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Resolution - 2004-R0036 - Contract For Hancock Land Application Site - Brown-Mckee, Inc. - 01_22_2004 (3)
Resolution No. 2004—R0036 January 22, 2004 Item No. 35 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the Hancock Land Application Site Effluent Pump Rehabilitation, by and between the City of Lubbock and Brown -McKee, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of Jana ry 2004. Ze___1..z MA C MC UGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 1 Victor Kilnian, Purchasing Manager APPROVED AS TO FORM: .t Donald G. Vandiver, Attorney of Counsel gs/ccdocs&cityatt/Georgia/resolutions/Contract-Brown-McKee, Inc. January 9, 2004 2��rL�ihJ k. P,01`'D CHECK REST RATING LICEI,S ' DATE I Zg a C ITY OF LUBBOCK SPECIFICATIONS FOR HANCOCK LAND gppLICATION SITE EFFLUENT PUMP REHABILITATION ITB #229-03/BM n "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas IR ITB #229-03/BM, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # 1 ITB #229-03 / BM Hancock Land Application Site Effluent Pump Rehabilitation December 29, 2003 January 6, 2004 @ 1:00 P.M. CST The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Upon review of information submitted on the Danfoss Variable Frequency Drives (VFDs) for this project, the Danfoss VLT 8000 Aqua Series VFD's are found to meet the specifications for this project. They are considered an approved equal based upon the information submitted. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to Bmacnair@mylubbock.us THANK YOU, CITY OF LUBBOCK Bruce MacNair C Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Citv of Lubbock Purchasine Manacer if anv lancuaee, reauirements, etc., or anv combinations thereof, inadvertently restricts or limits the reauirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#229-03/BMAd1 1 CITY OF LUBBOCK INVITATION TO BID FOR TITLE: HANCOCK LAND APPLICATION SITE EFFLUENT PUMP REHABILITATION ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 229-03/BM PROJECT NUMBER: 90282.8304.20000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT No Text INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS NOTICE TO BIDDERS No Text GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish HANCOCK LAND APPLICATION SITE EFFLUENT PUMP REHABILITATION per the attached specifications and contract documents. Sealed bids will be received no later than 1:00 p.m. CST, the 6th day of January, 2004 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #229-03/BM, HANCOCK LAND APPLICATION SITE EFFLUENT PUMP REHABILITATION" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 9:00 a.m.. December 9th. 2003 in Engineering Conference Room 107, Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. s 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work In accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 2 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13`h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: BMacnair@mylubbock.us 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within SIXTY (60) I CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work ` contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the ` contract documents. ii 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 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. 18 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or " others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK - The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, t supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the _ date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by t , the intended contract and all work in progress with bond amounts and percentage completed. i (b) A sworn statement of the current financial condition of the bidder. U 4 (c) Equipment schedule. 20 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. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve - the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and - replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES - 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE - The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as �- required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this pIp 5 contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED 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 WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 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 engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his 6 particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and _ endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the I _ following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. -; (f) General Conditions. z (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR " GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS _3 INVITATION TO BID. BID SUBMITTAL BID SUBMITTAL LUMP SUM BID CONTRACT DATE: Jan. 6, 2004 PROJECT NUMBER: #229-03/BM - HANCOCK LAND APPLICATION SITE EFFLUENT PUMP REHABILITATION Bid of Brown -McKee, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a HANCOCK LAND APPLICATION SITE EFFLUENT PUMP REHABILITATION having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: %--±X Fro e 71hb06.4..010 r vc A)A),044* Roe ($�, S� Sr , o o ) SERVICES: 7,-A/7r2.A,s / Ays4w o VmAt %4wo t&> Al�Imr d ($ (34 TOTAL BID: 7 Oe4V dSA-KJD /15M_r, A0. Do fl ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written ` "Notice to Proceed" of the Owner and to substantially complete the project within 60 (SIXTY) consecutive calendar days thereafter as stipulated In the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. - The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashiers check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than fire percent (50/6) of the total amount of the bid submitted as a guarantee that bidder will.enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid Is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 5% of greatest amount bid Dollars ($ 1, which It is agreed shall be collected and retained by the Owner as liquