and local sounding device in panel, and then return to previous condition. I. Fire alarm indicating appliances may be silenced or extinguished, after one minute, by operating signal silence switch at the FACP or by use of key supervised alarm silence switch at remote annunciators. A subsequent zone alarm shall reactivate signals. J. Elevator lobby, machine room and hoistway smoke detectors shall, in addition to operations listed above, cause elevator cars to be recalled as follows: 1. Elevator cars shall be recalled to main level of egress through the use of a primary recall interface relay. 2. Elevator cars shall be recalled to predetermine alternate level if main lobby smoke detector is activated. 3. Fire Fighter's hat light indicator in elevators shall provide visual warning when elevator lobby, machine room, and hoistway smoke detectors are activated. K. System's circuits including but not limited to initiation, indicating, and equipment interfacing shall be monitored for open or short circuit and ground fault conditions, these conditions shall be indicated on the Fire Alarm Control Panel and Annunciator displays while remaining circuits continue to operate normally. L. Notification appliance circuits shall be silenceable for testing purposes by authorized persons. Protected pass -codes, keys, or another secure method that does not require entering into the system programming shall be used. 1.06 POWER REQUIREMENTS A. The fire alarm control panel and remote power supply shall receive 120 VAC power, 60 Hz, through a dedicated 20 amps circuit. Circuit breaker protection for the dedicated fire alarm power circuits shall be equipped with a handle lock -on device; the breaker handle shall be colored red and labeled "FIRE ALARM". Clearly label the Electrical panel name, location and circuit number on the inside of the fire alarm control panel and remote power supplies using a p-touch style labeling system. Transient voltage surge suppression shall be provided at the 120VAC input terminal. B. System shall be provided with sufficient battery capacity to operate entire system upon loss of normal 120 VAC power, in a normal quiescent mode, for a period of 24 hours with 15 minutes of alarm indication at end of this period. System shall automatically transfer to standby batteries upon power failure. Battery charging and recharging operations shall be automatic. Batteries, once discharged, shall recharge at a rate to provide a minimum of 70 percent capacity in 12 hours. C. Circuits requiring system operating power shall be 24 VDC and shall be individually protected at control panel. 1.07 SUBMITTALS A. Provide in accordance with Division 01. February 12, 2015 t - LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM Addendum No. 1 28 3100-3 B. Component Plan Submittal: Availability and listing for its application shall be verified for system components before presentation of the submittal. Include the following information and details as applicable: 1. Installer name, address, telephone number. 2. List of system components, equipment and devices, including manufacturer model numbers. 3. Copies of manufacturer specification sheets for equipment and devices indicated. Highlight or identify the specific components on Catalog cut sheets. 4. Voltage Drop Calculations: Include the following information for the worst case: a. Point-to-point or Ohms law calculations. b. Zone used in calculations. C. Voltage drop percent. Voltage drop shall not exceed manufacturer's requirements. If voltage drop exceeds ten percent, indicate manufacturer , listed operating voltage ranges for equipment and devices. -' 5. Battery types, amp hours, and load calculations including the following: a. Normal operation: 100 percent of applicable devices for 24 hours to equal control panel amps plus list of amps per device that draw power form the panel during standby power condition including, but not limited to, zone modules, detectors and devices as identified. b. Alarm condition: 100 percent of applicable devices for fifteen minutes to equal control panel amps plus list of amps per device that draw power from panel during alarm condition including, but not limited to, the following: 1) Zone modules. 1 2) Signal modules. 3) Detectors. 4) Signal devises. 5) Annunciator. 6) Other devices as identified. C. Normal operation plus alarm operation load calculation shall include total amp hours required and total amp hours provided. 6. Provide one copy of testing procedures. ) C. Shop Drawings: Provide Shop Drawings, in the same size as the design drawings, include the following:- 1. Provide drawing scale, elevations of system enclosures, and actual layout of the Fire Alarm Control Panel, power supply, annunciator, and main system components. 2. Complete battery calculations, and voltage drop calculation shall be included; these calculations shall be based on the devices maximum UL current rating. 3. One -line drawing for the entire system network indicating system components and wiring. The one line diagram shall show but not be limited to panel to panel interconnections, conductors gage and quantity, conduit size and type (designation) and specific function. 4. System panel one -line drawings indicating the quantity and type (designation) of conductors entering and exiting the fire alarm terminal cabinet in each building LUBBOCK INTERNATIONAL AIRPORT Addendum No. 1 t; February 12, 2015 FIRE DETECTION AND ALARM 28 3100-4 (enclosure) for initiating, notification, or other command control functions required for complete system operation: a. Individual floor or building plan view drawings indicating device locations including end of line resistors "EOLR" in accordance with the legend provided. b. Individual point addresses for initiation and notification devices. C. Device "typical" wiring diagrams. These drawings shall indicate specific termination details for peripheral equipment and interface devices. 5. Provide interfacing with equipment furnished by others including voltages, and other required coordination items. Refer to 3.01-B. 6. Shop Drawings shall be prepared in the latest version of AutoCAD. 7. Submit a CD ROM electronic copy along with full sized Shop Drawings. D. Prior to Substantial Completion submit to the Architect or Engineer of Record and to Owner Authorized Representative (OAR) a complete updated set of the Shop Drawings showing changes made to the Fire Alarm System during construction. These drawings will become the System As -Built Drawing set for the Fire Alarm System Owner's Manual. 1.08 QUALITY ASSURANCE A. Installer shall have successfully completed at least five projects of equal scope in the past five years, and have been in business of furnishing and installing fire alarm systems of this type for at least five years. B. Installer shall be a factory authorized distributor and service provider for the brand of equipment offered and shall provide documentation to the Architect upon request. C. Installer shall maintain a fully equipped service organization capable of furnishing repair service to the equipment and shall maintain a spare set of major parts for the system at all times. D. Installer shall furnish a letter from manufacturer of equipment certifying equipment has been installed according to factory standards and that system is operating properly. E. Certifications: Installer shall submit certification from the equipment manufacturer indicating that installer is an authorized representative of the equipment manufacturer and is trained on network applications. F. Materials and equipment installed shall be new. G. Equipment in this specification shall be furnished and installed by the Authorized Factory Distributor of the equipment. Furnish a letter from the manufacturer of major equipment, which certifies that the installer is an authorized distributor and that the equipment has been installed according to factory intended practices. Furnish a written guarantee from the manufacturer that they will have a service representative assigned to this area for the life of the equipment. H. The fire alarm contractor shall have a NICET II Certified Technician on staff in their facility directly involved with this project to ensure technical expertise to this project and adherence with these specifications. I. System startup and testing shall be performed under the direct observation of the OAR. Provide a legible half size reproduction of the original completed fire alarm red -line drawings (this copy will be retained by the Owner), an accurate copy of the fire alarm system points list, and a copy of the construction drawings on CD in AutoCad format. J. At the time of installation the most current software package available shall be provided. u K. Provide at the time of Owner Acceptance of the installation, equipment, and updated software which is to include the appropriate operating system, pass -codes, electronic (L February 12, 2015 LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM Addendum No. 1 28 3100-5 �.J keys and program disks, manuals and cables employed in the installation of the system. These components shall be delivered to the OAR. L. Provide a backup copy of the most current software revision, in disk format. This copy shall be delivered to the OAR. M. A software license agreement shall be made available for the responsible Owner representative to sign at the time of training. 1.09 WARRANTY A. All work performed and all material and equipment furnished under this contract shall be free from defects and shall remain so for a period of at least one (1) year from the date of acceptance. The full cost of maintenance, labor and materials required to correct any defect during this one year period shall be included in the submittal bid. B. Complete maintenance and repair service for the fire alarm system shall be available from a factory trained authorized representative of the manufacturer for a period of five years after expiration of the warranty. PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Fire alarm equipment shall be standard products of the Notifier Co., Cooper Notification (Safepath), Potter Electric Signal Co., or approved equal. In order to comply with "approved equal" status, submit a request for substitution. Follow, the substitution procedures as described in Specification 016000, Section 3.1. B. Catalog and model numbers listed are intended to establish type and quality of equipment and system design as well as operating features required. Deviations from intended functions of specified system are not permitted. Substitution requests will be considered in accordance with Div. 01 of the specifications. Equipment shall not be ordered or installed until such equipment has been reviewed and approved by the Engineer. C. Products specified below are based on Notifier and Cooper Notification system components. 2.02 FIRE ALARM CONTROL PANEL (FACP) OR NETWORK NODES A. Furnish Notifier Model No. NFS2-3030 Fire Alarm Control Panel as indicated on drawings. B. Operator Control: 1. Acknowledge Switch: Activation of the control panel acknowledge switch in response to new alarms and/or troubles shall silence the local panel piezo electric signal and change the alarm and trouble LEDs from flashing mode to steady -ON mode. If multiple alarm or trouble conditions exist, depression of this switch shall advance the LCD display to the next alarm or trouble condition. In addition, the FACP shall support Block Acknowledge to allow multiple trouble conditions to be acknowledged with a single depression of this switch. Depression of the Acknowledge switch shall also silence all remote annunciator piezo sounders 2. Signal (Alarm) Silence Switch: Activation of the signal silence switch shall cause programmed alarm notification appliances and relays to return to the normal condition after an alarm condition. The FACP software shall include silence inhibit and auto -silence timers. LUBBOCK INTERNATIONAL AIRPORT Addendum No. 1 February 12, 2015 FIRE DETECTION AND ALARM-� 28 3100-6 r- 3. Alarm Activate (Drill) Switch: Alarm activate switch shall activate notification appliance circuits. The drill function shall latch until the panel is silenced or reset. 4. System Reset Switch: Activation of the System Reset switch shall cause electronically -latched initiating devices, appliances or software zone, as well as associated output devices and circuits, to return to their normal condition. 5. Lamp Test Switch: Switch shall activate local system LEDs, light each segment of the liquid crystal display and display the panel software revision for service personnel. C. System Capacity and General Operation 1. The control panel or each network node shall provide, or be capable of expansion, of up to 10 SLC modules, to a maximum capacity of at least 3180 intelligent, addressable devices. 2. The control panel or each network node shall include Form-C alarm, trouble, supervisory, and security relays rated at a minimum of two amps at 30 VDC. It shall also include four Class B (NFPA Style Y) or Class A (NFPA Style Z) programmable Notifications Appliance Circuits. 3. The control panel or each network node shall support up to 12 output modules for a total of 96 circuits. Programmable notification appliance circuits shall be class B. 4. The system shall include a full featured operator interface control and annunciation panel that shall include a backlit Liquid Crystal Display (LCD), individual color coded system status LEDs, and an alphanumeric keypad with easy touch rubber keys for the field programming and control of the fire alarm system. 5. The system shall be programmable, configurable, and expandable in the field without the need for special tools or PROM programmers. PC based programmers are acceptable as a means for programming the system. It shall not require replacement of memory ICs to facilitate programming changes. 6. The system shall allow the programming of any input to activate any output or group of outputs. The FACP shall support up to 20 logic equations, including "and" "or" and "not", or timed delay equations to be used for advanced programming. Logic equations shall require the use of a PC with software utility designed for programming. 7. The FACP or each network node shall provide the following features: a. Drift compensation to extend detector accuracy over life. Drift Compensation shall also include a smoothing feature, allowing transient noise signals to be filtered out. b. Detector Sensitivity tests, meeting requirements of NFPA 72 Chapter seven. C. Maintenance alert, with two levels (maintenance alert or maintenance urgent), to warn of excessive smoke detector dirt or dust accumulation. d. Nine sensitivity levels for alarm, selected by detector. The alarm level range shall be 0.5 to 2.35 percent per foot for photoelectric detectors and 0.5 to 2.5 percent per foot for ionization detectors. The system shall also support sensitive advance detection laser detectors with an alarm level range of 0.03 percent per foot to one percent per foot. The system shall also include up to nine levels of Pre- alarm, selected by detector, to indicate impending alarms to maintenance personnel. LUBBOCK INTERNATIONAL AIRPORT Addendum No. 1 February 12, 2015 FIRE DETECTION AND ALARM 28 3100-7 e. Circuit boards, programming, and interconnecting cables to enable the system to display or print system reports. f. Alarm verification, with counters and a trouble indication to alert maintenance personnel when a detector enters verification 20 times. g. Rapid manual station reporting (less than three seconds) shall meet NFPA 72 Chapter one requirements for activation of notification circuits within ten Seconds of initiating device activation. h. Periodic detector test, conducted automatically by the software. i. Self -optimizing pre -alarm for advance fire warning, which allows each detector to learn its particular environment and set its pre -alarm level to just above normal peaks. j. Cross zoning with the capability of counting: two detectors in alarm, two software zones in alarm, or one smoke detector and one thermal detector. k. Walk test, with a check for two detectors set to same address. I. Control -by -time for non -fire operations, with holiday schedules. M. Day or night automatic adjustment of detector sensitivity. n. RS 232 serial port to support a District supplied printer to be used for silent testing and certification of the system. 8. The FACP shall be capable of coding main panel(s) node notification circuits in temporal code. The panel shall also provide a coding option that will synchronize specific strobe lights designed to accept a specific "sync pulse". 9. Network Communication: a. The network architecture shall be based on a Local Area Network (LAN), a firmware package that utilizes a peer -to -peer, inherently regenerative communication format and protocol. The protocol shall be based on ARCNET or equivalent non-proprietary protocol. b. Failure of any node shall not cause failure or communication degradation of any other node or change the network communication protocol among surviving nodes located within distance limitations. C. Each network node address shall be capable of storing Event Equations which shall be used to activate outputs on one network node from inputs on other network nodes. D. System Display: 1. Utilize the 640-character display option. The design of the CPU shall provide for a configuration with the 640-character display mounted on the front of the unit in place of the standard 80-character display. 2. The 640-character display shall provide the controls and indicators used by the system operator: The 640 character display shall include the following operator control switches; Acknowledge, Alarm, Silence, Alarm Activate (drill), System Reset and Lamp Test. 3. The display shall annunciate status information and custom alphanumeric labels for intelligent detector, addressable modules, internal panel circuits, and software zones. 4. The 640-character display shall provide ten Light -Emitting -Diodes (LEDs) that indicate the status of the following system parameters: AC Power and Network February 12, 2015 LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM `- Addendum No. 1 28 3100-8 E _i Communication, Fire Alarm, Pre alarm Warning, Security Alarm, Supervisory Event, System Trouble, Alarm Silence, Disabled Points, CPU failure. 5. The 640-character display shall use ten "soft' keys for screen navigation or to accomplish dedicated programming functions. Full programming access shall require use of a laptop and the proper programming utility. The programming utility shall be provided to the OAR who will forward it to the local maintenance area representative. 6. The system shall support the display of battery charging current and voltage on the LCD display. E. Network Control Annunciator (NCA-2): 1. When a networked system is installed a network controlled annunciator shall be provided to display system intelligent points. The NCA-2 shall be capable of displaying information for all possible points on the network. 2. The NCA-2 shall include a minimum of 640 characters, backlit by a long life, solid-state LCD display. Additionally, the network display shall include ten soft keys for screen navigation and the ability to scroll events by type. i.e. Fire Alarm, Supervisory Alarm, Trouble, etc. 3. The NCA-2 shall have the ability to display up to eight events in order of priority and time of occurrence. Counters shall be provided to indicate the total number of event by type. 4. The NCA-2 shall mount in a Notifier ABS-2DB or equal box; provide the NCA-2 with a key enable or disable switch for the network node fire alarm control panels. The network display may mount in a backbox designed for this use. The network shall support the NCAs. 5. The network control annunciator shall have an event history buffer capable of storing a minimum of 1000 events in nonvolatile memory. Additionally, the NCA- 2 shall have a fire alarm history buffer capable of storing a minimum of 200 events in nonvolatile memory. 6. The NCA-2 shall include two EIA-232 ports for UL864 listed printers and CRT's. 7. The NCA-2 shall include control switches for system wide control of Acknowledge, Signal Silence, System Reset, Drill, and local Lamp Test. A mechanical means, by which the controls switches are locked out, such as a key, shall be provided. 8. The NCA-2 shall include long life LEDs to display Power, Fire Alarm, Pre -Alarm, Security Alarm, System Trouble, Supervisory, Signals, Silenced, Disabled Prints, other (non -fire) Events, and CPU Failure. 9. The NCA-2 shall include a Master Password and up to nine user Passwords. The Master password shall be required to access the programming and alter status menus. Each User password may have different levels of authorization assigned by the Master password. Passwords installed into the NCA-2 shall be made available to the OAR who will forward them to the local maintenance area representative. 10. The NCA-2 shall allow editing of label for points within the network, control on or off of outputs, enable or disable of network points, alter detector sensitivity, clear X detector verification counters for any analog addressable detector within the network, clear any history log within the network, change the Time or Date settings, initiate a Walk Test. 11. The NCA-2 shall include a time of day clock. February 12, 2015 LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM Addendum No. 1 28 3100-9 _z 12. Each NCA-2 shall support 80-character remote display annunciators for displaying network activity. These "Terminal Mode" displays will mimic the activity appearing on the corresponding NCA. There shall be only one annunciator or control system consisting of components manufactured by one manufacturer for the fire alarm system. F. Signaling Line Circuits (SLC): 1. Each FACP or FACP network node shall support a minimum of ten SLC's. Each SLC interface shall provide power to and communicate with up to 159 intelligent detectors (ionization, photoelectric or thermal) and 159 intelligent modules (monitor or control) for a loop capacity of 318 devices. 2. CPU shall receive analog information from intelligent detectors to be processed to determine whether normal, alarm, pre -alarm, or trouble conditions exist for each detector. The software shall automatically maintain the detector's desired sensitivity level by adjusting for the effects of environmental factors including the accumulation of dust in each detector. The analog information shall also be used for automatic detectors testing and for the automatic determination of detector maintenance requirements. G. Enclosures: 1. The control panel shall be housed in a UL-listed cabinet suitable for surface or semi -flush mounting. The cabinet and front shall be corrosion protected, given a rust -resistant prime coat, and manufacturer's standard finish. 2. The back box and door shall be constructed of 0.030 steel with provisions for electrical conduit connections into the sides and top. 3. The supplied door shall include a key lock and shall include glass or other transparent opening for viewing of indicators. For convenience, the door may be site configured for either right or left hand hinging. H. Power Supply: 1. An off-line switching power supply shall be available for the fire alarm control panel or network node and provide 4.5 amps for NFS2-3030. 2. Provisions shall be made to allow the audio-visual power to be increased as required by adding modular expansion audio-visual power supplies. 3. Over -current protection shall be provided on power outputs. The power supply shall provide an integral battery charger. Battery arrangement may be configured in the field. 4. The power supply shall continuously monitor field wires for earth ground conditions, and shall have the following LED indicators: a. Ground Fault LED. b. AC Power Fail LED. C. NCA-2 on LED (4). 5. The main power supply shall operate on 120 VAC, 60 Hz, and shall provide power for the FACP or network node(s). 6. The main power supply shall provide a battery charger using dual rate charging techniques for fast battery recharge and be capable of charging batteries up to 60 AH for the NFS-640 and 200 AH for the NFS2-3030. 2.03 REMOTE ANNUNCIATORS LUBBOCK INTERNATIONAL AIRPORT Addendum No. 1 ,f February 12, 2015 j FIRE DETECTION AND ALARM 28 3100-10 r { 3 A. A non -networked fire alarm system annunciator is required when there is only one FACP in the system. Provide a Notifier Model LCD-80TM, or LCD-160 alphanumeric display remote annunciator, or equal. A Network annunciator is required for any system that contains more than one fire alarm control panel (FACP) or network node. Provide a Notifier Model NCA-2 alphanumeric display remote annunciator, or equal. Display shall be back lit and be furnished with a maximum of 20 characters of 4 lines for the LCD-80, or 80TM and 40 characters on 16 lines for the LCD-160 or NCA-2. Provide the following functions: 1. Control switches for system acknowledge, signal silence and system reset via a touchpad. 2. Time and date display field. 3. Local piezo sounder with alarm or trouble resound. 4. On-line green LED (flashing). 5. Evacuation and drill switches, via a touchpad. 6. Pre -signal hold via a touchpad. 7. System test at control panel. B. Following additional features shall be furnished: 1. Device Fire Annunciation. 2. Device Trouble Annunciation. 3. System Operation Annunciation. 4. "Power On" LED. 2.04 POWER SUPPLIES A. Remote Notification Appliance Circuit (NAC) extender power supplies shall be Notifier No. FCPS-24S6 or FCPS-24S8, or equal. Unit shall be furnished with main printed circuit board, transformers, lockable cabinet, and batteries. Unit shall be configured to drive 4 notification appliance circuits. The remote power supplies shall be configured with a monitor module to report trouble conditions to the controlling FACP via an SLC. Triggering of NAC inputs shall be directly controlled from the FACP without the use of addressable control or relay modules. 2.05 PERIPHERAL DEVICES AND EQUIPMENT A. Manual Stations: Interior Use: Station shall be Notifier, Model No. NBG-12XL or equal, addressable semi -flush, type. Stations shall be suitable for surface mounting on matching backbox SB-10 or SB-I/O; or semi -flush mounting on a standard single -gang, double -gang, or 4" (10.16 cm) square electrical box B. Smoke Detectors: Smoke Detectors shall be Notifier Model No. FAPT-851 or equal, addressable smoke detectors. Provide base Model No. B710LP. Detector shall be microprocessor based, using a combination of photoelectric, and thermal sensing �,. technologies. C. Automatic Heat Detectors shall be combination rate -of -rise and fixed -temperature type. When fixed -temperature portion is activated, units shall provide visual evidence of such operation (LED). Addressable Heat detectors shall be Notifier Model No. FST-851 R or equal. Provide base Model No. B-710LP. D. Duct Smoke Detectors: Duct smoke detectors shall be Notifier Model No. FSD- 751 RPL(A) or FSD-751 PL(A) or equal, and shall be of solid state photoelectric type and shall operate on light -scattering photodiode principle. February 12, 2015 - LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM Addendum No. 1 28 3100-11 E. Monitor Modules: 1. Monitor module shall be Notifier Model No. FMM-1(A), or equal. Module shall connect a supervised zone of conventional initiating devices, N.O. dry contact devices, including four -wire smoke detectors, to one of SLC loops. Monitor module shall install in a four -inch square by 2 1/8-inch deep electrical box. 2. Monitor module shall provide address -setting means using rotary decimal switches and shall store an internal type of device. An LED shall be provided which shall flash under normal conditions indicating that monitor module is operational and in regular communication with control panel. F. Control Modules: 1. Control module shall be Notifier Model No. FCM-1, or equal. Module shall be used to connect a conventional indicating appliance or MR type isolation relay to one of the SLC loops. Control module shall install in a standard four -inch square by 2 1/8-inch deep electrical box. Audio or visual or relay power shall be provided by a separate loop from main control panel or from supervised remote power supplies. Provide Air Products PAM-3 Relay Model A77-716B (or equal power supervision relay to monitor 24 volt DC power. 2. Control module shall provide address -setting means using rotary decimal switches and shall store an internal identifying code which control panel shall use to identify type of device. An LED shall be provided which shall flash under normal conditions, indicating that control module is operational and in regular communication with control panel. G. Relay Modules: 1. Relay Module shall be Notifier FRM-1 the module shall provide as a minimum one set of form "C" dry contacts. 2. Provide a buffer relay that is part of the control system if controlled circuit(s) exceeds the voltage or current rating of the relay module. 3. Relays used to interface control of other systems shall be electrically supervised and shall only be wired in a fail-safe mode of function during a power failure. H. Isolator Modules: Isolator module shall be Notifier, Model No. ISO-X, (or equal. Module shall isolate wire -to -wire circuits on an SLC loop in order to limit number of other modules or detectors that are incapacitated by short circuit fault. If a wire -to -wire short occurs, isolator shall automatically open -circuit SLC loop. When short is corrected, isolators shall automatically reconnect isolated section of SLC loop. 2. Isolator module shall not require address setting, although isolators will electrically reduce capacity of loop by two detectors or module addresses. Isolator module will install in a standard 4-inch deep electrical box. It shall include a single LED that shall flash to indicate that isolator is operational and shall illuminate steadily to indicate that a short has been detected and isolated. Horns and Strobes: Horns and strobes shall be products of the same manufacturer. In order to establish a standard of quality, items are specified from the products manufactured by System Sensor, acceptable manufacturers are Honeywell, Wheelock Inc., Gentex or approved equal. Products specified below are based on Cooper Wheelock components. Alarm horns shall be Wheelock Exceeder HN series or equal, and shall be polarized and operated by 24 VDC. Entire unit shall be red finish. Horn assemblies shall be furnished with separate wire leads for in or out wiring for legs LUBBOCK INTERNATIONAL AIRPORT Addendum No. 1 February 12, 2015 FIRE DETECTION AND ALARM 28 3100-12 of associated signal circuits. T tapping of signal device conductors to signal circuit conductors is not permitted. Suitable gaskets shall be provided for weatherproof installation. Horns shall provide a minimum sound pressure level of 99 dB at 10 feet. Horns shall be mounted on manufacturer's recommended outlet boxes. 2. Horn/strobe shall be wall mounted Wheelock Exceeder HS series; or equal. Horn/strobe shall operate on two separate two wire 24 VDC polarized circuits and shall be provided with a semi -flush mounting plate. Entire unit shall be red finish. Strobe light shall have a clear Lexan lens. The word "FIRE" shall be printed on the two sides of the strobe body. Horn shall provide a minimum sound output of 99 dB at 10 feet. The strobe shall provide a selectable minimum light intensity of 15, 30, 60, 75, 90, 110, 135, 150, or 185 Candela to meet or exceed requirements of UL 1971. Horn/Strobes shall be mounted on manufacturer recommended outlet boxes. 3. Strobe indicating appliances shall be Wheelock Exceeder ST series, or equal. Devices shall be UL listed and shall be wall -mounted. Entire unit shall be red finish. Strobe light shall have a clear Lexan lens. The word "FIRE" shall be printed on two sides of the strobe body. The strobe shall provide a selectable minimum light intensity of 15, 30, 60, 75, 90, 110, 135, 150, or 185 Candela as indicated on the Drawings to meet or exceed requirements of UL 1971. Strobes shall be mounted on manufacturer recommended outlet boxes. 2.06 VOICE EVACUATION SYSTEM A. Voice Evacuation System: The Voice Evacuation System shall be Wheelock Model No. SP40S SafePath 4 Communications System or equal. 1. The system shall be capable of delivering 40 watts of supervised audio power and 2 amps of supervised 24 VDC synchronized strobe power. Minimum supervised audio power shall be 40 watts, expandable to 5280 watts, depending on system configuration and with additional modules and power boosters. 2. Supervised 24 VDC synchronized strobe power shall be 2 amps, expandable to the requirements of the installation. 3. The system shall be capable of operating from a 120 VAC power source. 4. Form C contacts shall be provided for system alarm and trouble conditions. 5. The system shall have 8 message contacts with contact closure activation. 6. The system shall be supplied with 8 pre-recorded messages and be capable of in- field recording of customer unique messages. The system shall have a dual -tone tone generator with Code-3 Tone and Slow Whoop. 7. The panel shall have power -limited circuitry with an internal battery charger and power supply. Batteries larger than 12 Ah shall be housed in a separate enclosure such as the Cooper Wheelock BATC or equivalent. 8. The system shall have power limited circuitry and class B wiring. Wiring terminal blocks will be removable and accept #22 - #12 AWG wire. 9. Audio output voltage shall be selectable for 25V or 70.7V. The voice (live microphone or recorded message) frequency response shall be 275 Hz — 6.5 kHz, background music frequency response shall be 100 Hz - 15 kHz. 10. Stand by current draw shall be 140mA. Alarm current draw shall be 4.7 amps. 11. The signal to noise ratio shall be better than 65 dB, Dynamic range shall be better than 65 dB, Total harmonic distortion shall be less than 2%. t February 12, 2015 LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM Addendum No. 1 28 3100-13 12. The system shall be wall mountable, enclosed in a steel locking enclosure. B. Audio Booster Amplifiers: Audio booster amplifiers shall be Wheelock Model No. SPB- 80/4, SPB-160, or SPB-320. 1. Audio Boosters shall be NFPA compliant supervised amplifiers with synchronized 24VDC strobe power capability and 24VDC battery backup capabilities. 2. The audio section of the booster shall be connected via a selectable 70V or 25V input from the Wheelock SP40S. 3. The boosters shall have power -limited circuitry and be a class D amplifier with an internal battery charger and power supply. 4. The voice frequency response shall be 400 Hz — 6.5 kHz +/- 3 dB, the BGM frequency response shall be 275 Hz - 15 kHz +/- 3 dB. 5. Removable quick connect/disconnect terminals that accept 12 -22 AWG shall be used. Multiple LED's for easy indication of system diagnostic conditions shall be present on the PC board. 6. The Signal to Noise Ratio shall be > 70 dB, the dynamic range shall be > 65 dB, the Total Harmonic Distortion spec shall be 2%. 7. The booster shall be wall mountable, enclosed in a steel locking enclosure. C. Ceiling Mounted Speaker and Speaker/Strobe shall be Wheelock Model No. E60H. All speakers shall be field selectable for either 25 or 70 VRMS, with selectable power taps from 1/8 watt to 2 watts. All models shall have listed sound output of up to 87 dB at 10 feet and a listed frequency response of 300 to 8000 Hz. The speaker shall also incorporate a sealed back construction. All inputs shall employ terminals that accept #12 to #18 AWG wire sizes. The strobe portion of the appliance shall produce a flash rate of one (1) flash per second over the Regulated Voltage Range. The strobe shall be of low current design. Strobe intensity shall have field selectable settings and shall be rated per UL 1971 15/30/75/95cd or 115/177cd for ceiling mount. D. Wall Mounted Speaker and Speaker/Strobe Model No. E50H. All speakers shall be designed for a field selectable input of either 25 or 70 VRMS, with selectable power taps from 1/8 watt to 2 watts. All models shall have listed sound output of up to 87 dBA at 10 feet and a listed frequency response of 300 to 8000 Hz. The speaker shall incorporate a sealed back construction. All inputs shall employ terminals that accept #12 to #18 AWG wire sizes. The strobe portion of the appliance shall produce a flash rate of one (1) flash per second over the Regulated Voltage Range and shall be of low current design. Strobe intensity shall have field selectable settings and shall be rated per UL 1971 at 15/30/75/110cd or 135/185cd for wall mounting. 2.07 CONDUCTORS A. Network Cables or SLC or Annunciator Data or Audio Output Cables: The construction and physical characteristics such as aqua -seal water block, wire gage, insulation and jacket types, etc. shall not be altered. Equivalent cables must be specifically approved and recommended by the manufacturer of the fire alarm system equipment. Substitutions will require review from the Architect or Engineer of Record. B. The cable types listed below are based and specified on the recommendations of Notifier Fire Alarm Systems. If the submitted fire alarm system requires a different cable configuration with additional conductors, multi -conductor versus twisted pairs, etcetera than is specified above, request a substitution to supply and install the configuration of cables by the make and model of the fire alarm system that is to be installed. 1. Indoor Network and EVAC System Audio Output Circuit(s) applications shall be in conduit or in surface mounted raceway as indicated on drawings: West Penn No. LUBBOCK INTERNATIONAL AIRPORT Addendum No. 1 t _E February 12, 2015 FIRE DETECTION AND ALARM 28 3100-14 i e D980, one pair 18 gage solid copper, unshielded, Copolene 11 insulated and PVC jacketed, or equal. 2. Indoor SLC applications in conduit or in surface mounted raceway where it is indicated on drawings: West Penn No. D990, one pair 16 gage solid copper, unshielded, Copolene II insulated and PVC jacketed, or equal. 3. Indoor Annunciator applications in conduit or in surface mounted raceway where it is indicated on drawings: West Penn No. D975, one pair 18 gage solid copper, shielded, Copolene II insulated and PVC jacketed, or equal. 4. Outdoor or Underground Network Applications: West Penn AQ224, two -conductor 18 gage stranded copper, unshielded, water -blocked construction and PVC insulated, or equal. 5. Outdoor or Underground SLC applications: West Penn AQ225, 2-conductor 16 gage, AQ226, 2 conductor 14 gage, or AQ227, 2 conductor 12 gage stranded copper, unshielded water -blocked construction and PVC insulated, or equal. 6. Outdoor or Underground Annunciator applications: West Penn AQ293, 2 conductors, 18 gage stranded copper, shielded water -blocked construction and PVC insulated, or equal. PART 3 - EXECUTION 3.01 GENERAL A. Fire alarm system shall not be used for any purpose other than fire alarm functions. B. Fire alarm shall be interconnected but not limited to the following systems: 1. Systems required by code to be connected to the fire alarm systems. 2. Public address system for disabling audio output upon fire alarm event activation. 3. Ventilation systems where required for the purpose of fan shutdown 4. Damper control or smoke management systems. 5. Vent Hood fire suppression systems. 6. Elevator controls for the purpose of elevator cab Phase 1 recall control and circuit supervision. 3.02 SYSTEM INSTALLATION A. Provide and install conductors and conductor terminations to devices for a complete system to function as specified and indicated on Drawings. B. Splices are not allowed in junction boxes. Terminations shall be in terminal cabinets or on equipment terminals. C. Conductors shall be installed within conduits, boxes, and terminal cabinets. Unenclosed plenum rated wiring methods may be used in accessible concealed ceiling spaces and in wall/partition cavities. D. Furnish and install conductors required to connect incoming and outgoing circuits, including spare conductors, to terminal strips within terminal cabinets. E. Fasten equipment to structural members of building or metal supports attached to structure, or to concrete surfaces. F. In the event that limited energy cable installation is allowed, all cable runs shall be run at `- right angles to building walls, supported from structure at intervals not exceeding 3 feet E February 12, 2015 LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM Addendum No. 1 28 3100-15 and where installed in environmental air plenums, be rated for such use and tied/supported by components listed for environmental air plenums installation. G. Wiring within equipment and terminal cabinets shall be installed to conform to contract documentation and NFPA 72 standards, and shall be terminated on terminal blocks having terminals for required connections. Wiring shall be cabled, laced, and securely fastened in place so that no weight is imposed on equipment or terminals. H. Install required terminal blocks within terminal cabinets. Terminal blocks shall be installed on inside back of cabinets only, not on side. Incoming wiring shall be terminated on the left side of terminal blocks; outgoing wiring shall be terminated on the right side of the terminal blocks. I. Wiring within equipment and terminal cabinets shall be carefully strapped, and shall be formed in rectangular configuration. Wires shall be properly numbered in numerical order and shall maintain same number throughout the Project site. J. Complete installation shall comply with local building and fire codes and applicable provisions of the National Electrical Code, and NFPA 72 National Fire Alarm Code. K. Location of outlet boxes and equipment on Drawings is approximate, unless dimensions are indicated. Do not scale Drawings to determine locations and routing of conduits and outlet boxes. Location of outlet boxes and equipment shall conform to architectural features of the building and other Work already in place, and must be ascertained in the field before the start of Work. L. In order to identify a wire on both sides of a run, each wire shall be color coded with its own unique color. Solely relying ringing out or wire taps will not be acceptable. 3.03 TESTING A. Testing of fire detection system shall be as required by the local authority having jurisdiction. Installer is responsible for identifying required testing, coordinating, scheduling, and conducting tests before Substantial Completion. Testing shall include the following: 1. Operation of signal -initiating devices (smoke detectors, heat detectors, pull stations etc.). 2. Operation of indicating devices (alarm horns, alarm bells and alarm strobes). 3. Operation of system features under normal operation. Ll 4. Operation of system supervisory features. 5. Operation of system features on standby power, with primary power turned off. 6. Before energizing the cables and wires, check for correct connections and test for short circuits, ground faults, continuity, and insulation. 7. Close sprinkler system flow valves and verify proper supervisory alarm at the FACP. 8. Verify activation of flow switches. 9. Open initiating device circuits and verify that trouble signal actuates. 10. Open signaling line circuits and verify that trouble signal actuates. 11. Open and short notification appliance circuits and verify that trouble signal actuates. 12. Open and short (wire only) network communications and verify that trouble signals are received at network annunciators or reporting terminals. 13. Ground initiating device circuits and verify response of trouble signals. February 12, 2015 LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM ' Addendum No. 1 28 3100-16 E� �i 14. Ground signaling line circuit and verify response of trouble signals. 15. Ground notification appliance circuit and verify response of trouble signals. 16. Check alert tone to alarm notification devices. 17. Check installation, supervision, and operation of intelligent smoke detectors. 18. Alarm conditions that the system is required to detect shall be introduced on the system. Verify the proper receipt and the proper processing of the signal at the FACP and the correct activation of the control points. 19. When the system is equipped with optional features, consult the manufacturer manual to determine proper testing procedures. 20. Public Address systems for muting during the sounding of the audible notification appliances and voice evacuation announcements. B. Upon completion of installation of fire alarm equipment, provide to the OAR a signed, written statement confirming that fire alarm equipment was installed in accordance with the Specifications, Shop Drawings, instructions and directions provided by the manufacturer. C. Demonstrate in presence of the OAR that circuit and wiring tests are free of shorts and grounds and that installation performs as specified herein and within manufacturer's guidelines. D. Software Modifications: 1. Provide the services of a factory trained and authorized technician to perform system software modification, upgrades or changes. Response time of the technician to the Project site shall not exceed 24 hours. 2. Provide hardware, software, programming tools, and documentation necessary to modify the fire alarm network on the Project site. Modification includes: addition and deletion of devices, circuits, zones and changes to system operation and custom label changes for devices or zones. The system structure and software shall place no limit on the type or extent of software modification on -site. Modification of software shall not require power -down of the system or loss of system fire protection while modifications are being provided. E. Complete the inspection and testing form as required by NFPA 72, and submit one copy of the completed form to the Architect and to the AHJ. 3.06 SERVICE MANUALS A. Deliver to OAR, two copies of the service manuals. Each manual shall include the following: 1. Installation manuals, programming manuals and user manual if applicable for every control panel, control panel power supply, FACP input or output or relay or control module, auxiliary power supply, UDACT, remote NAC extender power supply, door holder power supplies, installed annunciators, initiating and indicating devices and addressable monitor, relay and control modules. Catalog cut sheets are not acceptable. 2. A printed copy of the system configuration as programmed, including system labeling codes, and passwords. j 3. An electronic copy on compact disk of the system configuration program 4. Final test report. 5. Detailed explanation of the operation of the system. February 12, 2015 LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM Addendum No. 1 28 3100-17 6. Instructions for routine maintenance. 7. Detailed wiring diagram for the connection of relays, addressable monitor, and control or relay modules as applied in the interfacing of peripheral systems or - equipment to the fire alarm system. Updated shop drawings shall include revisions made in the field via plan changes, RFIs, Field Change Directives, and any other construction change documents including interface details with ancillary systems.- f 8. An electronic copy (CD) of the posted site or fire alarm map in Auto -Cad and pdf formats. 9. Provide a CD ROM electronic copy of the updated system As -Built Drawings to the OAR, prepare this copy in the latest version of AutoCAD; along with the electronic copy provide a full size bond copy. Include one CD-ROM of the up- dated As -Built Drawings into each of the Service Manuals. CD and folded drawings shall be secured and inserted into the Service Manuals via a three -hole punched protective CD case and protective envelopes for the drawings. 10. Provide codes and passwords for fire alarm system at testing. 3.07 SYSTEM USER AND MAINTENANCE PERSONNEL TRAINING A. Before Substantial Completion, provide one instruction period for the Owner operators and system users. The instruction period shall be scheduled and coordinated by the OAR. Na B. Include in the project the services of an instructor, who shall have received specific training from the manufacturer for the training of other persons regarding the inspection, testing and maintenance of the system provided. The instructor shall train the employees designated by the owner, in the care, adjustment, maintenance, and operation of the fire alarm system. C. Training sessions shall cover all aspects of system performance, including system architecture, signaling line circuit configurations, sensor and other initiating device types, locations, and addresses, fire alarm control panel function key operation, and other functions as designated by the owner. D. Required Instruction Time: Provide 8 hours of instruction after final acceptance of the system. The instruction shall be given during regular working hours on such dates and times as are selected by the owner. The instruction may be divided into two or more periods at the discretion of the owner. One training session shall be videotaped by the contractor. Videotapes shall be delivered to the owner. E. Provide a typeset printed or typewritten instruction card mounted behind a Lexan plastic or glass cover in a stainless steel or aluminum frame. Install the frame in a conspicuous location observable from the FACP. The instructions shall include those steps to be taken by an operator when a signal is received as well as the functional operation of the system under all conditions, normal, alarm, supervisory and trouble. The instructions shall be approved by the owner. F. Comprehensive system troubleshooting training shall be provided for a single individual designated by the owner. This session shall be separate and distinct from the above described sessions. G. All training sessions shall be conducted following final system certification and acceptance. One additional training session shall be provided for all security and maintenance personnel six months after final system certification. H. All training sessions shall be conducted by an authorized fire alarm system distributor representative, who has received specific training from the manufacturer for the training February 12, 2015 z LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM Addendum No. 1 28 3100-18 �_ s of other persons regarding the inspection, testing, and maintenance of the system provided. C�CZ$TaA7�omLOWII February 12, 2015 LUBBOCK INTERNATIONAL AIRPORT FIRE DETECTION AND ALARM Addendum No. 1 28 3100-19 ADDENDUM 2 DATE ISSUED Time Extension RFP 15-12191-TF Fire Alarm System Replacement at the Lubbock Preston Smith February 26, 2015 ORIGINAL CLOSE DATE & TIME: February 26, 2015 at 2:00 p.m. NEW CLOSING DATE & TIME: March 3, 2015 at 2:00 p.m. The following items take precedence over specifications for the above named Request For Proposal (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Offerors are invited to review the following: 1. The closing date for the Request for Proposals has been extended to Tuesday, March 3, 2015 at 2:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164, Emailed to TKFloresgMylubbock.us or posted to Bidsync.com THANK YOU, Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the Offeror's responsibility to advise the Director of Purchasing and Contract Management if anv language. reauirements. etc.. or anv combinations thereof. inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. r_, City of Lubbock, TX Purchasing and Contract Management Contractor Checklist for RFP 15-12191-TF Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. I. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by -; typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. `f Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Contractor's signature must be original. 4. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. ✓ Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. "� Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 8. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include fnrnn's / FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. ✓ Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 10. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. f__„ Collier Construction Company (Type or Print Company Name) I Page Intentionally Left Blank -Ir I 8 I 2. 3. 4. 5. 6. $_ 7. 8. 9. 10. 11. ..3 12. 13. r _a NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS GOVERNMENT CODE § 2269.151 PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. LUMP SUM PROPOSAL SUBMITTAL FORM 4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 4-4. SAFETY RECORD QUESTIONNAIRE 4-5. SUSPENSION AND DEBARMENT CERTIFICATION 4-6. PROPOSED LIST OF SUB -CONTRACTORS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT DAVIS-BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS Page Intentionally Left Blank NOTICE TO OFFERORS Page Intentionally Left Blank NOTICE TO OFFERORS RFP 15-12191-TF Sealed proposals addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 PM on February 26, 2015 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: Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. The Contractor is only required to submit one original copy of every item listed on the Contractor Checklist in the proposal submittal. Proposals are due at 2:00 PM on February 26, 2015, and the City of Lubbock City Council will consider the proposals on March 26, 2015, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful proposer will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful proposer will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. The bond must be in a form accepted by the City Attorney and must be dated the same as the Contract Award date. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offerror. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offerror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. There will be a non -mandatory pre -proposal conference on February 11, 2015 at 10:00 AM, in Blue Room on the j 2nd Floor Room at Lubbock Preston Smith International Airport, Lubbock, Texas. Offerors may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http://pr.thereproductioncompany.com/ . ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. - Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days of the opening of Proposals. Additional sets of plans and specifications may be obtained at the proposer's expense. Attention of each proposer 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 and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2175 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta-ACvarez Marta Alvarez DIRECTOR OF PURCHASING GENERAL INSTRUCTIONS TO OFFERORS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY TIME & DATE The City of Lubbock is seeking written and sealed competitive proposals to furnish Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 PM, February 26, 2015 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 15-12191-TF, Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Purchasing Contract Managers Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals may be delivered in person, by United States Mail, by United Parcel Service, or by private courier service. Only written proposals submitted in conformance with the Instruction to Offerrors will be considered responsive and evaluated or award of a Contract. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non - mandatory pre -proposal conference will be held at 10:00AM, February 11, 2015 in the Blue Room on the 2nd Floor Room at Lubbock Preston Smith International Airport, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not s mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & Modifications 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Manager. At the request of the __s proposer, or in the event the Purchasing Manager deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Manager. Such addenda issued by the Purchasing Manager Office will be available over the Internet at http://www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Manager Office no later than seven (7) calendar days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Manager Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the proposals are received, and if no such notice is received by the Purchasing Manager prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Purchasing Manager before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than seven (7) calendar days prior to the opening of proposals. 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. l 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any { -i services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 0 7 8 9 10 11 12 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(b) 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in 13 14 15 16 writing and must be received by the City Purchasing Manager Office no later than seven (7) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST; ANY ' INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS`(RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN SEVEN (7) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Senior Buyer City of Lubbock Purchasing and Contract Management Office 1625 1 P Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: TKFlores@mylubbock.us Bidsync: www.bidsync.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 270 CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 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. 4 } 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever t resulting in such defects, when such defects appear within TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. t ' 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to a maximum of ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The 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. 19 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 a reserves the right, after the proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the proposer. s. Rol 21 22 23 24 25 (c) Equipment schedule. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES , It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance 6 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 b the p � p Y Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per ,r diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The proposer' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the proposer's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the -- necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. - 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker 3 employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, $200 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. House �. Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a l ig 30 penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and ' subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the proposer without being considered. I-_ PREPARATION FOR PROPOSAL 29.1 The form shall be correctly filled in, stating the price in numerals for which he intends to 1 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has PIS been opened may not be bidder shall submit his bid on forms furnished by the City, and all blank spaces in the changed for the purpose of correcting an error in the bid price. tj 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 29.3.1 Proposer's name 29.3.2 Proposal RFP 15-12191-TF, Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building" Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal Form. 1� i t _3 l 1 ( !' (d) (e) M (g) (h) (i) Statutory Bonds (if required). Contract Agreement. General Conditions. Special Conditions (if any). Specifications. Insurance Certificates for Contractor and all Sub -Contractors. All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF OFFERORS The proposer may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. _1 (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel g (g) Past experience with the Owner Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The Maximum Point value is equal to 100 points. The weight factor is 55% for Price, 25% for Contractor Qualifications, 5% for Safety Record, 10% for Construction Time, and 5% for Attendance of Pre - proposal Conference. The selection criteria used to evaluate each proposal includes the following: 32.1 55% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value x Weight Factor = Price Score. 32.2 25% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within and past experience with the contractor. The City may also interview the job superintendent at a time to be named after receipt of proposals. This criterion is subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications" And any past experience with the contractor. The "Contractor's Statement of Qualifications" is a minimum, and you may provide additional pertinent information relevant to the project for which you are submitting this proposal. 32.3 5% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of five points allowable. Each evaluator assigns points based upon the responses you provide in your "Safety Record Questionnaire" and the Contractors Experience Modification Ratio (EMR). Contractors with an EMR of 1.0 or greater, as well as those Contractors not submitting EMRs, will receive zero points for this portion of the selection criteria. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed as well as the EMR. 32.4 10% CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value multiplied by the weight of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value x Weight Factor = Construction Time Score 10 x 32.5 5% ATTENDANCE OF PRE -PROPOSAL CONFERENCE: Offerors who fully attend the Pre -proposal Conference will receive a score of 5 points for this criterion. Offerors who do not �~ fully attend the Pre -proposal Conference will receive a score of zero (0) for this criterion. 32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal. The committee meets, during which time the Committee Chairperson totals the individual scores. If the individual scores are similar, the Chairperson averages the scores then ranks offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. Proposals shall be made using the enclosed Proposal Submittal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and maybe rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified. 34. ANTI -LOBBYING PROVISION 34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND _a REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON i THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 11 i 34.2 This provision is not meant to preclude bidders from discussing other matters with City Council ' members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 35 PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.wdol.gov/dba.aspx 35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 35.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. _I H H 12 TEXAS GOVERNMENT CODE � 2269.151 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (a-1) In this section "facility" means an improvement to real property. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to the request. The governmental entity shall state in the request for t_ x proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM Pate Intentionally Left Blank PROPOSAL SUBMITTAL FORM LUMP SUM PROPOSAL CONTRACT DATE: 3-3-2015 PROJECT NUMBER: RFP 15-12191 TF- Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building Proposal of CWlier Qnstruction Company (hereinafter called Offeror) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for the construction of a Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building having carefully examined the plans, specifications, instructions to of erots, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and tabor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE PROPOSAL ITEM No, DESCRIPTION UNIT MATE-PJALS LABOR TOTAL PRICE Fire alarm system replacement at the $256,007.60 S385,492.40 $641,500.00 Lubbock Preston Smith International Airport Terminal Building.* I Base bid consists of the materials and labor LS for the necessary improvements for the above referenced project, as specified herein. TOTAL PROPOSAL ITEM #1: (S $641,500.00 * We have acknowledged Addendum #1 2/18/2015, Addendum #2 2/26/2015, and Addendum #3 3/3/2015 DURATION I. Contractors proposed CONTRUCTION TIME for completion: TOTAL CALENDAR DAYS: 270 * Materials confirmed through laboratory analysis to contain asbestos (in excess of 1%) Material: Tan colored scratch coat paint and texturing Location: Located on pre -cast concrete super structure in the original building — First and Second floors Type/Percent: Chrysotile, 5-8% Condition: Good Offerors Initials Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within (, 270 ^� Consecutive Calendar Days (Completed by Contractor) ( 1310 Hnndre Seventy bays 1 Consecutive Calendar Days (Written Days - Completed by Contractor) thereafter as stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages the sum of $500 for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Offeror's Initials Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for NIA Dollars (S N/A ) or a Proposal Bond in the sum of Five PerrentnfneTntal Amount of the Pmi osal Dollars (S 5% ), 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, insurance certificates, and the required bond (if any) with the Owner within ten (10) business 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. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. (Seal if Offeror is a Corporation) ATTEST: Secretary Offeror acknowledges receipt of the following addenda: Addenda No. I Date 2/18/2p15 Addenda No. 2 Date 2/26/2015 _x Addenda No. 3 Date 3/3/2015 Addenda No. Date Date: 3/3/2015 Authorized Signature Scott Collier (Printed or Typed Name) Collier Construction Comfy Company 2202 Avenue E Address Lubbock City, —Lubbock County TX , 79404 State Zip Code Telephone: 806- - 741-1982 Fax: 806 - 741-1985 Email: scottocolliertx.corn FEDERAL TAX ID or SOCIAL SECURITY No. 45-5492854 MAVBE Firm: I I Woman Stack American Native American "ispanic American I I Asian Pacific American Other (Specif Officer Name and Title: Scott Collier Owner Please Print Business Telephone Number s06.741-1982 FAX:806-741.1985 E-mail Address: scouPcollicox.corn FOR CITY USE ONLY Bid Form Item Number(s) Awarded to Above Named Firm/individual: Date of Award by City Council (far bids over S50,000): Date P.O./Contract Issued: RETURN COMPLETED & SIGNED BID FORM ALONG WITH CITY OF LUBBOCK SPECIFICATIONS.LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, That we, Scott Collier Construction, LLC dba Collier Construction Company as Principal hereinafter called the Principal, and Westfield Insurance Comnany a corporation created and existing under the laws of the State of Ohio whose principal office is in Westfield Center. OH 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 (S5% GAB) for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for Fire Alarm System Replacement at the Lubbock Preston Smith international Airport Terminal Building NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 26th day of February, 2015 Scott Collier Construction. LLC dba Collier Construction Compan Prin ' l) By {SEAL) Westfield Insurance Company {Surety} By (SEAL) y Barne Attomeyin-fact THiS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER if AND ISSUED PRIOR TO 05/27114, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 422-0012 01 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. a c�Rr�F��a co�v Ohio Farmers Insurance Co. Westfield Getter, Ohio Know All Merl by These Presents► That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individuail as a "Co any" and collectively as "Companies," y organized and axisifin under the laws of the State of Ohio, and having (is Principal 661ce to Westtiold Center, Medina County, Ohfo, do by tt ease pprresents snake, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER ROBERT G. KANUTH, JOINTLY OR SEVERALLY of ROCKWALL arid State of TX Its true and lawful Attomey(s).in-Fact: with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizandes, undertakings, or other Instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - ------------ ------------ - - - - - -- - -- . L MIT ION: THiS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENdY, MORTGAGE aOR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed wlth-the corporate seat of the applicable Compatry and duly attested by Its Sacretary, hereby ra ing and confirming all that the sold Attorney(s)-la-Fact may do in tf>s pprremises. Said appointment is made under and by authority of tha7allowin resolution adopted byy the Board of Ok�ectom of each of the am Pre' D INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: *Be k Resofved, that the, President, arty Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)dIn-Fact to represent and act for and on behalf at the Co $0��ct to the following rovfstans: The Attorney!n•Fact:gray be g�(ven full power end authority for and in the name of and on behalf of the Company. to execute, acknowledge and delver, any, and all bonds, r Miazences, contracts agreements of Indemnity and other conditional or obligatory tmdertaklngs and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Atlomayy in -Fact shaft be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary, NBe 7t FurtJ>preyResolved, that the signature of any such des[gnated prterrson and the seal of the Company heretofore or hereafter affixed to an sea sha0 be vend aril b(ndlr g�upon they t.omparryowithare to any bond ate' undertaakking to wcertificate hiich itt Is at aicl facsimile "s (Eatcsignatures ad pted at of melettiing held on February 0, 2000). in W1lrress Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHiO FARMERS INSURANCE 5 COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of MAY A.D., 2014 . �H„Ni 44„p Ni,Ni{iUr!•p, NN/„ury,INSURANCE C See sm ���OR'tfjo' c�` ��n ;.,- '�' �MSU�P{k �, WESTFIELD NATIONAL I COMPANY q.�,,..•"»,., fi. � .�;.•• ,. � ,, ;ifp WESTFIELD NATIONAL INSURANCE COMPANY Affixed wv ��rwX► Ic► OHI FARMERS INSURANCE COMPANY k.�t'a ;'. SEAL -ace; 1848 Lt11ERFD F 9�'••.�• r• '7r°.,io•.O_sM••,,� . �,r�* ° .K/1st, .,,,..i 4� '•,.....+•''' -0 �'dj ,,.tea By: State of Ohio """' "nq n"�'`'`�r ybennis P. 13aus, Atallorfal Surety Leader and County of Medina SW.Senior Executive On this 271h day of MAY A.D. 2014 , before me personally came Dennis P. Flaus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Stirety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY the companies described in and which executed were seo affixed above b orderr f the Boards t thesealsof said ld Companiees and that heseasigned his namInstrument thereto ys ksuch o derma. poste seatst sites twariat iiHMllry„! Seat tat, s• *� a, Aatxea David, A. Kotnik, Attorney at Law, Alotary Public State of Ohio is '�' �o My Commission Does Not Expire (Sec.147.01 Ohio Revised Code) L . County of Medina ss.* `q !••lNIHH•i I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS x INSURANCE COMPANY. do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Co anies, which is still In full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Pov{er of Attorney are in full force and effect. ,644 In/4,0 Wi7tass VMO I havereunto set my hand and affixed the seals of said Companies at Wesdleld Center, Ohio, thi526day or YA �4f! f ,t�\tffiNll,prRle tHJNlillky, �iC?N,nt,"iy''a, �t±SVi�,b WE Dry' �; .18413 tar•& '� •.. p 1C Oyu �" '' ;;; •t'���f+ - SPOAC2 (coMbined) (06.02) / � Scordary Frank A. Carrino,Secretary IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(atdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. BD5430 (07-07) AVISO IMPORTANTE Para obtener information o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja at: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir at Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(&tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una dispute concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve la dispute, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. F, CONTRACTORS STATEMENT OF QUALIFICATIONS 9 Individual contractors and joint ventures submitting a bid must complete the following evaluation information for J g p g the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate Im evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. z The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: 4 Contractor's General Information (X) LLC F, E 3 I I Contractor's Organizational Experience Organization Doing Business As 2202 Avenue E Business Address of Regional Office Lubbock, TX 79404 Name of Regional Office Manager Scott Collier Telephone Numbers Main Number 806-741-1982 Fax Number 806-741-1985 Web Site Address List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization I From Date To Date List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership N/A Years experience in projects similar to the proposed project: 16 As a General Contractor 16 As a Joint Venture Partner NIA Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? NA If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten ears? If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any No local, state, or federal agency within the last five ears? If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization eves refused to construct or refused to provide materials defined in the contract documents? I No If yes provide full details in a separate attachment. See attachment No. ti Contractor's Proposed Key Personnel Organization Doing Business As Collier Construction Cotn an Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. 1 See Organization Chart Attached Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this -description., See attachment No. 2 See Organization Chart Attached Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Scott Coll,ier N/A Project Superintendent Hen rg Pie N/A Project Safety Officer Dickson Quality Control Manager Scott Collier NIA If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. 7 Proposed Project Managers organization Doing Business As Collier Construction Com an Name of IndividualCollier Years of Experience as Project Manager I Years of Experience with this organization 3 Number of similar projects as Project Manager 48 Number of similar projects in other positions 59 Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Proiect I Completion Date Keterence vontact tntormation_(listing names indicates approval to contacting the names individuals as a reference Name I Marty Walters I Name Title/ Position I Band ManaLyer I Title/ Position In..,..o.. E-mail role on I Project Manager role I Project Manager Name of Individual /A Years of Experience as Project Manager Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Proiect I Completion Date I Name 11 8 Candidate role s on Project Proposed Project Superintendent Proposed Project Safety Officer Organization Doing Business As Name of Individual Years of Experience as Project Safety Officer 2 Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions 4 Current Project Assignments Name of Assignment Percent of Time Used for Estimated Project this Project I Completion Date xeterence contact information (listing names indicates approval to contacting the names individuals as a reference) Name I Ricky MQygrs I Name Title/ Position I I Title/ Position on E-mail on Name of individual N/A Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for Estimated this Proiect I Completion Date on 14 Name Title/ Position m 7M Proposed Project Quality Control Manager 11 jContractor's Project Experience and Resources Organization Doing Business As Collier Construction Cam an Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five ears which specifically illustrate the organizations capability to provide best value to the Owner for this project. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the proposed key personnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management b. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meeting HUB / MWBE Participation Goal Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary Equipment Item Primary Use on Project Own BWill Lease uv N/A i What work will the organization com lete using its own resources? Supervision and Patching What work does the organization propose to subcontract on this ro'ect? Electric and Fire Alarm System i 12 Contractor's Subcontractors and Vendors 'Organization Doing Business As Collier Construction Corn an Provide a list of subcontractors that will provide more than 10 percent of the work based on contract amounts Name Worts to be Provided Est. Percent HUB/MWBE of Contract Firm Dent Electric Electrical 45% HIM Hone ell Fire Alarm S stem Provide information on the proposed key personnel, project experience and a description of past relationship and work ex erience for each subcontractor listed above using the Pro'ect Information Forms. Provide a list of maior Equipment propmosed for use on this project. Attach Additional Information if necessa Furnish Furnish HUB/M Vendor Name Equipment ! Material Provided and WBE Only Install Firm F 13 wo o o E! � a 0 u a U � o p U O V w CS cl 0 ^ C7 ird Ln Ei W +•+ �1 N LSi •� O Lr V � U t�i 4� o Q N � 4� o A N CNp �, o v 0 I I BN a 1 1 41 w CD M4. C c :n v a U a E! OU O ►�+ A ICUO U U p a Q M y q Uo � ' a �. e 61 s a U w U e a w .-. > cma ^a dCLV > vVi rq .� .. . w a Ln to O fd •` U O � Cai �.+ cai a o y y a � a y y v 0.. a v C o e, ° o ° a c 9 v t, "lo to •p j+` ' w C ' r'>- L� v •N C '� C!@j, •'t� L?3r•ti c� tv., �� a'�e z�ai oCoUC J v0, ow 8rj "N�yyG -r �e F ri [11 I 4 e a 0 �n 'a a� z z a z N �¢ ¢ a zz¢ z� A �, z z z •� -� o A00 y O w O O A Q i 00 � 000ON .•� •r � 0. � zFTT h h O e� (-a •� w �kn tV ' 0000 0 0 Qj cj a rn a� O© . w w �^ •`� o z C w w fzE rn 004zaw. cr w w 8 9 u Q U Pl. it a to w to z�uu C-41zzzz o •� 1 c.0 ° 0 ¢ ¢ ¢ v 0 O a z z U H , a A �C 00 oc R n cd 00 w, 2Ct to x°' Ha z w o a E I a z Q b O C v ;.•' � O t0 a v v MI, wW Gc o c u w S -rco y ewi o� G �9 r 0 C yy� L7 p F COi o O R � 'y mu w zc.ao 0r u zx Attachment No. 2—Organizational Chart 1 Scott Collier Project Manager Scott Collier Quality Control Manager Melissa Collier Accounting Caitlin Walker Office Manager Josh Dickson Project Safety Officer Henry Pierce Project Superintendent OEM- CClLLIER CONGTRUCTION COMPANY I I CAREER SUMMARY 16 Years Construction Experience EDUCATION Bachelor of Business Administration Texas Tech University REFERENCE LISD Bond Manager Marty Walters (806) 441-2154 Stiles Wallace & Associates Ed Stiles (806) 795-6431 Scott will serve as Project Manager and Quality Control Manger. 95% of his time will be spent as Project Manager and 5% will be spent as Quality Control Manager. Scott Collier OWNER/PROJECT MANAGER Scott Collier's construction experience began in the residential re- model industry and worked its way up to light commercial. After 3 years with SBC Communications working in property management, Scott moved into commercial construction. Over the last 9 years, Scott has worked in all areas of commercial construction including office, school, industrial, health, and financial. He estimated, project managed, and closed out each of his projects. Turning Point Community Church— New Youth Addition, Lubbock, TX (2014) Harvest Christian Fellowship - Interior Renovation Lubbock, TX (2014) Texas Tech University Stangel-Murdough Market, Interior Renovation Lubbock, TX (2014) 19th & Peoria Shopping Center, Ground Up Structure, Lubbock, TX (2014) Lubbock Avalanche Journal, Lubbock, TX (2013) LISD Baseball Backstops, Lubbock HS & Estacado HS, Lubbock, TX (2013) LISD Safety & Security Improvements, 68 properties, Lubbock, TX (2012-2013) Dawson ISD Security Improvements (2013) Texas Tech Engineering Lab Renovation Lubbock, TX (2013) Making Memories on Broadway, Lubbock TX (2012) Subway Restaurant Finish Out, Lubbock TX (2012) UMC FINS City Bank Office Remodel, Lubbock TX (2012) COLLIER CONSTRUCTION COMPANY American National Bank, Lubbock TX (2012) City Hall Renovation, Idalou TX (2012) Big Springs State Hospital Family Visitation Center Big Springs, TX (2012) LISD Estacado HS Baseball Fields and Locker rooms, Lubbock TX (2012) Seminole Memorial Hospital Fitness Addition, Seminole TX (2012) LISD Centennial Elem 15,000 sgft Classroom Addition, Lubbock TX (2012) LISD Athletic Improvements, Lubbock TX (2011) Smyer ISD Addition and Renovation, Smyer TX (2011) TTU National Ranching Heritage Center 4200 sqft Addition, Lubbock TX (2011) CAREER SUMMARY 6 Years Construction Experience EDUCATION Bachelor of Science in Construction Engineering Texas Tech University REFERENCE SODEXO Construction Manager Ricky Moyers 806-281-8072 TTU Facilities Planning and Construction Josh Dickson PROJECT SAFETY OFFICER Josh Dickson's construction experience began as a crew foreman for a Networking and Tele-communications company where he was responsible for design and installation of datacom, telecom, CCTV and coaxial systems. He then transitioned into a role with the de- partment of Facilities Planning and Construction at Texas Tech University as an Assistant Project Inspector. Josh joined the Collier Construction team in May of 2013 and his responsibilities range from estimating and CPM scheduling to project cost management and closeout. Pure Water ice 81 Tea 2,200 sqft, Lubbock, TX (2014) New Beverage Service Store Dickens County Courthouse Annex 8,000 sqft, Dickens, TX (2014) New Courthouse Facility with Storm Shelter Subway Restaurant Finish out 1,800 sqft, Lubbock, TX (2014) New Food Service Store Keeling Orthodontic Care 4,300 sqft, Lubbock, TX (2013) New Medical Office Building Texas Boys Ranch 12,200 sqft, Lubbock, TX (2013) New Life Skills and Recreations Center Billy Breedlove Preferred Pump 4,800 sqft, 806-742-2116 Lubbock, TX (2013) Warehouse Expansion and Test Wells UMC Fluoroscopy #71,000sgft Lubbock, TX (2013) Renovation in Radiology Suite UMC Burn ICU Renovation 10,500 sqft Lubbock, TX (2013) Phased Renovation of ICU LISD Restroom Renovations 3,600 sqft Lubbock, TX (2013) 12 Total Facilities, 3 Middle Schools COLLIER CONSTRUCTION COMPANY Petroleum Engineering Research 38,000 sqft, Lubbock, TX (2013) New Specialty Research Facility with Classrooms Architecture Life Safety 9 Story Upgrade, Lubbock, TX (2013) Upgrade of Life Safety Systems Throughout Boston Ave Residence and Dinning Hall 198,000 sqft, Lubbock, TX (2012) Student Housing with 500 Beds, 20,500 sqft Dinning Room College of Media and Communication Renovation 12 story, Lubbock, TX (2012) Renovation of the Business College Administration 3rd Floor Renovation 13,000 sqft, Lubbock, TX (2012) Interior Demolition and �1 n T"; HENRY PIERCE SUPERINTENDENT Henry's construction experience began as a construction journeyman In 1999. He has experience in commercial framing, installation and maintenance of high quality fencing, installation of fire protection systems and a variety of other special skills. He has supervised work crews and assisted on a number of high -profile projects. CAREER SUMMARY 10 Years Construction Experience REFERENCES • Matador Motors Pete Ruiz 806-687-7300 • Cox Dirks Architects Jimmy Dirks 806-762-1226 • JMO Development Mike Odom 806-777-6068 EDUCATION Coronado High School Lubbock, TX CASS Trade School - Ozark, AR OSHA Scaffolding Training OSHA General Safety 14-rW COLLIER CONSTRUCTION COMPANY ..0 • La-Z Boy Home Furnishings and 136cor • Harvest Christian Fellowship — New Church Facility • Matador Motors — Interior/Exterior Renovation • UMC — East Tower Expansion • Covenant Medical Center PAGE INTENTIONALLY LEFT BLANK I 'knawment No. i-urganizavonai unart Hans Eric Gross Todd Patzig Bob Yunginger Chris C James Thompson Carpenter COLLIER imCONSTRUCTION COMPANY City of Lubbock Insurance Requirement Affidavit To Be Completed by Offeror Must be submitted with Provos I, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this proposal. 7 Contractor (Original Signature) _Scott Collier Contractor (Print) CONTRACTOR'S BUSINESS NAME: Collier Construction !Company (Print or Type) CONTRACTOR'S FIRM ADDRESS:22p2 AyermP F . NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. RFP 15-12191-TF - Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building Page Intentionally Left Blank 1-4 * I Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining, the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three (3) questions and submit them with their proposals: UESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. �v Offeror's Initials UESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO X If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction:Pl Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE j Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death?ri YES NO g If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: 1.0 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. -KEZQM-S� Signature Owner -- Title i 1 i� Suspension and Debarment Certification Federal Law (A -lag Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the Grin named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Collier Construction Company _ FEDERAL TAX ID or SOCIAL SECURITY No. 45-5492W54 Signature of Company Official: Printed name of company official signing above: Scott CollieE Date Signed:__ 3-3-2tti 5 ' Page Intentionally Left Blank PROPOSED LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No t. Dent Electric Lubbock, TX Electric y 2. nP eli Lubbock. TX Fire Alarm SvSjpm ° 3. ❑ ❑ 4. ❑ ❑ S. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ Cl iI. ° ° 12. ° ❑ 13. ❑ ❑ 14. ❑ ❑ 15. Q o 16. ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: Collier Construction Com an (PRINT NAME OF COMPANY) RFP 15-12191-TF - Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building Page Intentionally Left Blank POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing Manager Office Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due. FINAL LIST OF SUB -CONTRACTORS I Page Intentionally Left Blank I m FINAL LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. Dent Electric Lubbock, TX Electrical 0 2. Honeywell Lubbock, TX Fire Alarm System 0 x 3. 0 0 4, 0 0 5. 0 0 6. 0 0 7. 0 0 8. 0 0 9. 0 0 10. 0 0 11. 0 0 12. 0 0 13. 0 0 14. 0 0 15. 0 0 16. 0 0 SUBMITTED BY: Collier Construction Company (PRINT NAME OF COMPANY) THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO RFP 15-12191-TF - Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building I Page Intentionally Left Blank I I I m m I m m I I I PAYMENT BOND I I iM fM I Page Intentionally Left Blank p I I m I I I I IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P 0 Box 6001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a-tdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. BD5430 (07-07) AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P 0 Box 6001 Westfield Center, OH 44251-6001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.b(.us E-mail: ConsumerProtectionO-tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de information y no se convierte en parte o condicion del documento adjunto. Bond #3712401 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Collier Construction Company (hereinafter called the Principal(s), as Principal(s), and Westfield Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Six Hundred Forty -One Thousand Five Hundred Dollars 64(0 500) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9'h day of April' 2015, to RFP 15-12191-TF Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 15th day of April , 2015. Westfield Insurance C par Surety By. (Title)_Ja my Barnett, Attorney -in -fact Collier Construction Company (Company Name) PRINCIPAL By: SCOt+ Col tied (Printed Name) (Signature) UVItlnCA/ (Title) Approved as to Form ' City of Lubbock By: 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. Bond #3712401 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Collier Construction Company (hereinafter called the Principal(s), as Principal(s), and Westfield Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Six Hundred Forty -One Thousand Five Hundred Dollars (64$ 1,500) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the !0h day of Aug, 2015, to RFP 15-12191-TF Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 15th day of April , 2015. Westfield Insurance Company Collier Construction Company Surety (Company Name) PRINCIPAL *By: _ By: Sam Cot I t.ey (T' le) y Barnett, Attorney -in -fact Na ) (Signature) Owner - (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Jeremy Barnett an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Westfield Insurance Company Surety Bkw_' e)�J—nett ey-in-fact Approved as to form: CityAiAttompy" By: * 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. 7 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THiS SAME POWER # AND ISSUED PRIOR TO 05/27114, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 422.0012 01 Power Westfield insurance Co, of Attorney Westfield National Insurance Co. CERTIFIED conv Ohio Farmers Insurance Co, Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship----------------------------------- ---- ---------------- - -- - -- -- LIMITATION: THiS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUA RNA TC£', OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to die same extent as If such bonds were signed by the President, sealed with.the corporate seal of the applicable Company and duiy attested by Its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -In -Fact may be given full power and authority for and lathe name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -in Fact shalt be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' "ee It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached," (Each adopted at a meeting held on Februaryry 8, 2000). in Witness 21ereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of MAY A.D., 2014. µw+munrgr, „r+,�r��r,,,,, •��'"'rr"" WESTFIELD INSURANCE COMPANY corporate .••• ,y �,a '�4 U�9i ASeals fxed Y4�t�•~,iq,,'C his �ONACw a ��.'� t� WESTFIELD NATIONAL INSURANCE COMPANY W �,. .yx fi`', OHiO FARMERS INSURANCE COMPANY SEAL�� = SF 1846 c �rrvHtUn,"r1+NNr `+•' �44r r• * tairrraMBy. . State of Ohio ' rr�,,,, ennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 27th day of MAY A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by ale duly sworn, did depose and say, that he resides in Woosterr Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to sold Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order, Notarial +,arim,o,rbrfr, , Seal Affixed David A. Kotnik, Attorney at Law, Notary Public State of Ohio to 0 My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: , y 0 r 1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregolhg is a true and correct copy of a Power of Attorney, executed by said Companies, which is still In full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Polder of Attorney are In full force and effect. '�, "!All in W' ass Whereof, I%have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this/�J 'day of r-,a,tShcYrirnr," /S µdUntrnry„r ,a.n,nreph,� ttsvI�,trri�,' ti� •(iOts11C., ' 4, �uq ors 4' � .t � '� p.: •,,,p ,'�yov,•'' .o- fit+ ,i� i •'ytiY'����v ��w: �r (��, :;� 3,�FCNitRT�Rfp:�� �,t�t{ rr 1 k�^ c�r�; t3 j`m` / SecYetaty •, .air ,�,, 1848,:'.� Frank A. Carrino, Secretary �'Q.� +N` rr `••.. * o rryNn,.........+ BPOAC2 (combined) (06-02) STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that as Principal(s), and (hereinafter called the Principal(s), (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Six Hundred Forty -One Thousand Five Hundred Dollars $641 500 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 91h day of April, 2015, to RFP 15-12191-TF Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building s and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of , 2015. Surety (Company Name) *By: By: (Title) (Printed Name) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: (Title) Approved as to form: City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. ie n H 9 9 9 2 PERFORMANCE BOND Pau Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) µ= KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Six Hundred Forty -One Thousand Five Hundred Dollars 16 500 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 91h day of April, 2015, to RFP 15-12191-TF Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of , 2015. _< Surety * By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) P The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby L J designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. k, Surety *By. (Title) Approved as to Form City of Lubbock rAl By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 9 9 9 2 f t_ CERTIFICATE OF INSURANCE I Pate Intentionally Left Blank I iM I I I I ACORbr CERTIFICATE OF LIABILITY INSURANCE `.../ DATE(MMIDD/YYYY) 1 4/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K&S Insurance Agency 2255 Ridge Road, Ste. 333 P . 0. BOX 277 Rockwall TX 75087 CONTACT Wend Van Orden NAME: Y PHONE (972)772_7231 FAX (972)771-4695 A/C No). AIL ADDRESS: wvanorden@kandsins.com INSURERS AFFORDING COVERAGE NAIC p INSURER A National Specialty Insurance 22608 INSURED Scott Collier Construction, LLC dba Collier Construction Company 2202 Avenue E Lubbock TX 79404 INSURER B :Texas Mutual Insurance Co. 22945 INSURER C:Nav7 ators Insurance Company 2307 INSURERD:Travelers Lloyds Ins. Company 1262 INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:14/15 Std w/incr Umb REVISION NUMBER: 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. ILTR TYPE OF INSURANCE L U R POLICY NUMBER MMIDDYIYEYYY MM/DDT LIMITS GENERAL LIABILITY EACH OCCURRENCE _UA_MAGE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY TO RENTED PREMISES Ea occurrence $ 100,000 A CLAIMS -MADE FxI OCCUR 0250151 6/22/2014 /22/2015 MED EXP (Any one person) $ PERSONAL&ADV INJURY $ 11000,000 SIG122 1/03 AI, WOS GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1, 000 000 X BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY Per accident ( ) $ ALL OWNED SCHEDULED AUTOS AUTOS CWN0250151 6/22/2014 /22/2015 X NON-OWNED HIRED AUTOSM SIG120 1/03 AI, WOS PROPERTYDAMAGE Per accident $ AUTOS r I Underinsured motorist $ 1,000.000 X UMBRELLA LIAB X OCCUR — EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 A EXCESS LIAB CLAIMS -MADE 0250151 6/22/2014 6/22/2015 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION X I WC STATU- OTH- ER AND EMPLOYERS' LIABILITY Y I NI E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N / A B OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 001239225 6/22/2014 /22/2015 E.L. DISEASE - EA EMPLOYEd $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C420304A 1/00 WOS E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 C Pollution Liability H014ECPOA4ABQIC /22/2014 /22/2015 Limits per lncident/PolicyLimit $lM/$2 D Builder's Risk 660-4D939871 6/22/2014 /22/2015 ConstrMNC/NC,Frame/BV/JV $10M/$2 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: RFP 15-12191-TF Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building See above listing of additional insured and waiver of subrogation endorsement forms. CERTIFICATE 14nLDER r_AmrFt 1 ATlnki SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lubbock ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 2000 AUTHORIZED REPRESENTATIVE Room 204 Lubbock, TX 79457 Gary Thompson/DEBBIE A(;UFIU 20 (20=5) ©1988-2010 ACORD CORPORATION. All rights reserved. IAICr17S rnn�nnc� na T/.— Af`/1Or1 ....»... __A 1— —4 Af�f%ar% MSIG 122 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MS -EDGE GENERAL LIABILITY ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS Extension Limit 1.Supplementary Payments - Increased Limits Bail bonds $3,000 Loss of Earnings $1,500 2.Miscellaneous Additional Insureds Mortgagee, Assignee or Receiver Included Managers or Lessors of Premises Included Controlling Interest Included Co -Owners of Insured Premises Included Owners or Other Interest From Whom Land Has Been Leased Included Lessor of Leased Equipment Included Owners or Contractors for Whom You are Performing Ongoing Operations Included State or Governmental Agency or Political Subdivision Included 3.Aggregate Limits of Insurance for Construction Projects General Aggregate Limit 4.Revisions to'Who Is An Insured' Volunteer Workers Included 5.Expanded "Expected or Intended Injury" Definition Included 6.Knowledge of Accident, Claim, Suit or Loss Included 7.Unintentional Omissions in Disclosure Included Maiver of Subrogation by Contract or Agreement Included 9.Newly Formed or Acquired Organizations Included 10.Legal Liability for Damage to Premises Rented to You (Specified Perils) $300,000 11.Non-Owned Watercraft Up to 51 Feet in Length Included 12.Medical Payments Revised $15,000 13.Property Damage for Tools Loaned to You 14.Revisions to Definitions "Insured Contract" Amended $10,000 Included "Specified Perils" Added Included "Water Damage" Added Included The above is a summary of provisions in this endorsement. Please consult the specific provisions below for complete wording contained in these endorsement provisions. The endorsement provisions shall prevail in the event of a conflict between the summary and the following endorsement provisions. Includes copyrighted material of ISO Properties, Inc., with its permission Page I of 8 MSIG 122 01 13 ENDORSEMENT PROVISIONS The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. 1. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS SECTION 1- COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. The limit shown in 1.b. for the costs of bail bonds in increased to $3,000. B. The limit shown in 1.d. for all reasonable expenses incurred at our request, including actual loss of earnings because of time off work, is increased to $1,500. 2. MISCELLANEOUS ADDITIONAL INSUREDS SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization (known as additional insured) described in paragraphs (1) through (8) below, whom you are required to add as an additional insured on this policy under a written contract or agreement. The written contract or agreement must be: A. Currently in effect or becoming effective during the term of this policy; and B. Fully executed by you and the additional insured prior to the "bodily injury", "property damage" or "personal and advertising injury", but only the following personal or organizations are additional insureds under this endorsement, and coverage provided to such additional insureds is limited as provided herein. (1) ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER SECTION If - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability as a Mortgagee, Assignee or Receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule of All Locations You Own, Rent or Occupy. a. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (2) ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability as a Manager or Lessor of premises and arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule of All Locations You Own, Rent or Occupy, and subject to the following additional exclusions: a. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or for that person or organization. (3) ADDITIONAL INSURED - CONTROLLING INTEREST SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) ADDITIONAL INSURED — CO-OWNER OF INSURED PREMISES SECTION 11- WHO IS AN INSURED is amended to include as an insured a co-owner of the insured's premises with respect to their liability arising out of their liability as co-owner of such premises. Includes copyrighted material of ISO Properties, Inc., with its permission Page 2 of 8 MSIG 122 01 13 (5) ADDITIONAL INSURED - OWNERS OR OTHER INTEREST FROM WHOM LAND HAS BEEN LEASED SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of the ownership, maintenance or us of that part of the land leased to you and shown in the Schedule of All Locations You Own, Rent or Occupy, and subject to the following additional exclusions: a. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land. (2) Structural alterations, new construdtion or demolition operations performed by or for that person or organization. (6) ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s), subject to the following additional exclusions: a. This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; (2) To "bodily injury" or "property damage" arising out of the sole negligence of that person or organization. (7) OWNERS OR CONTRACTORS FOR WHOM YOU ARE PERFORMING ONGOING OPERATIONS SECTION II - WHO IS AN INSURED is amended to include as an insured: a. any person or organization for whom you are performing operations but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this provision ends when your operations for that additional insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily Injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Includes copyrighted material of ISO Properties, Inc., with its permission Page 3 of 8 MSIG 122 01 13 (8) ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION SECTION If - WHO IS AN INSURED is amended to include as an insured any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state, governmental agency or subdivision or political subdivision has issued a permit in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations or similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance, or use of any elevators covered by this insurance. With respect to coverage provided by this provision 2. MISCELLANEOUS ADDITIONAL INSUREDS, the following additional provisions also apply: A. Any insurance provided to an additional insured designated under paragraphs (1) through (8) above does not apply: (1) To "bodily injury" or "property damage" included within the "products -completed operations hazard'; or (2) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. B. Paragraph 4.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis that is available to the additional insured unless you and the additional insured have specifically agreed in writing that this insurance be primary. Then we will treat any other insurance maintained by the additional insured for injury or damage covered by provision 2. MISCELLANEOUS ADDITIONAL INSUREDS, except such other insurance as noted in paragraph b.2. below, as excess to this insurance. 2. Any other primary liability insurance available to the additional insured for damages arising out of premises or ongoing operations for which such person or organization has been added as an additional insured by the attachment of an endorsement. When this insurance is excess, we will have no duty under SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B PERSONAL AND ADVERTISING INJURY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all the other insurance. We will share the remaining loss, if any, with any other insurance that is not described in the Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy or coverage part. 3. AGGREGATE LIMITS OF INSURANCE FOR SINGLE CONSTRUCTION PROJECTS Includes copyrighted material of ISO Properties, Inc., with its permission Page 4 of 8 MSIG 122 01 13 A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences° under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which can be attributed only to ongoing operations at single construction projects away from premises owned by or rented to the insured: (1) The most we will pay will be capped at $10,000,000, regardless of the number of: a. "Occurrences"; b. Insureds; c. Claims made or "suits" brought; d. Persons or organizations making claims or bringing "suits"; or e. Separate construction projects. (2) Subject to paragraph 3.A.(1) above: a. A separate Single Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Project Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: I. Insureds; ii. Claims made or "suits" brought; or iii. Persons or organizations making claims or bringing "suits". c. Any Payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned or rented by the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: (1) Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Limit, whichever is applicable; and (2) Subject to paragraph 3.A.(1) above payments shall not reduce any Single Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorizing contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. If endorsement CG 25 03, Designated Construction Project(s) General Aggregate Limit (or a similar construction project(s) aggregate endorsement) is also part of this policy or coverage part, the Includes copyrighted material of ISO Properties, Inc., with its permission Page 5 of 8 MSIG 122 01 13 most we will pay for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE A and all medical expenses under SECTION I - COVERAGE C, which can be attributed only to ongoing operations at: (1) Any construction project(s) designated in such CG 25 03 or similar construction project(s) aggregate endorsement; or (2) Any construction project(s) to which the provisions of 3. AGGREGATE LIMITS OF INSURANCE FOR SINGLE CONSTRUCTION PROJECTS in this endorsement and the provisions of such CG 25 03 or similar construction project(s) aggregate endorsement both apply. will be subject to the same $10,000,000 cap shown in paragraph 3.A.(1). F. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 4. REVISIONS TO "WHO IS AN INSURED" SECTION 11-WHO IS AN INSURED, 2.a., is deleted and replaced with the following: Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business, including rendering first aid in an emergency. However, none of these employees or "volunteer workers" are insureds for: Paragraphs (1) through (2) continue to apply. 5. EXPANDED "EXPECTED OR INTENDED INJURY" DEFINITION SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. a. Expected or Intended Injury Exclusion is deleted and replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. 6. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM, OR SUIT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is revised by the addition of Items e. and f.: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer", an "employee" designated by you to give such notice, or insurance manager (if your are an organization other than a partnership, joint venture or limited liability company); or (4) A manager (if you are a limited liability company). f. The requirement in Condition 2.b. will not be breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are in a partnership; (3) An "executive officer" or insurance manager (if you are an organization other that a partnership, joint venture or limited liability company); or (4) A manager (if you are a limited liability company). 7. UNINTENTIONAL OMISSIONS IN DISCLOSURE SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representation is revised by the addition of Item d.: d. Your failure to disclose all hazards prior to `occurrences" existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided such failure to disclose all hazards or prior "occurrences" is not intentional. Includes copyrighted material of ISO Properties, Inc., with its permission Page 6 of 8 MSIG 122 01 13 This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non -renewal. 8. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: A. Premises owned, occupied by, or rented or loaned to you; B. "Your work" or "your products'; C. Ongoing operations performed by you or on your behalf, when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: (1) Such written contract or agreement was: a. Made prior to the covered injury or damage; and b. In effect at the time of the covered injury or damage; and (2) The injury or damage arises out of the operations contemplated by such written contract or agreement; and (3) This waiver applies only to such person or organization designated in such written contract or agreement. 9. NEWLY FORMED OR ACQUIRED ORGANIZATIONS SECTION 11- WHO IS AN INSURED, 3. is deleted and replaced with the following: 3. The Named Insured shown in the Declarations is amended to include any organization you newly form or acquire, other than: a. A partnership, joint venture, or limited liability company; or b. An organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more that 50%, subject to the following additional provisions: I. This insurance does not apply to any newly formed or acquired organization that is an "insured" under any other General Liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. ii. Coverage under this provision does not apply to injury, damage, expense, or "loss" that occurred before you formed or acquired the organization. iii. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, or the end of the policy period, whichever is earlier. This provision does not include any newly formed or acquired organization 180 days after its formation or acquisition, unless you have given us notice of the formation or acquisition. 10. LEGAL LIABILITY FOR DAMAGE TO PREMISES RENTED TO YOU (Specified Perils) SECTION III - LIMITS OF INSURANCE, 6. is deleted and replaced with the following: 6. Subject to 5. above, the greater of: a. $300,000, or b. The damage to Premises Rented to You Limit shown in the Declarations is the most we will pay under Coverage A for any one premises while rented to you or temporarily occupied by you with permission of the owner, in the event of (1) damages because of "property damage"; or (2) damage by "specified perils". This limit will apply to all damages proximately caused by the same event, whether such damage results from "specified perils" or other covered causes of loss or any combination thereof. 11. NON -OWNED WATERCRAFT UP TO 51 FEET IN LENGTH SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, g. (2) (a) is deleted and replaced with the following: Includes copyrighted material of ISO Properties, Inc., with its permission Page 7 of 8 MSIG 122 01 13 (a) Less than 51 feet long; and 12. MEDICAL PAYMENTS REVISED SECTION 1 COVERAGES, COVERAGE C MEDICAL PAYMENTS is amended as follows: A.I. Insuring Agreement a.(3)(b) is deleted and replaced with the following: (3)(b) the expenses are incurred and reported to us within three years of the date of the accident; And B. Item 1.e. is added to 1. Insuring Agreement: If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this policy, we will pay medical expenses up to the greater of: (a) $15,000; or (b) The limit shown in the Declarations of this policy or coverage part, 13. PROPERTY DAMAGE FOR TOOLS LOANED TO YOU SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2.j. Damage to Property Exclusion is revised. Item j.(3) is deleted and replaced with the following: j.(3) Tools or equipment loaned to you if the tools or equipment are being used to perform operations at the time of the loss. The most we will pay for such tools or equipment loaned to you is $10,000 per "occurrence". 14. REVISIONS TO DEFINITIONS SECTION V - DEFINITIONS is revised as follows: 9.a. "Insured Contract" is deleted and replaced with the following: 9.a. A contract for lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specified perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 12. "Mobile Equipment', subparagraph f.(1) is deleted and replace with the following: (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: a. Snow removal; b. Road maintenance, but nor construction or resurfacing; c. Street Cleaning The following definitions are added: 23. "Specified perils" means: Fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". 24. "Water damage" means accidental discharge of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. Includes copyrighted material of ISO Properties, Inc., with its permission Page 8 of 8 MSIG 104 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF PRIMARY AND EXCESS PROVISIONS (ADDITIONAL INSUREDS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph (V) is added to Paragraph b. Excess Insurance under 4. Other Insurance — SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, as follows: This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is available to any person or organization who has been added as an additional insured to this policy by endorsement. However, with respect to an additional insured added by endorsement for liability caused, in whole or in part: 1. By your acts or omissions, or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; or (b) In connection with your premises; or 2. By your maintenance, operation or use of equipment leased to you by such person or organization; this insurance shall be primary for such acts or omissions as described in subparagraphs (1)(v)2. above if you and such additional insured have agreed prior to loss in a written contract or written agreement, in effect during this policy period, that this insurance be primary for same. When required by such written contract or written agreement, we will treat as non- contributory on any other primary premises/operations liability insurance available to such additional insured for liability described in subparagraphs (1)(v)l. and (1)(v)2. above and for which such person or organization has been added as an additional insured by endorsement to this policy. However, this insurance, in all cases, is excess over any other liability insurance available to the additional insured to which such person or organization has been added as an additional insured by endorsement. B. With respect to the changes made by this endorsement, the following definition is added to Section V, DEFINITIONS: Non -Contributory means that other insurance available to the additional insured will apply as excess and will not contribute as primary to the insurance provided by this endorsement. Includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 1 MSIG 120 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS Extension Limit 1.Supplementary Payments -Increased Limits Bail bonds $3,000 Loss of Earnings $1,500 2.1-imited Fellow Employee Coverage Included 3.Revisions to "Who Is An Insured" Additional Insured by Contract Included Employees as Insureds Included Employee Hired Auto Included 4.Expanded "Expected or Intended Injury" Definition Included 5.Physical Damage Deductible Revisions Glass Deductible Waiver Included Collision Deductible Waiver Included Single Deductible Provision Included 6.Physical Damage Coverage Extensions Electronic Equipment Coverage Extension $2,500 Limited Loan/Lease Gap Coverage $2,006 Locksmith Services $100 Business Personal Property $506 Replacement Cost on New Vehicles Included Expense of Returning Stolen Auto Included 7.Hired Auto Physical Damage Coverage $60,006 Loss of Use $350 per day, $2,800 maximum 8.Airbag Coverage Extension Included 9.Knowledge of Accident, Claim, Suit or Loss Included 10Waiver of Subrogation by Contract or Agreement Included 11 Newly Formed or Acquired Organizations Included 127owing and Labor Coverage Extension $100 Includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 8 MSIG 120 01 13 13.Limited Rental Reimbursement Coverage $3,600 Max. Private Passenger and Light Trucks $60/day All Other "Autos" $100/day 14. Revisions to Definitions "Insured Contract" Amended VAn[_MW i= 0 Included "Executive Officer" Added Included 1. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS SECTION II — LIABILITY COVERAGE, A.2.a. is amended as follows: 1) The limit shown in A.2.a.(2) for the costs of bail bonds is increased to $3,000. 2) The limit shown in A.2.a.(4) for all reasonable expenses incurred at our request, including actual loss of earning because of time off work, is increased to $1,500. 2. LIMITED FELLOW EMPLOYEE COVERAGE SECTION 11— LIABILITY COVERAGE, B. 5. — Fellow Employees Exclusion does not apply if you have in -force Worker's Compensation insurance covering all of your "employees". Coverage is excess over any other collectible insurance. 3. REVISIONS TO "WHO IS AN INSURED" SECTION 11— LIABILITY COVERAGE, A.I. - Who Is An Insured is amended as follows: ADDITIONAL INSURED BY CONTRACT: d. Any person or organization for covered "autos" (other than the owner or anyone else from whom you hire or borrow a covered "auto") is an additional insured when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. The insurance provided to such additional insured is subject to the following additional provisions: Such person or organization is an additional insured only with respect to their vicarious legal liability for "bodily injury" or "property damage" specifically caused, in whole or in part, by the operation or use of a covered "auto" by a person for whom Liability Coverage is provided under this policy or coverage part, and then only to the extent of that liability. Such person or organization is not an additional insured for any covered "auto" owned by, hired from, or borrowed from such person or organization. iii. Such written contract or agreement must be executed prior to, and be in effect at the time of the covered "bodily injury" or "property damage". EMPLOYEES AS INSUREDS is added: e. Any "employee" of the Named Insured is an "insured" for Liability coverage while using his or her own "auto" in the business of the Named Insured. EMPLOYEE HIRED AUTO is added: f. An " employee" of yours while operating an "auto" hired or rented under an "auto" contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct or your business. Includes copyrighted material of ISO Properties, Inc., with its permission Page 2 of 8 MSIG 120 01 13 4. EXPANDED "EXPECTED OR INTENDED INJURY" DEFINITION SECTION If — LIABILITY COVERAGE, B.I. Expected or Intended Injury Exclusion is deleted and replaced with the following: 1. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. 6. PHYSICAL DAMAGE DEDUCTIBLE REVISIONS SECTION III - PHYSICAL DAMAGE COVERAGE D. - Deductibles: the following is added: 1. Under Comprehensive coverage, no deductible applies for glass damage if the glass is repaired rather than replaced. 2. When a covered "auto" insured for Collision under this policy collides with another "auto" we insure, the Collision deductible applicable to the covered "auto" or "autos" under this policy shall not apply. 3. When a Named Insured has more than one "auto" involved in a Collision or Comprehensive loss with an "auto" not covered by us, the single highest deductible will apply to our insured's loss. 6. PHYSICAL DAMAGE COVERAGE EXTENSIONS SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. - Coverage Extensions: the following extensions are added: ELECTRONIC EQUIPMENT COVERAGE c. Physical Damage Coverage on a covered "auto" also applies to loss to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound, subject to the following additional provisions: 1) This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto. 2) Coverage also applies to antennas and other accessories necessary for the use of the electronic equipment described in paragraph 1) above. 3) The most we will pay for all "loss" to such audio, visual or data electronic equipment and/or its accessories used with that equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen electronic equipment and/or its accessories as of the time of the "loss"; or b. $2,600, 4) Coverage applies to tapes, records or discs that are damaged while in a scheduled "auto". Theft of such property located in or on a scheduled "auto" is covered if there are visible signs of forced entry. The most we will pay for tapes, records or discs is $200. The insurance afforded by this provision does not apply to any equipment for Audio, Visual or Data Electronic Coverage that has been provided by a separate endorsement issued by us and made part of this coverage part or policy. LIMITED LOAN/LEASE GAP d. In the event of a covered total "loss" to a covered "auto" which is either owned by you or leased by you for a period of 12 consecutive months or longer, we will pay any unpaid amount due on your loan or lease for such covered "auto", subject to the following additional provisions: Includes copyrighted material of ISO Properties, Inc., with its permission Page 3 of 8 MSIG 120 01 13 We will pay only the lesser of: a) The sum of such unpaid amount, less i. The amount paid under the Physical Damage Coverage Section of the policy or coverage part; and Any: (a) Overdue IoanAease payments at the time of the "loss"; (b) Financial penalties imposed under "auto" lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit Life insurance, Health, Accident or Disability insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases; or b) $2,000. 2. This extension does not apply to any "auto' that is a land vehicle that would qualify under the definition of "mobile equipment" under this coverage part or policy if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. The insurance afforded for Limited Loan/Lease Gap Coverage in this extension endorsement does not apply if separate Loan/Lease Gap Coverage is afforded for such covered "auto' in an endorsement issued by us and made part of this coverage part or policy. LOCKSMITH SERVICE e. We will pay up to $100 for necessary locksmith services incurred when keys to a covered "auto" have been lost, stolen or damaged. No deductible applies to this coverage. BUSINESS PERSONAL PROPERTY f. We will pay up to $500 for Business Personal Property that is damaged while in a scheduled "auto". Theft is covered if the property is located in or on the "auto" at the time and there are visible signs of forced entry. REPLACEMENT COST ON NEW VEHICLES g. We will pay full replacement cost of a new "auto' that was purchased new if a total "loss" occurs within 90 days of purchase. This extension does not apply to any "auto' that is a land vehicle that would qualify under the definition of "mobile equipment" under this coverage part or policy. EXPENSE OF RETURNING STOLEN AUTO h. Under Comprehensive coverage, we will pay for the expense of returning a stolen covered "auto" to you. 7. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage in this policy or coverage part, then any Physical Damage coverage which is provided in this policy or coverage part for any "auto' you own will be extended to certain "autos" you lease, rent, hire, or borrow subject to the following provisions: A. This Hired Auto Physical Damage extension does not apply to: 1. Any "auto' that is a land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; Includes copyrighted material of ISO Properties, Inc., with its permission Page 4 of 8 MSIG 120 01 13 2. Any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership) members (if you are a limited liability company) or members of their households; or 3. Any other "auto" leased, rented, hired, or borrowed: a. For a period of more than 30 days; or b. with a driver. B. The most we will pay for any one "loss" will be the lesser of: 1. The actual cash value of the damaged or stolen "auto" as of the time of the "loss"; 2. The cost to repair or replace the damaged or stolen "auto" as of the time of the "loss"; or 3. $60,000. C. Except that such amount will be reduced by a deductible as determined by sub -paragraph 7.E. below. D. Subject to 7.13. above, the coverage we will provide will be: 1. Collision coverage if any covered "auto" owned by you has this coverage under this coverage part or policy. 2. With respect to Other Than Collision coverage: a. Comprehensive coverage if any covered "auto" owned by you has this coverage under this coverage part or policy; or b. Specified Causes of Loss coverage if any covered "auto" owned by you has this coverage under this coverage part or policy. E. Deductible Our obligation to pay for, repair, return or replace such "auto" will be reduced by a deductible for each coverage afforded under 7.C.1. and 7.C.2. above equal to the amount of the largest deductible applicable for that coverage to any covered "auto" owned by you. However, no deductible will apply to "loss" caused by fire or lightning. F. Loss of Use Expenses For any "auto" which is a covered "auto" under this extension Hired Auto Physical Damage Coverage, we will also pay expenses for loss of use of such "auto" subject to the following additional provisions: 1. Such "auto" is leased or rented under a written rental contract or agreement; 2. Such loss of use is a consequence of a covered "accident"; a. For which an "insured" is legally responsible; and b. As a result of which the leasing or rental entity suffers a monetary loss. 3. The most we will pay for any expenses for loss of use is $350 per day, to a maximum of $2,800. 4. With respect to the coverage afforded by this extension, Section III — Physical Damage Coverage Extension 4.b. - Loss Of Use does not apply. 8. AIRBAG COVERAGE EXTENSION SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions: the following is added to Item 3.a. : This exclusion does not apply to the unintended discharge of an airbag. However, airbag coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. 9. KNOWLEDGE OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, A. 2. a. is deleted and replaced with the following: a. In the event of an "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss" only when the "accident", claim, "suit" or "loss" is known to: i. You, if you are an individual; ii. A partner, if you are a partnership; iii. A member, if you are a limited liability company; Includes copyrighted material of ISO Properties, Inc., with its permission Page 6 of 8 MSIG 120 01 13 iv. An "executive officer" or the employee designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. Notice to include: a) How, when and where the "accident" or "loss" occurred; b) The "insured's" name and address; and c) To the extent possible, the names and addresses of any injured persons and witnesses. 10. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT SECTION IV — BUSINESS AUTO CONDITIONS - A.S. Transfer of Rights of Recovery Against Others to Us is deleted and replaced with the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" or "loss" arising out of the operation, maintenance, use, loading or unloading of a covered "auto" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: a. Such written contract or agreement was: 1) Made prior to the covered injury or damage; and 2) In effect at the time of the covered injury or damage; and b. The injury or damage arises out of the operations contemplated by such written contract or agreement. This waiver applies only to such person or organization designated in such written contract or agreement. 11. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The Named Insured shown in the Declarations is amended to include any organization you newly form or acquire, other than: A. A partnership, joint venture, or limited liability company; or B. An organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more than 50%, subject to the following additional provisions: 1. This insurance does not apply to any newly formed or acquired organization that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage under this provision does not apply to injury, damage, expense, or "loss" that occurred before you formed or acquired the organization. 3. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, or the end of the policy period, whichever is earlier. C. This provision does not include any newly formed or acquired organization 180 days after its formation or acquisition, unless you have given us notice of the formation or acquisition. 12. TOWING AND LABOR COVERAGE EXTENSION SECTION III — PHYSICAL DAMAGE COVERAGE, A.2. - Towing is deleted and replaced with the following: With respect to any "private passenger auto" or "light truck" you own that is provided both Comprehensive Coverage and Collision Coverage in this policy or coverage part, we will pay up to $100 for towing and labor costs incurred each time such "private passenger auto" or "light truck" is disabled subject to the following additional provisions: a. The labor must be performed at the place of disablement. b. This coverage does not apply to stolen "autos". Includes copyrighted material of ISO Properties, Inc., with its permission Page 6 of 8 MSIG 120 01 13 c. If, at the time of disablement such "private passenger auto" or "light truck" is also a covered "auto" for the Physical damage Towing And Labor coverage shown under Item Two of the Business Auto Declarations in this policy or coverage part, the most we will pay for each covered disablement is the greater of: i. The limit shown under Item Two in the Declarations; or ii. $100. 13. LIMITED RENTAL REIMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to a covered "auto" you own, subject to the following additional provisions: A. As used in this Rental Reimbursement Coverage provision, "auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads. However, "auto" does not include: 1. "Mobile equipment"; or 2. Any other land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. B. Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto". C. No deductible applies to this coverage. D. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto"; or 2. 60 days. E. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred up to: a. $60 per day for a "private passenger auto" or light truck'; b. $100 per day for other than a "private passenger auto" or "light truck"; Subject to a maximum of $3,600. F. We will also pay the following: 1. Up to $500 for reasonable and necessary expenses to remove your Business Personal Property and materials form the covered "auto". 2. Up to $100 for expenses incurred by the named insured for transportation to their intended destination from the point of the "auto" disablement or theft. G. This coverage does not apply while there is a spare or reserve "auto" available to you for your operations. H. With respect to the coverage afforded by this extension, the Transportation Expenses Coverage Extension contained in SECTION III — PHYSICAL DAMAGE COVERAGES, A. 4.a. does not apply. I. The insurance afforded for Limited Rental Reimbursement Coverage in this extension endorsement does not apply if separate Rental Reimbursement Coverage is issued by us as an endorsement and made a part of this policy or coverage part. 14. REVISIONS TO DEFINITIONS SECTION V — DEFINITIONS is revised as follows: "AUTO" AMENDED Paragraph B. "Auto" is deleted and replaced with: B. "Auto" means: 1. Aland motor vehicle, "trailer" or semitrailer designed for travel on public roads; 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is liFcensed or principally garaged. Includes copyrighted material of ISO Properties, Inc., with its permission Page 7 of 8 MSIG 120 0113 3. "Private passenger auto" means a four -wheeled auto of the private passenger or station wagon type; and 4. "Light truck" means a pick-up or panel truck, sport utility vehicle or similar "auto", with a "Gross Vehicle Weight (GVVV) of 11,000 pounds or less. Gross Vehicle Weight (GVM is the maximum loaded weight for which a single "auto" is designed, as specified by the Manufacturer. However, "auto" does not include "mobile equipnment". "INSURED CONTRACT" AMENDED Paragraph H. "Insured Contract": item d. is added to the end of the definition: d. That pertains to the ownership, maintenance or use of an "auto' and which indemnifies a person or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" specifically caused, in whole or in part by your operation or use of a covered "auto". "EXECUTIVE OFFICER" ADDED The following definition is added: "Executive Officer" means a person holding any officer position created by your charter, constitution, by-laws or any other similar governing document. Includes copyrighted material of ISO Properties, Inc., with its permission Page 8 of 8 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Insurance WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the tight to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001239225 20140622 of the Texas Mutual Insurance Company Issued to SCOTT COLLIER CONSTRUCTION LLC DBA: COLLIER CONSTRUCTION COMPANY Premium $ WC420304A (ED. 1-01-2000) 4114's -6� Endorsement No. Authorized Representative INSURED'S COPY OUSER 6-16-2014 ^� " CERTIFICATE OF LIABILITY INSURANCE D/15/ 415/201IDD/Y5 5 THIS CERTIFIrI TE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE &DES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K&S Insurance Agency 2255 Ridge Road, Ste. 333 NAMEA T Wendy Van Orden PHONE (972) 772-7231 FAX Not: (972)771-4695 EMAIL-ADDRESS.wvanorden@kandsins.com P . 0. BOX 277 Rockwall TX 75087 INSURERS AFFORDING COVERAGE NAIC # INSURERA:National Specialty Insurance 22608 INSURED Scott Collier Construction, LLC dba Collier Construction Company 2202 Avenue E Lubbock TX 79404 INSURER B :Texas Mutual Insurance Co. 22945 INSURER C.Nav1 ators Insurance CqMany 42307 INSURERD:Travelers Lloyds Ins. Company 41262 INSURERE: INSURER 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. INSR LTR TYPE OF INSURANCE UB WvDPOLICY NUMBER POLICY EFF M/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100, 000 A CLAIMS -MADE a OCCUR 0250151 6/22/2014 6/22/2015 MED EXP (Any one person) $ 3IG122 1/03 AI, WOS PERSONAL &ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 PRO LOG POLICY FRI $ AUTOMOBILE LIABILITY SINGLE LIMIT X Ea accident) 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 0250151 6/22/2014 6/22/2015 BODILY INJURY (Per accident) $ X HIRED AUTOS X NON-OWNED O - WNED SIG120 1/03 AI, WOS PROPERTY DAMAGE $ Per accident Underinsured motorist $ 11000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE 0250151 6/22/2014 6/22/2015 AGGREGATE $ 1,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION AND WC STATU- OTH- X EMPLOYERS' LIABILITY Y / N 1L10.ER E.L. EACH ACCIDENT $ OQO 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N❑ N / A B (Mandatory in NH) 0001239225 6/22/2014 6/22/2015 If yes, describe under E.L. DISEASE - EA EMPLOYE $ 11000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS below C420304A 1/00 W03 C Pollution Liability 14ECPOA4ABQIC 6/22/2014 6/22/2015 Limits per Incident/PolicyLimit $lM/$2 D Builder's Risk 16060-413939871 6/22/2014 6/22/2015 ConstrMNC/NC,FrameBV/JV $10M/$2 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: RFP 15-12191-TF Fire Alarm System Replacementlat the Lubbock Preston Smith International Airport Terminal Building See above listing of additional insured and waiver of subrogation endorsement forms. /1L'CfTIt-tAwT� t.w. e�e.e� City of Lubbock P.O.Box 2000 Room 204 Lubbock, TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE { At -nor-, fe rnnAnrne; -- INS025 (201005).01 Thompson/ORDEN "2z a� W 1ass-ZU1U ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 t MSIG'122 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MS -EDGE GENERAL LIABILITY ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS Extension Limit 1.Supplementary Payments -Increased Limits 2.Miscellaneous Additional Insureds Mortgagee, Assignee or Receiver Included Managers or Lessors of Premises included Owners or Other Interest From Whom Land Has Been Leased Included Lessor of Leased Equipment Included Owners or Contractors for Whom You are Performing Ongoing Operations Included State or Governmental Agency or Political Subdivision Included 3.Aggregate Limits of Insurance for Construction Projects General Aggregate Limit 4.Revisions to'Who Is An Insured' Volunteer Workers Included 5.Expanded "Expected or Intended Injury" Definition Included 6.Knowledge of Accident, Claim, Suit or Loss Included 7.Unintentional Omissions in Disclosure Included 8.Waiver of Subrogation by Contract or Agreement Included 9.Newly Formed or Acquired Organizations Included 10.Legal Liability for Damage to Premises Rented to You (Specified Perils) $300,000 11.1slon-Owned Watercraft Up to 51 Feet in Length Included 12.Medical Payments Revised $15,000 13.Property Damage for Tools Loaned to You $10,000 14,Revisions to Definitions "Insured Contract" Amended Included "Specified Perils" Added Included "Water Damage" Added Included _ The above is a summary of provisions in this endorsement. Please consult the specific provisions below for complete wording contained in these endorsement provisions. The endorsement provisions shall prevail in the event of a conflict between the summary and the following endorsement provisions. Includes copyrighted material of ISO Properties, Inc., with its permission Page I of 8 No Text MSIG 122 0113 ENDORSEMENT PROVISIONS The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. 1. SUPPLEMENTARY PAYMENTS INCREASED LIMITS SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. The limit shown in 1.1b, for the costs of bail bonds in increased to $3,000. B. The limit shown in 1.d. for all reasonable expenses incurred at our request, including actual loss of earnings because of time off work, is increased to $1,600. 2. MISCELLANEOUS ADDITIONAL INSUREDS SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization (known as additional insured) described in paragraphs (1) through (8) below, whom you are required to add as an additional insured on this policy under a written contract or agreement. The written contract or agreement must be: A. Currently in effect or becoming effective during the term of this policy; and B. Fully executed by you and the additional insured prior to the "bodily injury", "property damage" or "personal and advertising injury", but only the following personal or organizations are additional insureds under this endorsement, and coverage provided to such additional insureds is limited as provided herein. (1) ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability as a Mortgagee, Assignee or Receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule of All Locations You Own, Rent or Occupy. a. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (2) ADDITIONAL INSURED - MANAGERS ORLESSORSOF PREMISES SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability as a Manager or Lessor of premises and arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule of All Locations You Own, Rent or Occupy, and subject to the following additional exclusions: a. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or for that person or organization. (3) ADDITIONAL INSURED - CONTROLLING INTEREST SECTION II - WHO 1S AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) ADDITIONAL INSURED - CO-OWNER OF INSURED PREMISES SECTION 11- WHO IS AN INSURED is amended to include as an insured a co-owner of the insured's premises with respect to their liability arising out of their liability as co-owner of such premises. Includes copyrighted material of ISO Properties, Inc., with its permission Page 2 of 8 No Text MSIG 122 0113 (6) ADDITIONAL INSURED - OWNERS OR OTHER INTEREST FROM WHOM LAND HAS BEEN LEASED SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of the ownership, maintenance or us of that part of the land leased to you and shown in the Schedule of All Locations You Own, Rent or Occupy, and subject to the following additional exclusions: a. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land. (2) Structural alterations, new construdtion or demolition operations performed by or for that person or organization. (6) ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s), subject to the following additional exclusions: a. This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; (2) To "bodily injury" or "property damage" arising out of the sole negligence of that person or organization. (7) OWNERS OR CONTRACTORS FOR WHOM YOU ARE PERFORMING ONGOING OPERATIONS SECTION 11- WHO IS AN INSURED is amended to include as an insured: a. any person or organization for whom you are performing operations but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those, acting on your behalf, in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this provision ends when your operations for that additional insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (2) "Bodily Injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Includes copyrighted material of ISO Properties, Inc., with its permission Page 3 of 8 No Text MSIG 122 0113 (8) ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION SECTION II - WHO IS AN INSURED is amended to include as an insured any state or governmental agency or subdivision or political subdivision, subject to the following additional provision:. This insurance applies only with respect to the following hazards for which the state, governmental agency or subdivision or political subdivision has issued a permit in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances; coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, streetbanners, or decorations or similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance, or use of any elevators covered by this insurance. With respect to coverage provided by this provision 2. MISCELLANEOUS ADDITIONAL INSUREDS, the following additional provisions also apply: A. Any insurance provided to an additional insured designated under paragraphs (1) through (8) above does not apply: (1) To "bodily injury" or "property damage" included within the "products -completed operations hazard"; or (2) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. S. Paragraph 4.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis that is available to the additional insured unless you and the additional insured have specifically agreed in writing that this insurance be primary. Then we will treat any other insurance maintained by the additional insured for injury or damage covered by provision 2. MISCELLANEOUS ADDITIONAL INSUREDS, except such other insurance as noted in paragraph b.2. below, as excess to this insurance. 2. Any other primary liability insurance available to the additional insured for damages arising out of premises or ongoing operations for which such person or organization has been added as an additional insured by the attachment of an endorsement. When this insurance is excess, we will have no duty under SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B PERSONAL AND ADVERTISING INJURY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit'. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess' over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of. (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all the other insurance. We will share the remaining loss, if any, with any other insurance that is not described in the Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy or coverage part. 3. AGGREGATE LIMITS OF INSURANCE FOR SINGLE CONSTRUCTION PROJECTS Includes copyrighted material of ISO Properties, Inc., with its permission Page 4 of 8 No Text MSIG 122'01 13 A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I COVERAGE A, and for all medical expenses caused by accidents under SECTION I -COVERAGE C, which can be attributed only to ongoing operations at single construction projects away from premises owned by or rented to the insured: (1) The most we will pay will be capped at $10,000,000, regardless of the number of: a. "Occurrences"; b. Insureds; c. Claims made or "suits" brought; d. Persons or organizations making claims or bringing "suits'; or e. Separate construction projects. (2) Subject to paragraph 3.A.(1) above: a. A separate Single Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Project Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of. 1. Insureds; ii. Claims made or "suits" brought; or iii. Persons or organizations making claims or bringing "suits". c, Any Payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned or rented by the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION 1 - COVERAGEA, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: (1) Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Limit, whichever is applicable; and (2) Subject to paragraph 3.A.(1) above payments shall not reduce any Single Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorizing contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. If endorsement CG 25 03, Designated Construction Project(s) General Aggregate Limit (or a similar construction project(s) aggregate endorsement) is also part of this policy or coverage part, the Includes copyrighted material of ISO Properties, Inc., with its permission Page 5 of 8 No Text MSIG 122 01 13 most we will pay for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE A and all medical expenses under SECTION 1- COVERAGE C, which can be attributed only to ongoing operations at: (1) Any construction project(s) designated in such CG 25 03 or similar construction project(s) aggregate endorsement; or (2) Any construction project(s) to which the provisions of 3. AGGREGATE LIMITS OF INSURANCE FOR SINGLE CONSTRUCTION PROJECTS in this endorsement and the provisions of such CG 25 03 or similar construction project(s) aggregate endorsement both apply. will be subject to the same $10,000,000 cap shown in paragraph 3.A.(1). F. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 4. REVISIONS TO "WHO IS AN INSURED" SECTION 11- WHO IS AN INSURED, 2.a., is deleted and replaced with the following: Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited. liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business, including rendering first aid in an emergency. However, none of these employees or "volunteer workers" are insureds for: Paragraphs (1) through (2) continue to apply. 5. EXPANDED "EXPECTED OR INTENDED INJURY" DEFINITION SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. a. Expected or Intended Injury Exclusion is deleted and replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. 6. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM, OR SUIT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is revised by the addition of Items e. and f.: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer", an "employee" designated by you to give such notice, or insurance manager (if your are an organization other than a partnership, joint venture or limited liability company); or (4) A manager (if you are a limited liability company). f. The requirement in Condition 2.b. will not be breached unless the breach occurs after such claim or "suit' is known to: (1) You, if you are an individual; (2) A partner, if you are in a partnership; (3) An "executive officer" or insurance manager (if you are an organization other that a partnership, joint venture or limited liability company); or (4) A manager (if you are alimited liability company). 7. UNINTENTIONAL OMISSIONS IN DISCLOSURE SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representation is revised by the addition of Item d.: d. Your failure to disclose all hazards prior to 'occurrences" existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided such failure to disclose all hazards or prior "occurrences" is not intentional Includes copyrighted material of ISO Properties, Inc., with its permission Page 6 of 8 No Text MSIG 122 0113 This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non -renewal, 8. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: A. Premises owned, occupied by, or rented or loaned to you; B. "Your work" or "your products"; C. Ongoing operations performed by you or on your behalf, when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: (1) Such written contract or agreement was: a. Made prior to the covered injury or damage; and b. In effect at the time of the covered injury or damage; and (2) The injury or damage arises out of the operations contemplated by such written contract or agreement; and (3) This waiver applies only to such person or organization designated in such written contract or agreement. 9. NEWLY FORMED OR ACQUIRED ORGANIZATIONS SECTION II -WHO IS AN INSURED, 3. is deleted and replaced with the following: 3. The Named Insured shown in the Declarations is amended to include any organization you newly form or acquire, other than: a. A partnership, joint venture, or limited liability company; or b. An organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more that 50%, subject to the following additional provisions: I. This insurance does not apply to any newly formed or acquired organization that is an "insured" under any other General Liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. ii. Coverage under this provision does not apply to injury, damage, expense, or "loss" that occurred before you formed or acquired the organization. ill. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, or the end of the policy period, whichever is earlier. This provision does not include any newly formed or acquired organization 180 days after its formation or acquisition, unless you have given us notice of the formation or acquisition. 10. LEGAL LIABILITY FOR DAMAGE TO PREMISES RENTED TO YOU (Specified Perils) SECTION III - LIMITS OF INSURANCE, 6. is deleted and replaced with the following: 6. Subject to 5. above, the greater of: a. $300,000, or b. The damage to Premises Rented to You Limit shown in the Declarations is the most we will pay under Coverage A for any one premises while rented to you or temporarily occupied by you with permission of the owner, in the event of (1) damages because of "property damage"; or (2) damage by "specified perils". This limit will apply to all damages proximately caused by the same event, whether such damage results from "specified perils" or other covered causes of loss or any combination thereof. 11. NON -OWNED WATERCRAFT UP TO 51 FEET IN LENGTH SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, g. (2) (a) is deleted and replaced with the following: Includes copyrighted material of ISO Properties, Inc., with its permission Page 7 of 8 r �" MSIG 122 01 13 (a) Less than 51 feet long; and 12. MEDICAL PAYMENTS REVISED SECTION 1 COVERAGES, COVERAGE C MEDICAL PAYMENTS is amended as follows A.I. Insuring Agreement a.(3)(b) is deleted and replaced with the following: (3)(b) the expenses are incurred and reported to us within three years of the date of the accident; And B. Item 1.c. is added to 1. Insuring Agreement: If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this policy, we will pay medical expenses up to the greater of: (a) $15,000; or (b) The limit shown in the Declarations of this policy or coverage part, 1`3. PROPERTY DAMAGE FOR TOOLS LOANED TO YOU SECTION 1 COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2.j. Damage to Property Exclusion is revised. Item j.(3) is deleted and replaced with the following: j.(3) Tools or equipment loaned to you if the tools or equipment are being used to perform operations at the time of the loss. The most we will pay for such tools or equipment loaned to you is $10,000 per "occurrence". 14. REVISIONS TO DEFINITIONS _ SECTION V - DEFINITIONS is revised as follows: 9.a. "Insured Contract" is deleted and replaced with the following: 9.a. A contract for lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specified perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 12. "Mobile Equipment", subparagraph f.(1) is deleted and replace with the following: (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: a. Snow removal; b. Road maintenance, but nor construction or resurfacing; c. Street Cleaning The following definitions are added: 23. "Specified perils" means: Fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". 24. "Water damage" means accidental discharge of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. Includes copyrighted material of ISO Properties, Inc., with its permission Page 8 of 8 No Text MSIG 104 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF PRIMARY AND EXCESS PROVISIONS (ADDITIONAL INSUREDS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph (V) is added to Paragraph b. Excess Insurance under 4. Other Insurance — SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, as follows: This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: -- (v) That is available to any person or organization who has been added as an additional insured to this policy by endorsement. However, with respect to an additional insured added by endorsement for liability caused, in whole or in part: 1. By your acts or omissions, or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; or (b) In connection with your premises; or 2. By your maintenance, operation or use of equipment leased to you by such person or organization; this insurance shall be primary for such acts or omissions as described in subparagraphs (1)(v)2. above if you and such additional insured have agreed prior to loss in a written contract or written agreement, in effect during this policy period, that this insurance be primary for same. When required by such written contract or written agreement, we will treat as non- contributory on any other primary premises/operations liability insurance available to such additional insured for liability described in subparagraphs (1)(v)1. and (1)(v)2. above and for which such person or organization has been added as an additional insured by endorsement to this policy. However, this insurance, in all cases, is excess over any other liability insurance available to the additional insured to which such person or organization has been added as an additional insured by endorsement. B. With respect to the changes made by this endorsement, the following definition is added to Section V, DEFINITIONS: Non -Contributory means that other insurance available to the additional insured will apply as excess and will not contribute as primary to the insurance provided by this endorsement. Includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 1 No Text MSIG 120 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS Extension Limit 1.SupplementaryPayments - Increased Limits Bail bonds $3,000 Loss of Earnings $1300 2.Limited Fellow Employee Coverage Included 3.Revisions to "Who is An Insured" Additional Insured by Contract Included Employees as Insureds Included Employee Hired Auto Included 4.Expanded "Expected or Intended Injury" Definition Included 5.Physicai Damage Deductible Revisions Glass Deductible Waiver Included Collision Deductible Waiver Included Single Deductible Provision Included 6.Physical Damage Coverage Extensions Electronic Equipment Coverage Extension $2,500 Limited Loan/Lease Gap Coverage $2,000 Locksmith Services $100 Business Personal Property $500 Replacement Cost on New Vehicles Included Expense of Returning Stolen Auto Included 7.Hired Auto Physical Damage Coverage $60,006 Loss of Use $350 per day, $2,800 maximum 8.Airbag Coverage Extension Included 9.Knowiedge of Accident, Claim, Suit or Loss Included 10Waiver of Subrogation by Contract or Agreement Included 11Newly Formed or Acquired Organizations Included 12.Towing and Labor Coverage Extension $106 Includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 8 No Text MSIC' 120 0113 13.Limited Rental Reimbursement Coverage $3,600 Max. Private Passenger and Light Trucks $601day All Other "Autos" $100/day 14.Revisions to Definitions "Insured Contract" Amended Included "Auto" Amended Included "Executive Officer" Added Included I. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS SECTION li — LIABILITY COVERAGE, A.2.a. is amended as follows: 1) The limit shown in A.2.a.(2) for the costs of bail bonds is increased to $3,000. 2) The limit shown in A.2.a.(4) for all reasonable expenses incurred at our request, including actual loss of earning because of time off work, is increased to $1,500. 2. LIMITED FELLOW EMPLOYEE COVERAGE SECTION II —LIABILITY COVERAGE, B. 5.— Fellow Employees Exclusion does not apply if you have in -force Worker's Compensation insurance covering all of your "employees". Coverage is excess over any other collectible insurance. 3. REVISIONS TO "WHO IS AN INSURED" SECTION II — LIABILITY COVERAGE, A.I. - Who Is An Insured is amended as follows: ADDITIONAL INSURED BY CONTRACT: d. Any person or organization for covered "autos" (other than the owner or anyone else from whom you hire or borrow a covered "auto") is an additional insured when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. The insurance provided to such additional insured is subject to the following additional provisions: i. Such person or organization is an additional insured only with respect to their vicarious legal liability for "bodily injury" or "property damage" specifically caused, in whole or in part, by the operation or use of a covered "auto" by a person for whom Liability Coverage is provided under this policy or coverage part, and then only to the extent of that liability. ii. Such person or organization is not an additional insured for any covered "auto" owned by, hired from, or borrowed from such person or organization. iii. Such written contract or agreement must be executed prior to, and be in effect at the time of the covered "bodily injury" or "property damage". EMPLOYEES AS INSUREDS is added: e. Any "employee" of the Named Insured is an "insured" for Liability coverage while using his or her own "auto" in the business of the Named Insured. EMPLOYEE HIRED AUTO is added: f. An " employee" of yours while operating an "auto" hired or rented under an "auto" contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct or your business. Includes copyrighted material of ISO Properties, Inc., with its permission Page.2 of 8 No Text MSIG 120 01 13 4. EXPANDED "EXPECTED OR INTENDED INJURY" DEFINITION SECTION II — LIABILITY COVERAGE, B.I. Expected or Intended Injury Exclusion is deleted and replaced with the following: 1. Expected or Intended Injury `Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. 6. PHYSICAL DAMAGE DEDUCTIBLE REVISIONS SECTION III - PHYSICAL DAMAGE COVERAGE D. Deductibles: the following is added: 1. Under Comprehensive coverage, no deductible applies for glass damage if the glass is repaired rather than replaced. 2. When a covered "auto" insured for Collision under this policy collides with another "auto" we insure, the Collision deductible applicable to the covered "auto" or "autos" under this policy shall not apply. 3. When a.Named Insured has more than one "autd' involved in a Collision or Comprehensive loss with an "auto" not covered by us, the single highest deductible will apply to our insured's loss. 6. PHYSICAL DAMAGE COVERAGE EXTENSIONS SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. - Coverage Extensions: the following extensions are added: ELECTRONIC EQUIPMENT COVERAGE c. Physical Damage Coverage on a covered "auto" also applies to loss to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound, subject to the following additional provisions: 1) This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto. 2) Coverage also applies to antennas and other accessories necessary for the use of the electronic equipment described in paragraph 1) above. 3) The most we will pay for all "loss" to such audio, visual or data electronic equipment and/or its accessories used with that equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen electronic equipment and/or its accessories as of the time of the "loss"; or b. $2,500, 4) Coverage applies to tapes, records or discs that are damaged while in a scheduled "auto". Theft of such property located in or on a scheduled "auto" is covered if there are visible signs of forced entry. The most we will pay for tapes, records or discs is $200. The insurance afforded by this provision does not apply to any equipment for Audio, Visual or Data Electronic Coverage that has been provided by a separate endorsement issued by us and made part of this coverage part or policy. LIMITED LOAN/LEASE GAP d. In the event of a covered total "loss" to a covered"auto" which is either owned by you or leased by you for a period of 12 consecutive months or longer, we will pay any unpaid amount due on your loan or lease for such covered "auto", subject to the following additional provisions: Includes copyrighted material of ISO Properties, Inc., with its permission Page 3 of 8 No Text MSIG 120 0113 We will pay only the lesser of: a) The sum of such unpaid amount, less i. The amount paid under the Physical Damage Coverage Section of the policy or coverage part; and ii. Any: (a) Overdue loan/lease payments at the time of the "loss"; (b) Financial penalties imposed under "auto" lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit Life insurance, Health, Accident or Disability insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases; or b) $2, 000. 2. This extension does not apply to any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this coverage part or policy if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. The insurance afforded for Limited Loan/Lease Gap Coverage in this extension endorsement does not apply if separate Loan/Lease Gap Coverage is afforded for such covered "auto" in an endorsement issued by us and made part of this coverage part or policy. LOCKSMITH SERVICE e. We will pay up to $100 for necessary locksmith services incurred when keys to a covered "auto" have been lost, stolen or damaged. No deductible applies to this coverage. BUSINESS PERSONAL PROPERTY f. We will pay up to $500 for Business Personal Property that is damaged while in a scheduled "auto". Theft is covered if the property is located in or on the "auto" at the time and there are visible signs of forced entry. REPLACEMENT COST ON NEW VEHICLES -- g. We will pay full replacement cost of a new "auto" that was purchased new if a total "loss" occurs within 90 days of purchase. This extension does not apply to any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this coverage part or policy. EXPENSE OF RETURNING STOLEN AUTO h. Under Comprehensive coverage, we will pay for the expense of returning a stolen covered "auto" to you. 7. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage in this policy or coverage part, then any Physical Damage coverage which is provided in this policy or coverage part for any "auto" you own will be extended to certain "autos" you lease, rent, hire, or borrow subject to the following provisions: A. This Hired Auto Physical Damage extension does not apply to: 1. Any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; Includes copyrighted material of ISO Properties, Inc., with its permission Page 4 of 8 No Text MSIG 120 01 13 2. Any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership) members (if you are a limited liability company) or members of their households; or 3. Any other "auto" leased, rented, hired, or borrowed: a. For a period of more than 30 days; or b. with a driver. B. The most we will pay for any one :"loss"will be the lesser of: 1. The actual cash value of the damaged or stolen "auto" as of the time of the "loss"; 2. The cost to repair or replace the damaged or stolen "auto" as of the time of the "loss or 3. $60,000. C. Except that such amount will be reduced by a deductible as determined by sub -paragraph 7.E. below. D. Subject to 7.B. above, the coverage we will provide will be: 1. Collision coverage if any covered "auto" owned by you has this coverage under this coverage part or policy. 2. With respect to Other Than Collision coverage: a. Comprehensive coverage if any covered "auto" owned by you has this coverage under this coverage part or policy; or b. Specified Causes of Loss coverage if any covered "auto" owned by you has this coverage under this coverage part or policy. E. Deductible Our obligation to pay for, repair, return or replace such "auto" will be reduced by a deductible for each coverage afforded under 7.C.1. and 7.C.2. above equal to the amount of the largest deductible applicable for that coverage to any covered "auto" owned by you. However, no deductible will apply to "loss" caused by fire or lightning. F. Loss,of Use Expenses For any"auto" which is a covered "auto" under this extension Hired Auto Physical Damage Coverage, we will also pay expenses for loss of use of such "auto" subject to the following additional provisions: 1. Such "auto" is leased or rented under a written rental contract or agreement; 2. Such loss of use is a consequence of a covered "accident"; a. For which an "insured" is legally responsible; and b. As a result of which the leasing or rental entity suffers a monetary loss. 3. The most we will pay for any expenses for loss of use is $360 per day, to a maximum of $2,800. 4. With respect to the coverage afforded by this extension, Section III — Physical Damage Coverage Extension 4.b. - Loss Of Use does not apply. 8. AIRBAG COVERAGE EXTENSION SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions: the following is added to Item 3.a. : This exclusion does not apply to the unintended discharge of an airbag. However, airbag coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. 9. KNOWLEDGE OF ACCIDENT, CLAIM, SUIT OR LOSS - SECTION IV — BUSINESS AUTO CONDITIONS, A. 2. a. is deleted and replaced with the following: a. In the event of an "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss" only when the "accident", claim, "suit" or "loss" is known to: i. You, if you are an individual; ii. A partner, if you are a partnership; iii. A member, if you are a limited liability company; Includes copyrighted material of ISO Properties, Inc., with its permission Page 5 of 8 No Text MSIG 120''0113 IV. An "executive officer" or the employee designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. Notice to include: a) Now, when and where the "accident" or "loss" occurred; b) The "insured's" name and address; and c) To the extent possible, the names and addresses of any injured persons and witnesses. 10. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT SECTION IV — BUSINESS AUTO CONDITIONS - A.S. Transfer of Rights of Recovery Against Others to Us is deleted and replaced with the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" or "loss" arising out of the operation, maintenance, use, loading or unloading of a covered "auto" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: a. Such written contract or agreement was 1) Made prior to the covered injury or damage; and 2) In effect at the time of the covered injury or damage; and b The injury or damage arises out of the operations contemplated by such written contract or agreement. This waiver applies only to such person or organization designated in such written contract or agreement. 11. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The Named Insured shown in the Declarations is amended to include any organization you newly form or acquire, other than: A. A partnership, joint venture, or limited liability company; or B. An organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more than 50%, subject to the following additional provisions: 1. This insurance does not apply to any newly formed or acquired organization that is an "insured" under any other automobile policy or would. be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage under this provision does not apply to injury, damage, expense, or "loss" that occurred before you formed or acquired the organization. 3. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, or the end of the policy period, whichever is earlier. C. This provision does not include any newly formed or acquired organization 180 days after its formation or acquisition, unless you have given us notice of the formation or acquisition. 12. TOWING AND LABOR COVERAGE EXTENSION SECTION III — PHYSICAL DAMAGE COVERAGE, A.2. - Towing is deleted and replaced with the following: With respect to any "private passenger auto or "light truck" you own that is provided both Comprehensive Coverage and Collision Coverage in this policy or coverage part, we will pay up to $100 for towing and labor costs incurred each time such "private passenger auto" or "light truck" is disabled subject to the following additional provisions: a. The labor must be performed at the place of disablement. b. This coverage does `not apply to stolen "autos". Includes copyrighted material of ISO Properties, Inc., with its permission Page 6 of 8 I � d 3 MSIG 120 0113 c. If, at the time of disablement such "private passenger auto" or "light truck" is also a covered "auto" for the Physical damage Towing And Labor coverage shown under Item Two of the Business Auto Declarations in this policy or coverage part, the most we will pay for each covered disablement is the greater of: i. The limit shown under Item Two in the Declarations; or ii. $100. 13. LIMITED RENTAL REIMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto because of a covered physical damage "loss" to a covered "auto" you own, subject to the following additional provisions: A. As used in this Rental Reimbursement Coverage provision, "auto" means a land motor vehicle, trailer or semitrailer designed.for travel on public roads. However, "auto" does not include: 1. "Mobile equipment"; or 2. Any other land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if if were not subject to compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. B. Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto". C. No deductible applies to this coverage. D. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto"; or 2. 60 days. E. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred up to: a. $60 per day for a "private passenger auto" or light truck'; b, $100 per day for other than a "private passenger auto" or "light truok"; Subject to a maximum of $3,600. F. We will also pay the following: 1. Up to $500 for reasonable and necessary expenses to remove your Business Personal Property and materials form the covered "auto". 2. Up to $100 for expenses incurred by the named insured for transportation to their intended destination from the point of the "auto" disablement or theft. G. This coverage does not apply while there is a spare or reserve "auto" available to you for your operations. H. With respect to the coverage afforded by this extension, the Transportation Expenses Coverage Extension contained in SECTION III — PHYSICAL DAMAGE COVERAGES, A. 4.a. does not apply. 1. The insurance afforded for Limited Rental Reimbursement Coverage in this extension endorsement does not apply if separate Rental Reimbursement Coverage is issued by us as an endorsement and made a part of this policy or coverage part. 14. REVISIONS TO DEFINITIONS -- SECTION V — DEFINITIONS is revised as follows: "AUTO" AMENDED Paragraph B. "Auto" is deleted and replaced with: B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer densigned for travel on public roads; 2. Any other land vehicle that is subject to a comnpulsory or financial responsibility law or other motor vehicle insurance law where it is lir-censed or principally garaged. Includes copyrighted material of ISO Properties, Inc., with its permission Page 7 of 8 � F- �`. [� E a a ifj a i MSIG 120 01 13` 3. "Private passenger auto" means a four -wheeled auto of the private passenger or, station wagon type; and 4. "Light truck" means a pick-up or panel truck, sport utility vehicle or similar "auto", with a "Gross Vehicle Weight (GVW) of 11,000 pounds or less. - Gross Vehicle Weight (GVW) is the maximum loaded weight for which a single "auto" is designed, as specified by the Manufacturer. However, "auto" does not include "mobile equipnment". "INSURED CONTRACT" AMENDED Paragraph H. "Insured Contract': item d. is added to the end of the definition: d. That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" specifically caused, in whole or in part by your operation or use of a covered "auto". "EXECUTIVE OFFICER" ADDED The following definition is added: "Executive Officer" means a person holding any officer position created by your charter, constitution, by-laws or any other similar governing document. Includes copyrighted material of ISO Properties, Inc., with Its permission Page 8 of 8 CONTRACT i. I 1-1 Pa2e Intentionally Left Blank [if I I I I U-1 Ll Contract 12191 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 91h day of April, 2015 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Collier Construction Company of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP 15-12191-TF Fire Alarm System Replacement at the Lubbock Preston Smith International Airport Terminal Building 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. Collier Construction Company's proposal dated March 3, 2015 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: Collier Construction Company PRINTEDV, y: — wvj&�� rMMWIUA01a COMPLETE ADDRESS: CompanyC61 IQA�ConS 1C.'El Tn COPY Q rn.4 Address 2_'2_D 2. Ps J& Xt Ue E City, State, Zip LoV­_�00C t;, TK 9!J:Q+ ATTEST: Corporate Secretary t, Mayor Pro Tern Steve Nicholson, 5epul'Director Operat'bas and Safety (2)LY CATh OVJ—L Kelly Ca Abell, Director of Aviation 09A 111/ Mitch Satterwhite, First Assistant City Attorney Pate Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Pate Intentionally Left Blank I I I I GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Collier Construction Company,who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative, Steve Nicholson, Deputy Director Operations and Safety, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident Project Representatives will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of ' the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. Pate Intentionally Left Blank 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, ry equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other ' facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. The pipeline must be backfilled, tested, final grading and seeding performed for substantial completion. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 111 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work nor will Owner's Representative be responsible for the construction means methods q tY p p , techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's l ' failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to y 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 14. 15 16. Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 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 (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or ' Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21 OBSERVATION AND TESTING OBS V ON N S TIN G The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall snake necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require 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 4 t 22 23. 24. perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the L 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 t 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 r said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. f EXTRA WORK i _1 The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, i alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. <i It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of LJ the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the 1 L r ; t x_ compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement _ of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's --y Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully 6 26 27. understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than seven (7) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. c_ The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON CONTRIBUTORY BASIS TO INCLUDE PRODUCT-COMP/OP—AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKER'S COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. A. Commercial General Liability Insurance (Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $5,000,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability - Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. -DELETED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $1,000,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance. - DELETED E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) - DELETED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $1,000,000. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.__ 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. it 9 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas 4 Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor s: i` does not remedy the breach within ten days after receipt of notice of breach from the { governmental entity. F. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. j A__ 3 (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 proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so t -; the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for { one year thereafter; 4 i 11 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " 3 "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; n provide a certificate of coverage to the Contractor prior to that person beginning (��) p g p p g� g work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all r coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; 12 29. 30 (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the a current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, 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 ti, (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of BI 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. Ell PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES F! Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the 0 Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 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. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and j save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, 13 device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's t Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless 'Y the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notifythe Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as p provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs e arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. k _' 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the Notice to Proceed and contract documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall fail to meet the time requirements stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount 14 1 i 35 36 37 38 (- agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative) may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, 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 15 specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing ,,. their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities note exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. 16 43. 44. 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 documents. under the terms of the contract Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work r- performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 17 }Y 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed - that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed _u with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, 18 equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies 19 y available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in 7 the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority y to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and fvested 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. t - 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 20 55 56. 57. 58. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 21 DAVIS-BACON WAGE DETERMINATIONS Paae Intentionally Left Blank 8 EXHIBIT A 4 _! General Decision Number: TX150334 01/02/2015 TX334 Attachment and Hydraulic Crane 60 tons and above ..... $ 28.75 10.60 y _ Superseded General Decision Number: TX20140334 (3) Hydraulic cranes 59 Tons and under .............. $ 27.50 10.60 State: Texas ---------------------------------------------------------------- �> IRON0084-011 06/15/2014 1 Construction Type: Building Rates Fringes r# ' Counties: Crosby and Lubbock Counties in Texas. IRONWORKER, ORNAMENTAL ........... $ 22.02 6.35 BUILDING CONSTRUCTION PROJECTS (does not include ---------------------------------------------------------------- single family homes or apartments up to and including 4 IRON0263-003 12/01/2013 stories). Rates Fringes Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts IRONWORKER, STRUCTURAL ........... $ 22.70 5.35 subject to the Davis -Bacon Act for which the solicitation is ---------------------------------------------------------------- issued on or after January 1, 2015. If this contract is covered PLUM0404-026 07/01/2013 by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 Rates Fringes (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. PIPEFITTER ....................... $ 22.80 7.16 The EO minimum wage rate will be adjusted annually. PLUMBER .......................... $ 22.80 7.16 R Additional information on contractor requirements and worker ---------------------------------------------------------------- j protections under the EO is available at SHEE0049-001 06/01/2014 www.dol.gov/whd/govcontracts. Rates Fringes Modification Number Publication Date 0 01/02/2015 SHEET METAL WORKER (HVAC Duct Installation Only) ............... $ 22.49 11.14 BOIL0074-003 01/01/2014 - -------------------------------------------------------------- SUTX2014-060 07/21/2014 Rates Fringes Rates Fringes BOILERMAKER ...................... $ 23.14 21.55 ---------------------------------------------------------------- BRICKLAYER ....................... $ 20.04 0.00 CARP0665-001 05/01 /2014 CEMENT MASON/CONCRETE FINISHER ... $ 19.60 Rates Fringes 0.00 CARPENTER ........................ $ 20.81 6.76 INSULATOR - MECHANICAL ._s ---------------------------------------------------------------- (Duct, Pipe & Mechanical ELEC0602-008 09/01/2014 System Insulation) ............... $ 19.77 7.13 } Rates Fringes IRONWORKER, REINFORCING .......... $ 12.27 0.00 ELECTRICIAN ......................$ 20.84 3%+8.15 LABORER: Common or General ...... $ 12.35 0.00 -------------------------------------------------------------- - ENGI0178-005 06/01/2014 LABORER: Mason Tender - Brick...$ 11.36 0.00 Rates Fringes LABORER: Mason Tender - Cement/Concrete..................$ 10.58 0.00 POWER EQUIPMENT OPERATOR (1) Tower Crane ............. $ 29.00 10.60 LABORER: Pipelayer.............. $ 12.49 2.13 (2) Cranes with Pile V Driving or Caisson LABORER: Roof Tearoff........... $ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhoe ....... $14.25 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 13.93 OPERATOR: Bulldozer ............. $ 18.29 OPERATOR: Drill ................. $ 16.22 OPERATOR: Forklift .............. $ 14.83 OPERATOR: Grader/Blade .......... $ 13.37 OPERATOR: Loader ................$ 13.55 OPERATOR: Mechanic .............. $ 17.52 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.03 0.00 0.00 1.31 0.34 0.00 0.00 0.94 3.33 0.00 PAINTER (Brush, Roller, and Spray) ........................... $ 14.27 0.00 ROOFER ........................... $ 13.75 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation ........... $ 21.13 6.53 TILE FINISHER .................... $ 11.22 0.00 TILE SETTER ...................... $ 14.00 2.01 TRUCK DRIVER: Dump Truck ........ $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................ $ 12.50 0.00 TRUCK DRIVER: Water Truck ....... $ 12.00 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non- union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS ., 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. DFW Consulting Group, Inc. SECTION 0072 00 GENERAL CONDITIONS FORM OF GENERAL CONDITIONS 1.01 All documents listed in the Notice to Bidders paragraph 30, including, but not limited to, the General Instructions to Bidders, and all other City of Lubbock documents are a part of this Contract and is incorporated herein as though it were fully printed and bound into these documents. The General Conditions and all modifications listed hereinafter shall apply to all subcontracts and subcontractors. 1.02 AIA Document A201, General Conditions of the Contract for Construction, 1997 Edition, Articles 1 through 14 inclusive, is a part of this Contract and is incorporated herein as though it were fully printed and bound into these documents. The General Conditions and all modifications listed hereinafter shall apply to all subcontracts and subcontractors. END OF DOCUMENT Lubbock Airport Fire Alarm Renovation Lubbock, TX October 14, 2014 007200-1 Pate Intentionally Left Blank i " Nelson Hodges Architects, LP SECTION 00 73 63 AIRPORT OPERATIONS SECURITY PART GENERAL 1.1 Airport security is a vital part of the Contractor's responsibilities during the course of this project. The following security guidelines and the rules and regulations of the Lubbock Preston Smith International Airport Operations Department (LBB Operations) and the Transportation Security Administration (TSA) shall be followed by the Contractor and the Contractor's employees, subcontractors, suppliers and representatives at all times during the execution of this project. The contractor shall be directly responsible for any and all fines or penalties levied against the Airport as a result of any breach of security or safety caused by the Contractor or the Contractor's employees, subcontractors, suppliers or representatives. 1.2 CONTRACTOR USE OF SITE AND PREMISES A. Airport Operations Area (AOA). 1 The Airport operations area (AOA) shall be defined as any portion of the Airport property normally secured against unauthorized entry. The AOA includes all areas specifically reserved for the operations of aircraft and aircraft support equipment and personnel. Generally, the AOA is defined by the Airport's outer security fencing and other security measures at the Airport terminal building. DO NOT leave access under secure fence at any time. B. LBB Operations -Issued Security Badges 1 The Contractor shall be responsible for obtaining a photo -identification security badge issued by the LBB Operations for each member of each work crew working within the AOA. It is the intent of these specifications that all individuals responsible to the Contractor, including the Contractor's employees, subcontractors, suppliers or representatives, obtain and display an LBB Operations security badge. 2 The Contractor may obtain LBB operations security badges from the Lubbock Preston Smith International Airport Operations Department at the Lubbock Preston Smith International Airport. LBB Operations reserves the right to limit the number of security badges issued to the Contractor. LBB Operations will charge the Contractor a fifteen dollar ($15.00) fee for each security badge issued. The cost for a fingerprint verification will be an additional $30.00. An additional fee will be charged, as noted later in this section, for lost or destroyed badges. 3 LBB Operations security badges shall be worn in an easily visible location on the person issued the badge at all times while working within the AOA. The badge holder shall be familiar with and shall obey all security and safety rules and regulations. LBB Operations security badge may be confiscated and all security rights revoked by LBB Operations upon the breach of any security or safety regulations at the discretion of LBB Operations. The holder of an LBB Operations security badge shall surrender the bade at the completion of this project, upon transfer or termination of employment, or at any other time at the request of LBB Operations. 4 The Contractor shall conduct a background check of each applicant for an LBB Operations security badge utilizing standard background check forms provided by LBB Operations. The Contractor is responsible for completing the required forms, and for submitting the forms to LBB Operations for their review as early in the project as possible to avoid any construction delays. Forms for completing the required background check shall be available through the Director of Aviation's office after award of the project. The background check shall show proof of a minimum five (5) year employment record and will be reviewed by LBB Operations. LBB Operations shall be responsible for reviewing the background checks. Only persons whose application is approved by LBB Operations shall be issued security badges. LBB Operations reserves the right to bar from the AOA any - Ameriflight Hangar Renovation — Phase II July 15, 2014 DFW Airport, TX 00 73 63 - 1 Nelson Hodges Architects, LP individuals found by the background check to be, in the opinion of LBB Operations, a risk to AOA security of safety. 5 At the completion of this project, the Contractor shall return all LBB Operations -issued security badges to LBB Operations. LBB Operations will charge and additional one hundred dollar ($100.00) fee for each lost or destroyed LBB Operations -issued security badge. All LBB Operations -issued security badges must be accounted for and surrendered at the completion of this project. Failure to account for and surrender all LBB Operations -issued security badges will constitute grounds for withholding retainage from the final pay estimate amount. C. Contractor's Entrance Gate 1 Adjacent to the Contractor's entrance gate, outside the AOA, the contractor shall provide a parking area for the Contractor's employees' personal automobiles. The limits of this parking/storage area shall be as directed by the Engineer. At the completion of this project, any damage done by the Contractor to this area shall be repaired to the satisfaction of the Engineer at no additional cost to the owner. Repairs shall include, but not be limited to, regrading and reseeding or repaving any damaged areas. 2 The Contractor shall be responsible for, and shall control all movement through the Contractor's entrance gate. Only authorized personnel and vehicles shall be allowed to enter the AOA through this gate. When not in immediate use by the contractor, the gate shall be securely locked by the Contractor to prevent entrance by unauthorized persons or vehicles. Upon request, the Contractor shall provide the Director of Aviation and the LBB Operations with duplicate keys (for key locks) or combinations (for combination locks) to the lock or locks used to secure the Contractor's entrance gate to the AOA. 3 If construction activities, such as hauling materials, require that the Contractor's entrance gate to the AOA remain open for long periods of time, the Contractor may, upon approval from the Engineer, leave the gate open and provide a full-time watchguard at the gate. The watchguard shall be approved for and shall possess an LBB Operations -issued security badge. If this security arrangement is desired and approved, the gate shall be manned by the watchguard as long as the gate remains open. The watchguard shall be the Contractor's representative and shall be responsible for all movement through the gate, Again, only authorized persons and vehicles shall be allowed by the Contractor's watchguard to enter the AOA. At the Contractor's option, and upon approval of the Engineer, an automatic gate operator may be installed in lieu of providing a watchguard. D. Vehicle Escorts 1 All vehicles responsible to the Contractor, such as supplier's vehicles, entering the AOA shall be escorted by an approved Contractor escort vehicle from the point of AOA entry to the construction site. The escort vehicle shall be clearly identified with standard FAA markings and/or FAA flags,. In addition, the escort vehicle shall be marked with the Contractor's name. 2 The escort vehicle will be responsible for leading supply, delivery or other vehicles across the active airfield. To facilitate safe movement of the escort vehicle and the escorted vehicles, the driver of the escort vehicle shall be approved for, shall be issued, and shall display an LBB Operations security badge. Further, the escort vehicle driver shall be familiar with airport security and safety procedures. E. Challenging Unauthorized Personnel or Vehicles 1 The Contractor and the Contractor's employees, subcontractors, suppliers, and representatives who have been issued an LBB Operations security badge shall be responsible for challenging any person or vehicle fund on the AOA or other non-public areas who is not displaying a valid LBB Operations security badge, or who cannot produce a valid LBB Operations security badge, or who is not under escort or under the direct supervision of a person possessing a valid LBB Operations security badge. The challenge shall consist of notifying the person that he is within a restricted area, and informing the Ameriflight Hangar Renovation — Phase II DFW Airport, TX July 15, 2014 007363-2 �j Nelson Hodges Architects, LP person of an appropriate exit route. Should the unauthorized person refuse to exit the restricted area, LBB Operations shall be immediately notified for further action, and the unauthorized person shall be kept under surveillance until LBB Operations arrive. 2 Any expired or altered badge, or any badge bearing a photograph not matching the bearer, shall be brought to the attention of LBB Operations and shall be immediately confiscated by LBB Operations or the Director of Aviation. F. Cranes or Hoists 1 Any construction activity utilizing a crane or any other hoisting device shall have the prior, written approval of the Federal Aviation Administration. The contractor shall be responsible for filling the prescribed forms for airspace clearance in accordance with Part 77 of the Federal Aviation Regulations. Applications for airspace clearance must be submitted at least thirty (30) days prior to the beginning of construction activities. To avoid construction delays, the Contractor is urged to file the prescribed forms in a timely manner. Airspace clearance from the FAA must be approve prior to the erection of the crane or other hoisting device. 2 When requesting approval for the use of a crane or other hoisting device, the following information is required: a. Exact location of construction activities utilizing a crane or other hoisting device. b. Maximum extendable height of crane or other hoisting device. c. Duration of construction activities utilizing a crane or other hoisting device. d. Daily ours of crane or other hoisting device operation. 3 The top of the crane or other hoisting device shall be marked with a 3-foot by 3-foot safety -orange and white checkered flag. The crane or other hoisting device shall be lowered at night or at the conclusion of construction activities, or during periods of poor visibility (ILS conditions) as directed by the Director of Aviation or the Engineer, or at any other time at the direction of the Director or Aviation or the Engineer. 4 The Contractor shall notify the Engineer and Director of Aviation at least forty-eight (48) hours prior to actual erection of the crane or other hoisting device. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION Ameriflight Hangar Renovation — Phase II July 15, 2014 DFW Airport, TX 00 73 63 - 3 DFW Consulting Group, Inc. PRICE AND PAYMENT PROCEDURES PART GENERAL 1.1 SECTION INCLUDES A. Procedures for preparation and submittal of applications for progress payments. B. Documentation of changes in Contract Price and Contract Time. C. Change procedures. D. Correlation of Contractor submittals based on changes. E. Procedures for preparation and submittal of application for final payment. 1.2 SCHEDULE OF VALUES A. Provide electronic media printout acceptable to Owner and Engineer. Submit sample form to Engineer for approval. B. Forms filled out by hand will not be accepted. C. Submit Schedule of Values in duplicate within 15 days after date of Owner -Contractor Agreement. D. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the specification Section. Identify site mobilization and bonds and insurance. E. Include separately from each line item, a direct proportional amount of Contractor's overhead and profit. F. Revise schedule to list approved Change Orders, with each Application For Payment. 1.3 APPLICATIONS FOR PROGRESS PAYMENTS A. Payment Period: Submit at intervals stipulated in the Agreement. B. Provide electronic media printout acceptable to Owner and Engineer. Submit sample form to Engineer for approval. C. Forms filled out by hand will not be accepted. D. For each item, provide a column for listing each of the following: 1. Item Number. 2. Description of work. 3. Scheduled Values. 4. Previous Applications. 5. Work in Place and Stored Materials under this Application. 6. Authorized Change Orders. 7. Total Completed and Stored to Date of Application. 8. Percentage of Completion. 9. Balance to Finish. 10. Retainage. E. Execute certification by signature of authorized officer. F. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 20 00 - 1 DFW Consulting Group, Inc. 1,; 3 G. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of Work. H. Submit three copies of each Application for Payment. I. Include the following with the application: 1. Construction progress schedule, revised and current as specified in Section 01 30 00. 2. Current construction photographs specified in Section 01 30 00. 3. Partial release of liens from major Subcontractors and vendors. 4. Affidavits attesting to off -site stored products. J. When Engineer requires substantiating information, submit data justifying dollar amounts in question. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. 1.4 MODIFICATION PROCEDURES A. For minor changes not involving an adjustment to the Contract Price or Contract Time, Engineer will issue instructions directly to Contractor. B. Contractor cannot proceed with change order work until the City of Lubbock change order form has been processed through the City. Any change order of $50,000.00 or more requires City Council approval prior to work proceeding. All change orders must be approved by the Engineer. C. For changes for which advance pricing is desired, Engineer will issue a document that includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change. Contractor shall prepare and submit a fixed price quotation within 10 calendar days. D. Contractor may propose a change by submitting a request for change to Engineer, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. Document any requested substitutions in accordance with Section 01 60 00. } E. Computation of Change in Contract Amount: As specified in the Agreement and Conditions of the Contract. 1. For change requested by Engineer for work falling under a fixed price contract, the amount will be based on Contractor's price quotation. 2. For change requested by Contractor, the amount will be based on the Contractor's request for a Change Order as approved by Engineer. 3. For pre -determined unit prices and quantities, the amount will based on the fixed unit prices. 4. For change ordered by Engineer without a quotation from Contractor, the amount will be determined by Engineer based on the Contractor's substantiation of costs as specified for ' Time and Material work. F. Substantiation of Costs: Provide full information required for evaluation. 1. On request, provide following data: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. Credit for deletions from Contract, similarly documented. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 20 00 - 2 DFW Consulting Group, Inc. 2. Support each claim for additional costs with additional information: a. Origin and date of claim. b. Dates and times work was performed, and by whom. c. Time records and wage rates paid. d. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 3. For Time and Material work, submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. G. Execution of Change Orders: Engineer will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. H. After execution of Change Order, promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. I. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -schedules to adjust times for other items of work affected by the change, and resubmit. J. Promptly enter changes in Project Record Documents. 1.5 APPLICATION FOR FINAL PAYMENT A. Prepare Application for Final Payment as specified for progress payments, identifying total adjusted Contract Price, previous payments, and sum remaining due. B. Application for Final Payment will not be considered until the following have been accomplished: 1. All closeout procedures specified in Section 01 70 00. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 20 00 - 3 DFW Consulting Group, Inc. 1, liC�li:I1 '1iiM REQUESTS FOR INTERPRETATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Definitions. B. Procedure for submittals requesting interpretation. C. Number of copies of submittals. D. Submittal procedures. 1.02 RELATED SECTIONS A. General Conditions. B. Section 01 30 00 - Administrative Requirements: Additional administrative requirements. 1.03 PROJECT COORDINATION A. When required, make the following types of submittals to the Engineer. 1. Requests for Interpretation. 1.04 DEFINITIONS A. The term Owner throughout this section refers to the Owner or the Owner's designated representative. B. Requests for Interpretation: A request from the Contractor or one of its subcontractors, to the owner, seeking an interpretation or a clarification of some requirement of the contract documents. The Contractor shall clearly and concisely set forth the issue for which it seeks clarification or interpretation and why a response is needed from the owner. The Contractor shall, in the written request, set forth its interpretation or understanding of the contracts requirements along with reasons why it has reached such an understanding. Responses from the Owner will not change any requirements of the contract documents. Responses to Contractor inquiries shall be as outlined in the Article "Requests for Interpretation" shown in this section and as additionally described in the General Conditions. C. Drawing/Plan Clarification: An answer from the owner, in response to an inquiry from the Contractor, intended to make some requirement(s) of the drawings or plans clearly understood. Drawing/plan clarifications may be sketches, drawings, or in narrative form and will not change any requirements of the drawings or plans. Responses to Contractor inquiries shall be as outlined in the Article "Requests for Interpretation" shown in this section and as additionally described in the General Conditions. D. Project Communications: Routine written communications between the owner and the Contractor shall be in letter, field memo, fax format or email where the appropriate form is attached to the email. Such communications shall not be identified as Requests for Interpretation nor shall they substitute for any other written requirement pursuant to the provisions of these contract documents. 1.05 REQUESTS FOR INTERPRETATION A. In the event that the Contractor or subcontractor, at any tier, determines that some portion of the drawings, specifications, or other contract documents requires clarification or interpretation by the owner, the Contractor shall submit a Request for Interpretation in writing to the Owner. Requests for Information may only be submitted by the Contractor and shall only be submitted on the Request for Interpretation Forms provided by the Owner, or Contractor provided forms ' Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 26 13 - 1 DFW Consulting Group, Inc. approved by the Owner. The Contractor shall clearly and concisely set forth the issue for which clarification or interpretation is sought and why a response is needed from the Owner. In the Request for Interpretation, the Contractor shall set forth an interpretation or understanding of the requirement along with reasons why such an understanding was reached. B. The Owner will review all Requests for Interpretation to determine whether they are Requests for Interpretation within the meaning of this term. If the Owner determines that the document is not a Request for Interpretation, it will be returned to the Contractor, unreviewed, for resubmittal on the proper form and in the proper manner. C. Responses to Requests for Interpretation shall be issued within fifteen (15) working days of receipt of the request from the Contractor unless the Owner determines that a longer time is necessary to provide an adequate response. If a longer time is determined necessary by the Owner, the Owner will, within five (5) working days of receipt of the request, notify the Contractor of the anticipated response time. If the Contractor submits a Request for Interpretation on an activity with ten (10) working days or less of float on the current project schedule, the Contractor shall not be entitled to any time extension due to the time it takes the owner to respond to the request provided that the owner responds within the 15 (Fifteen) working days set forth above. D. Responses from the Owner will not change any requirement of the contract documents. In the event the Contractor believes that a response to a Request for Interpretation will cause a change to the requirements of the contract documents, the Contractor shall give written notice to the owner stating that the Contractor considers the response to be a Change Order. Failure to give such written notice within (5) working days shall waive the Contractor's right to seek additional time or cost under the Changes article of the General Conditions. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 REQUESTS FOR INTERPRETATION A. Where interpretation of Contract Documents is required, submit to Engineer for review for the limited purpose of providing clarification of the information given and the design concept expressed in the contract documents. 3.02 SUBMITTALS OF REQUEST FOR INTERPRETATION A. Submit on form provided by the Owner or Owner approved Contractor form. Incomplete forms will not be considered. 3.03 NUMBER OF COPIES OF SUBMITTALS A. Submit two copies of each Request For interpretation to Owner's designated representative 3.04 SUBMITTAL PROCEDURES A. Sequentially number the Requests for Interpretation. B. Distribute copies of reviewed forms as appropriate. Instruct parties to promptly report any inability to comply with requirements. C. Submittals deemed to be a submittal that does not qualify as a Request for Interpretation will be returned. Re -submittal will be processed under the appropriate category. END OF SECTION Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 26 13 - 2 I" DFW Consulting Group, Inc. SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS PART GENERAL 1.1 SECTION INCLUDES A. Electronic document submittal service. B. Preconstruction meeting. C. Progress meetings. D. Construction progress schedule. E. Progress photographs. F. Submittals for review, information, and project closeout. G. Number of copies of submittals. H. Submittal procedures. 1.2 RELATED REQUIREMENTS A. Document 00 72 00 - General Conditions. B. Section 01 70 00 - Execution and Closeout Requirements: Additional coordination requirements. 1.3 PROJECT COORDINATION A. Project Coordinator: Owner's appointed representative. B. Cooperate with the Project Coordinator in allocation of mobilization areas of site; for field offices and sheds, forvehicular access, traffic, and parking facilities. C. During construction, coordinate use of site and facilities through the Project Coordinator. D. Comply with Project Coordinator's procedures for intra-project communications; submittals, reports and records, schedules, coordination drawings, and recommendations; and resolution of ambiguities and conflicts. E. Comply with instructions of the Project Coordinator for use of temporary utilities and construction facilities. F. Coordinate field engineering and layout work under instructions of the Engineer. G. Make the following types of submittals to Engineer: 1. Requests for interpretation. 2. Requests for substitution. 3. Shop drawings, product data, and samples. 4. Test and inspection reports. 5. Manufacturer's instructions and field reports. 6. Applications for payment and change order requests. 7. Progress schedules. 8. Coordination drawings. 9. Closeout submittals. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 30 00 -1 DFW Consulting Group, Inc. 3.1 ELECTRONIC DOCUMENT SUBMITTAL SERVICE A. All documents transmitted for purposes of administration of the contract are to be in electronic (PDF) format and transmitted via electronic means. 1. Besides submittals for review, information, and closeout, this procedure applies to requests for information (RFIs), progress documentation, contract modification documents (e.g. supplementary instructions, change proposals, change orders), applications for payment, field reports and meeting minutes, and any other document any participant wishes to make part of the project record. 2. Contractor and Engineer are required to use this service. 3. It is Contractor's responsibility to submit documents in PDF format. 4. Subcontractors, suppliers, and Engineer's consultants are to be permitted to use the service at no extra charge. 5. Users of the service need an email address, Internet access, and PDF review software that includes ability to mark up and apply electronic stamps (such as Adobe Acrobat, www.adobe.com, or Bluebeam PDF Revu, www.bluebeam.com), unless such software capability is provided by the service provider. 6. Paper document transmittals will not be reviewed. 7. All other specified submittal and document transmission procedures apply, except that electronic document requirements to not apply to samples or color selection charts. 3.2 PRECONSTRUCTION MEETING A. Owner will schedule a meeting after Notice of Award. B. Attendance Required: 1. Owner. 2. Engineer. 3. Contractor. 4. Subcontractors. C. Agenda: 1. Execution of Owner -Contractor Agreement. Note: After City Council awards the construction contract, the contracts will be sent to Contractor for signature; the City signs last. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 5. Designation of personnel representing the parties to Contract for, Contractor and Engineer. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 7. Scheduling an establishment of Notice to Proceed date. D. Record minutes and distribute copies within two days after meeting to participants, with two copies to Engineer, Owner, participants, and those affected by decisions made. 3.3 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at maximum bi-monthly intervals. B. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Engineer, as appropriate to agenda topics for each meeting. C. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 30 00 - 2 IDFW Consulting Group, Inc. 3. Field observations, problems, and decisions. 4. Identification of problems that impede, or will impede, planned progress. 5. Review of submittals schedule and status of submittals. 6. Maintenance of progress schedule. ` a 7. Corrective measures to regain projected schedules. 8. Planned progress during succeeding work period. 9. Maintenance of quality and work standards. 10. Effect of proposed changes on progress schedule and coordination. 11. Other business relating to Work. D. Record minutes and distribute copies within two days after meeting to participants, with two copies to Engineer, Owner, participants, and those affected by decisions made. 3.4 CONSTRUCTION PROGRESS SCHEDULE A. Within 10 days after date of the Agreement, submit preliminary schedule defining planned operations for the first 60 days of Work, with a general outline for remainder of Work. B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment. 3.5 PROGRESS PHOTOGRAPHS A. Submit photographs with each application for payment, taken not more than 3 days prior to submission of application for payment. B. Photography Type: Digital; electronic files. C. Provide photographs of site and construction throughout progress of Work produced by an experienced photographer, acceptable to Engineer. D. Views: 1. Provide non -aerial photographs from four cardinal views at each specified time, until Date of Substantial Completion. 2. Consult with Engineer for instructions on views required. 3. Provide factual presentation. 4. Provide correct exposure and focus, high resolution and sharpness, maximum depth of field, and minimum distortion. E. Digital Photographs: 24 bit color, minimum resolution of 1024 by 768, in JPG format; provide files unaltered by photo editing software. 1. Delivery Medium: Via email. 2. File Naming: Include project identification, date and time of view, and view identification. 3. PDF File: Assemble all photos into printable pages in PDF format, with 2 to 3 photos per page, each photo labeled with file name; one PDF file per submittal. 3.6 SUBMITTALS FOR REVIEW A. When the following are specified in individual sections, submit them for review: 1. Product data. 2. Shop drawings. 3. Samples for selection. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 30 00 - 3 DFW Consulting Group, Inc. 4. Samples for verification. B. Submit to Engineer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. C. Samples will be reviewed only for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below. 3.7 SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. 7. Other types indicated. B. Submit for Engineer's knowledge as contract administrator or for Owner. No action will be taken. 3.8 SUBMITTALS FOR PROJECT CLOSEOUT A. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated. B. Submit for Owner's benefit during and after project completion. 3.9 NUMBER OF COPIES OF SUBMITTALS A. Documents: Submit one electronic copy in PDF format; an electronically -marked up file will be returned. Create PDFs at native size and right -side up; illegible files will be rejected. B. Samples: Submit the number specified in individual specification sections; one of which will be retained by Engineer. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specifically so stated. 3.10 SUBMITTAL PROCEDURES A. Transmit each submittal with approved form. B. Sequentially number the transmittal form. Revise submittals with original number and a sequential alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and coordinate submission of related items. F. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. I Lubbock Airport Fire Alarm Renovation October 14, 2014 ' Lubbock, TX 01 30 00 - 4 DFW Consulting Group, Inc. G. Identify variations from Contract Documents and Product or system limitations that may be - - detrimental to successful performance of the completed Work. H. Provide space for Contractor and Engineer review stamps. �. I. When revised for resubmission, identify all changes made since previous submission. J. Distribute reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. K. Submittals not requested will not be recognized or processed. Mi<IZ0T�yxSYRO ' Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 30 00 - 5 t._ DFW Consulting Group, Inc. SECTION 01 32 16 CONSTRUCTION PROGRESS SCHEDULE PART 1 GENERAL 1.1 SECTION INCLUDES A. Preliminary schedule. B. Construction progress schedule, with network analysis diagrams and reports. 1.2 REFERENCES 1.3 SUBMITTALS A. Within 10 days after date of Agreement, submit preliminary schedule defining planned operations for the first 60 days of Work, with a general outline for remainder of Work. B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment. 1.4 QUALITY ASSURANCE A. Scheduler: Contractor's personnel or specialist Consultant specializing in CPM scheduling with one years minimum experience in scheduling construction work of a complexity comparable to this Project, and having use of computer facilities capable of delivering a detailed graphic printout within 48 hours of request. 1.5 SCHEDULE FORMAT A. Listings: In chronological order according to the start date for each activity. Identify each activity with the applicable specification section number. B. Diagram Sheet Size: Maximum 24 x 36 inches or width required. C. Scale and Spacing: To allow for notations and revisions. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.1 PRELIMINARY SCHEDULE A. Prepare preliminary schedule in the form of a horizontal bar chart. 3.2 NETWORK ANALYSIS A. Prepare network analysis diagrams and supporting mathematical analyses using the Critical Path Method. B. Illustrate order and interdependence of activities and sequence of work; how start of a given activity depends on completion of preceding activities, and how completion of the activity may restrain start of subsequent activities. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 32 16 - 1 DFW Consulting Group, Inc. C. Mathematical Analysis: Tabulate each activity of detailed network diagrams, using calendar dates, and identify for each activity: 1. Preceding and following event numbers. 2. Activity description. 3. Estimated duration of activity, in maximum 15 day intervals. 4. Earliest start date. 5. Earliest finish date. 6. Actual start date. 7. Actual finish date. 8. Latest start date. 9. Latest finish date. 10. Total and free float; float time shall accrue to Owner and to Owner's benefit. 11. Monetary value of activity, keyed to Schedule of Values. 12. Percentage of activity completed. 13. Responsibility. D. Analysis Program: Capable of accepting revised completion dates, and recomputation of all f dates and float. E. Required Reports: List activities in sorts or groups: _ 1. By preceding work item or event number from lowest to highest. 2. By amount of float, then in order of early start. 3.3 REVIEW AND EVALUATION OF SCHEDULE A. Participate in joint review and evaluation of schedule with Engineer at each submittal. B. Evaluate project status to determine work behind schedule and work ahead of schedule. _ C. After review, revise as necessary as result of review, and resubmit within 10 days. 3.4 UPDATING SCHEDULE A. Maintain schedules to record actual start and finish dates of completed activities. B. Indicate progress of each activity to date of revision, with projected completion date of each activity. C. Annotate diagrams to graphically depict current status of Work. D. Identify activities modified since previous submittal, major changes in Work, and other ' identifiable changes. E. Indicate changes required to maintain Date of Substantial Completion. �_. F. Submit reports required to support recommended changes. 3.5 DISTRIBUTION OF SCHEDULE A. Distribute copies of updated schedules to Contractor's project site file, to Subcontractors, suppliers, Engineer, Owner, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections shown in schedules. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 32 16 - 2 DFW Consulting Group, Inc. SECTION 0140 00 �1 via lIVAVX01111:»L1:4ZI .9 PART GENERAL 1.1 SECTION INCLUDES A. References and standards. B. Quality assurance submittals. C. Control of installation. D. Tolerances. E. Testing services. 1.2 REFERENCE STANDARDS 1.3 SUBMITTALS A. Testing Agency Qualifications: 1. Prior to start of Work, submit agency name, address, and telephone number, and names of full time specialist and responsible officer. B. Test Reports: After each test/inspection, promptly submit two copies of report to Engineer and to Contractor. 1. Include: a. Date issued. b. Project title and number. c. Name of inspector. d. Date and time of sampling or inspection. e. Identification of product and specifications section. f. Location in the Project. g. Type of test/inspection. h. Date of test/inspection. i. Results of test/inspection. j. Conformance with Contract Documents. k. When requested by Engineer, provide interpretation of results. 2. Test report submittals are for Engineer's knowledge as contract administrator for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents, or for Owner's information. C. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation/application subcontractor to Engineer, in quantities specified for Product Data. 1. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. 2. Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. D. Manufacturer's Instructions: When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, for the Owner's information. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. 1.4 REFERENCES AND STANDARDS Lubbock Airport Fire Alarm Renovation Lubbock, TX October 14, 2014 -' 01 40 00 -1 i i_ DFW Consulting Group, Inc. A. For products and workmanship specified by reference to a document or documents not included in the Project Manual, also referred to as reference standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable -` codes. B. Conform to reference standard of date of issue current on date of Contract Documents, except where a specific date is established by applicable code. C. Obtain copies of standards where required by product specification sections. D. Maintain copy at project site during submittals, planning, and progress of the specific work, until _._ Substantial Completion. E. Should specified reference standards conflict with Contract Documents, request clarification from Engineer before proceeding. F. Neither the contractual relationships, duties, or responsibilities of the parties in Contract nor those of Engineer shall be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.5 TESTING AND INSPECTION AGENCIES A. Contractor will employ and pay for services of an independent testing agency to perform specified testing. B. Employment of agency in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents. - PART 2 PRODUCTS - NOT USED PART 3 EXECUTION ._. 3.1 CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have Work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement. H. Contractor and Subcontractors will ensure that, when working in the Sterile Area, all tools will remain under the control of contractor's or subcontractors' employees at all times. Contractor's _ and subcontractors' employees cannot leave tools unattended at any time. I. Any work that creates a large amount of noise and/or dust may need to be scheduled for after hours. Contractor to coordinate with Owner's Representative. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 40 00 - 2 DFW Consulting Group, Inc. 06111WilUC7_L[4M A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Engineer before proceeding. C. Adjust products to appropriate dimensions; position before securing products in place. A. See individual specification sections for testing required. B. Testing Agency Duties: 1. Provide qualified personnel at site. Cooperate with Engineer and Contractor in performance of services. 2. Perform specified sampling and testing of products in accordance with specified standards. 3. Ascertain compliance of materials and mixes with requirements of Contract Documents. 4. Promptly notify Engineer and Contractor of observed irregularities or non-conformance of Work or products. 5. Perform additional tests and inspections required by Engineer. 6. Submit reports of all tests/inspections specified. C. Limits on Testing/Inspection Agency Authority: 1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency may not approve or accept any portion of the Work. 3. Agency may not assume any duties of Contractor. 4. Agency has no authority to stop the Work. D. Contractor Responsibilities: 1. Deliver to agency at designated location, adequate samples of materials proposed to be used that require testing, along with proposed mix designs. 2. Cooperate with laboratory personnel, and provide access to the Work. 3. Provide incidental labor and facilities: a. To provide access to Work to be tested/inspected. b. To obtain and handle samples at the site or at source of Products to be tested/inspected. c. To facilitate tests/inspections. d. To provide storage and curing of test samples. 4. Notify Engineer and laboratory 24 hours prior to expected time for operations requiring testing/inspection services. 5. Employ services of an independent qualified testing laboratory and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. 6. Arrange with Owner's agency and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. E. Re -testing required because of non-conformance to specified requirements shall be performed by the same agency on instructions by Engineer. F. Re -testing required because of non-conformance to specified requirements shall be paid for by Contractor. 3.4 DEFECT ASSESSMENT A. Replace Work or portions of the Work not conforming to specified requirements. B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, Engineer will direct an appropriate remedy or adjust payment. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 40 00 - 3 DFW Consulting Group, Inc. END OF SECTION Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 40 00 - 4 l DFW Consulting Group, Inc. 2.3 PRODUCT OPTIONSF. A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. PART 3 3.1 SUBSTITUTION EXECUTION PROCEDURES A. Instructions to Bidders specify time restrictions for submitting requests for substitutions during the bidding period. Comply with requirements specified in this section. F B. Engineer will consider requests for substitutions only within 15 days after date of Agreement. C. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. P! D. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. E. A request for substitution constitutes a representation that the submitter: l 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the substitution as for the specified product. rill 3. Will coordinate installation and make changes to other Work that may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension that may subsequently become apparent. 5. Will reimburse Owner and Engineer for review or redesign services associated with re - approval by authorities. F. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. G. Substitution Submittal Procedure: t.t 1. Submit electronic request in PDF format for substitution for consideration. Limit each request to one proposed substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The Engineer will notify Contractor in writing of decision to accept or reject request. 3.2 OWNER -SUPPLIED PRODUCTS A. Owner's Responsibilities: 1. Arrange for and deliver Owner reviewed shop drawings, product data, and samples, to Contractor. 2. Arrange and pay for product delivery to site. 3. On delivery, inspect products jointly with Contractor. 4. Submit claims for transportation damage and replace damaged, defective, or deficient items. 5. Arrange for manufacturers' warranties, inspections, and service. Lubbock Airport Fire Alarm Renovation Lubbock, TX October 14, 2014 01 6000-2 � 1 DFW Consulting Group, Inc. B. Contractor's Responsibilities: 1. Review Owner reviewed shop drawings, product data, and samples. 2. Receive and unload products at site; inspect for completeness or damage jointly with Owner. 3. Handle, store, install and finish products. 4. Repair or replace items damaged after receipt. 3.3 TRANSPORTATION AND HANDLING A. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials. B. Transport and handle products in accordance with manufacturer's instructions. C. Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas. D. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged. E. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. F. Arrange for the return of packing materials, such as wood pallets, where economically feasible. 3.4 STORAGE AND PROTECTION A. Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication. B. Store and protect products in accordance with manufacturers' instructions. C. Store with seals and labels intact and legible. D. Store sensitive products in weather tight, climate controlled, enclosures in an environment favorable to product. E. For exterior storage of fabricated products, place on sloped supports above ground. F. Provide bonded off -site storage and protection when site does not permit on -site storage or protection. G. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products. H. Store loose granular materials on solid flat surfaces in a well -drained area and in conformance with City of Lubbock regulations. Prevent mixing with foreign matter. Prevent contact with material that may cause corrosion, discoloration, or staining. J. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. K. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. END OF SECTION Lubbock Airport Fire Alarm Renovation October 14 2014 Lubbock, TX 01 60 00 - 3 DFW Consulting Group, Inc. SECTION 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS PART 1 GENERAL 1.1 SECTION INCLUDES A. Examination, preparation, and general installation procedures. B. Requirements for alterations work, including selective demolition, except removal, disposal, and/or remediation of hazardous materials and toxic substances. C. Cutting and patching. D. Cleaning and protection. E. Closeout procedures, except payment procedures. 1.2 REFERENCE STANDARDS 1.3 SUBMITTALS A. See Section 01 30 00 - Administrative Requirements, for submittal procedures. B. Demolition Plan: Submit demolition plan as specified by OSHA and City of Lubbock authorities. 1. Indicate extent of demolition, removal sequence, bracing and shoring, and location and construction of barricades and fences. Include design drawings and calculations for bracing and shoring. 2. Identify demolition firm and submit qualifications. 3. Include a summary of safety procedures. C. Cutting and Patching: Submit written request in advance of cutting or alteration that affects: 1. Structural integrity of any element of Project. 2. Integrity of weather exposed or moisture resistant element. 3. Efficiency, maintenance, or safety of any operational element. 4. Visual qualities of sight exposed elements. 5. Work of Owner or separate Contractor. D. Project Record Documents: Accurately record actual locations of capped and active utilities. 1.4 QUALIFICATIONS A. For demolition work, employ a firm specializing in the type of work required. 1. Minimum of five years of documented experience. B. For design of temporary shoring and bracing, employ a Professional Engineer experienced in design of this type of work and licensed in Texas. 1.5 PROJECT CONDITIONS A. Use of explosives is not permitted. B. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. C. Dust Control: Execute work by methods to minimize raising dust from construction operations. Provide positive means to prevent air -borne dust from dispersing into atmosphere and over adjacent property. 1. Provide dust -proof enclosures to prevent entry of dust generated outdoors. 2. Provide dust -proof barriers between construction areas and areas continuing to be occupied by Owner. Lubbock Airport Fire Alarm Renovation Lubbock, TX October 14, 2014 `- 01 70 00 - 1 [[f LJ L.J 4 DFW Consulting Group, Inc. D. Erosion and Sediment Control: Plan and execute work by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. E. Pollution Control: Provide methods, means, and facilities to prevent contamination of soil, l water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. Comply with federal, state, and City of Lubbock regulations. 1.6 COORDINATION A. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, - with provisions for accommodating items installed later. I B. Notify affected utility companies and comply with their requirements. C. Verify that utility requirements and characteristics of new operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities - for installing, connecting to, and placing in service, such equipment. D. Coordinate space requirements, supports, and installation of mechanical and electrical work that are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. E. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. F. Coordinate completion and clean-up of work of separate sections. G. After Owner occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of Owner's activities. �.: PART PRODUCTS 2.1 PATCHING MATERIALS A. New Materials: As specified in product sections; match existing products and work for patching and extending work. B. Type and Quality of Existing Products: Determine by inspecting and testing products where necessary, referring to existing work as a standard. C. Product Substitution: For any proposed change in materials, submit request for substitution described in Section 0160 00. PART 3 EXECUTION 3.1 EXAMINATION _ A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Start of work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Take field measurements before confirming product orders or beginning fabrication, to minimize waste due to over -ordering or misfabrication. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 70 00 - 2 t DFW Consulting Group, Inc. E. Verify that utility services are available, of the correct characteristics, and in the correct locations. F. Prior to Cutting: Examine existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching. After uncovering existing work, assess conditions affecting performance of work. Beginning of cutting or patching means acceptance of existing conditions. 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 3.3 GENERAL INSTALLATION REQUIREMENTS A. Install products as specified in individual sections, in accordance with manufacturer's instructions and recommendations, and so as to avoid waste due to necessity for replacement. B. Make vertical elements plumb and horizontal elements level, unless otherwise indicated. C. Install equipment and fittings plumb and level, neatly aligned with adjacent vertical and horizontal lines, unless otherwise indicated. D. Make consistent texture on surfaces, with seamless transitions, unless otherwise indicated. E. Make neat transitions between different surfaces, maintaining texture and appearance. 3.4 ALTERAT,'ONS A. Drawings showing existing construction and utilities are based on casual field observation and existing record documents only. 1. Verify that construction and utility arrangements are as shown. 2. Report discrepancies to Engineer before disturbing existing installation. 3. Beginning of alterations work constitutes acceptance of existing conditions. B. Keep areas in which alterations are being conducted separated from other areas that are still occupied. 1. Provide, erect, and maintain temporary dustproof partitions of construction specified in Section 01 50 00 in locations indicated on drawings. C. Maintain weatherproof exterior building enclosure except for interruptions required for replacement or modifications; take care to prevent water and humidity damage. 1. Where openings in exterior enclosure exist, provide construction to make exterior enclosure weatherproof. 2. Insulate existing ducts or pipes that are exposed to outdoor ambient temperatures by alterations work. D. Remove existing work as indicated and as required to accomplish new work. 1. Remove rotted wood, corroded metals, and deteriorated masonry and concrete; replace with new construction specified. 2. Remove items indicated on drawings. 3. Relocate items indicated on drawings. 4. Where new surface finishes are to be applied to existing work, perform removals, patch, and prepare existing surfaces as required to receive new finish; remove existing finish if necessary for successful application of new finish. In 9 Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 70 00 - 3 i, i _i DFW Consulting Group, Inc. 5. Where new surface finishes are not specified or indicated, patch holes and damaged surfaces to match adjacent finished surfaces as closely as possible. E. Services (Including but not limited to HVAC, Plumbing, Fire Protection, Electrical, and Telecommunications): Remove, relocate, and extend existing systems to accommodate new construction. 1. Maintain existing active systems that are to remain in operation; maintain access to equipment and operational components; if necessary, modify installation to allow access or provide access panel. 2. Where existing systems or equipment are not active and Contract Documents require reactivation, put back into operational condition; repair supply, distribution, and equipment I as required. 3. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service. y a. Disable existing systems only to make switchovers and connections; minimize t duration of outages. b. Provide temporary connections as required to maintain existing systems in service. 4. Verify that abandoned services serve only abandoned facilities. 5. Remove abandoned pipe, ducts, conduits, and equipment, including those above accessible ceilings; remove back to source of supply where possible, otherwise cap stub and tag with identification; patch holes left by removal using materials specified for new construction. F. Protect existing work to remain. -. 1. Prevent movement of structure; provide shoring and bracing if necessary. 2. Perform cutting to accomplish removals neatly and as specified for cutting new work. 3. Repair adjacent construction and finishes damaged during removal work. G. Adapt existing work to fit new work: Make as neat and smooth transition as possible. 1. When existing finished surfaces are cut so that a smooth transition with new work is not possible, terminate existing surface along a straight line at a natural line of division and make recommendation to Engineer. 2. Where removal of partitions or walls results in adjacent spaces becoming one, rework floors, walls, and ceilings to a smooth plane without breaks, steps, or bulkheads. 3. Where a change of plane of 1/4 inch or more occurs in existing work, submit recommendation for providing a smooth transition for Engineer review and request instructions. H. Patching: Where the existing surface is not indicated to be refinished, patch to match the surface finish that existed prior to cutting. Where the surface is indicated to be refinished, patch so that the substrate is ready for the new finish. Refinish existing surfaces as indicated: 1. Where rooms or spaces are indicated to be refinished, refinish all visible existing surfaces to remain to the specified condition for each material, with a neat transition to adjacent finishes. 2. If mechanical or electrical work is exposed accidentally during the work, re-cover and refinish to match. J. Clean existing systems and equipment. K. Remove demolition debris and abandoned items from alterations areas and dispose of off -site; do not burn or bury. L. Do not begin new construction in alterations areas before demolition is complete. M. Comply with all other applicable requirements of this section. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 70 00 - 4 DFW Consulting Group, Inc. 3.5 CUTTING AND PATCHING A. Whenever possible, execute the work by methods that avoid cutting or patching. B. See Alterations article above for additional requirements. C. Perform whatever cutting and patching is necessary to: 1. Complete the work. 2. Fit products together to integrate with other work. 3. Provide openings for penetration of mechanical, electrical, and other services. 4. Match work that has been cut to adjacent work. 5. Repair areas adjacent to cuts to required condition. 6. Repair new work damaged by subsequent work. 7. Remove samples of installed work for testing when requested. 8. Remove and replace defective and non -conforming work. D. Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition. E. Employ original installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. F. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. G. Restore work with new products in accordance with requirements of Contract Documents. H. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. I. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely seal voids with fire rated material in accordance with Section 07 84 00, to full thickness of the penetrated element. Patching: 1. Finish patched surfaces to match finish that existed prior to patching. On continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. 2. Match color, texture, and appearance. 3. Repair patched surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. If defects are due to condition of substrate, repair substrate prior to repairing finish. 3.6 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Collect and remove waste materials, debris, and trash/rubbish from site periodically and dispose off -site; do not burn or bury. 3.7 PROTECTION OF INSTALLED WORK A. Protect installed work from damage by construction operations. Lubbock Airport Fire Alarm Renovation Lubbock, TX October 14, 2014 017000-5 �s i ._i DFW Consulting Group, Inc. B. Provide special protection where specified in individual specification sections. C. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage. YD. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. E. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. F. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. G. Prohibit traffic from landscaped areas. H. Remove protective coverings when no longer needed; reuse or recycle plastic coverings if possible. 3.8 ADJUSTING A. Adjust operating products and equipment to ensure smooth and unhindered operation. 3.9 FINAL CLEANING A. Execute final cleaning after Substantial Completion but before making final application for payment. B. Use cleaning materials that are nonhazardous. C. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. D. Remove all labels that are not permanent. Do not paint or otherwise cover fire test labels or nameplates on mechanical and electrical equipment. E. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. F. Clean filters of operating equipment. G. Clean debris from roofs, gutters, downspouts, and drainage systems. H. Clean site; sweep paved areas, rake clean landscaped surfaces. I. Remove waste, surplus materials, trash/rubbish, and construction facilities from the site; dispose of in legal manner; do not burn or bury. 3.10 CLOSEOUT PROCEDURES A. Make submittals that are required by governing or other authorities. 1. Provide copies to Engineer and Owner. B. Accompany Project Coordinator on preliminary inspection to determine items to be listed for completion or correction in Contractor's Notice of Substantial Completion. C. Notify Engineer when work is considered ready for Substantial Completion. D. Submit written certification that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for Engineer's review. Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 70 00 - 6 DFW Consulting Group, Inc. E. Correct items of work listed in executed Certificates of Substantial Completion and comply with requirements for access to Owner -occupied areas. F. Notify Engineer when work is considered finally complete. G. Complete items of work determined by Engineer's final inspection. END OF SECTION Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 70 00 - 7 P i_ DFW Consulting Group, Inc. SECTION 01 78 00 CLOSEOUT SUBMITTALS PART GENERAL 1.01 SECTION INCLUDES A. Project Record Documents. B. Operation and Maintenance Data. C. Warranties and bonds. A. Section 00 70 00 General Conditions. B. Section 01 30 00 - Administrative Requirements: Submittals procedures, shop drawings, product data, and samples. C. Section 01 70 00 - Execution Requirements: Contract closeout procedures. D. Individual Product Sections: Specific requirements for operation and maintenance data. E. Individual Product Sections: Warranties required for specific products or Work. 1.03 SUBMITTALS A. Project Record Documents: Submit documents to Engineer with claim for final Application for Payment. B. Operation and Maintenance Data: 1. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. Engineer will review draft and return one copy with comments. 2. For equipment, or component parts of equipment put into service during construction and to be operated by Owner, submit completed documents within ten days after acceptance. 3. Submit 1 copy of completed documents 15 days prior to final inspection. This copy will be reviewed and returned after final inspection, with Engineer comments. Revise content of all document sets as required prior to final submission. 4. Submit two sets of revised final documents in final form within 10 days after final inspection. C. Warranties and Bonds: 1. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within ten days after acceptance. 2. Make other submittals within ten days after Date of Substantial Completion, prior to final Application for Payment. 3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within ten days after acceptance, listing the date of acceptance as the beginning of the warranty period. Lubbock Airport Fire Alarm Renovation Lubbock, TX October 14, 2014 01 78 00 - 1 DFW Consulting Group, Inc. 3.01 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications. F. Record Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 3. Field changes of dimension and detail. 4. Details not on original Contract drawings. 3.02 OPERATION AND MAINTENANCE DATA A. For Each Product or System: List names, addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts. B. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. C. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. D. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. 3.03 OPERATION AND MAINTENANCE DATA FOR MATERIALS AND FINISHES A. For Each Product, Applied Material, and Finish: 1. Product data, with catalog number, size, composition, and color and texture designations. 2. Information for re -ordering custom manufactured products. B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods, precautions against detrimental cleaning agents and methods, and recommended schedule for cleaning and maintenance. Lubbock Airport Fire Alarm Renovation Lubbock, TX October 14, 2014 ` V 01 78 00 - 2 za IDFW Consulting Group, Inc. C. Additional information as specified in individual product specification sections. D. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 9 3.04 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A. For Each Item of Equipment and Each System: 1. Description of unit or system, and component parts. 2. Identify function, normal operating characteristics, and limiting conditions. 3. Include performance curves, with engineering data and tests. 4. Complete nomenclature and model number of replaceable parts. B. Panelboard Circuit Directories: Provide electrical service characteristics, controls, and communications; typed. C. Operating Procedures: Include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut -down, and emergency instructions. Include summer, winter, and any special operating instructions. D. Maintenance Requirements: Include routine procedures and guide for preventative maintenance and trouble shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. E. Provide servicing and lubrication schedule, and list of lubricants required. F. Include manufacturer's printed operation and maintenance instructions. G. Include sequence of operation by controls manufacturer. H. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. I. Include test and balancing reports. J. Additional Requirements: As specified in individual product specification sections. 3.05 OPERATION AND MAINTENANCE MANUALS A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. B. Prepare data in the form of an instructional manual. Provide two copies. C. Binders: Commercial quality, 8-1/2 x 11 inch three D side ring binders with durable plastic covers; 2 inch maximum ring size. When multiple binders are used, correlate data into related consistent groupings. D. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; identify title of Project; identify subject matter of contents. E. Provide tabbed dividers for each separate product and system, with typed description of product and major component parts of equipment. F. Text: Manufacturer's printed data, or typewritten data on 24 pound paper. G. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. r. H. Arrange content by systems under section numbers and sequence of Table of Contents of this Project Manual. Lubbock Airport Fire Alarm Renovation October 14, 2014 l` Lubbock, TX 01 78 00 - 3 , DFW Consulting Group, Inc. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, in three parts as follows: 1. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. 2. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section number. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. f. Maintenance instructions for special finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents. 3. Part 3: Project documents and certificates, including the following: a. Shop drawings and product data. b. Air and water balance reports. c. Certificates. d. Photocopies of warranties and bonds. J. Provide a listing in Table of Contents for design data, with tabbed dividers and space for insertion of data. K. Table of Contents: Provide title of Project; names, addresses, and telephone numbers of Engineer, Consultants, and Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. 3.06 WARRANTIES AND BONDS A. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within ten days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until the Date of Substantial completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Co -execute submittals when required. D. Retain warranties and bonds until time specified for submittal. E. Manual: Bind in commercial quality 8-1/2 x 11 inch three D side ring binders with durable plastic covers. F. Cover: Identify each binder with typed or printed title WARRANTIES AND BONDS, with title of Project; name, address and telephone number of Contractor and equipment supplier; and name of responsible company principal. G. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified, and the name of product or work item. H. Separate each warranty or bond with index tab sheets keyed to the Table of Contents listing. Provide full information, using separate typed sheets as necessary. List Subcontractor, supplier, and manufacturer, with name, address, and telephone number of responsible principal. Lubbock Airport Fire Alarm Renovation Lubbock, TX October 14, 2014 01 78 00 - 4 i_) DFW Consulting Group, Inc. END OF SECTION Lubbock Airport Fire Alarm Renovation October 14, 2014 Lubbock, TX 01 78 00 - 5 PAGE INTENTIONALLY LEFT BLANK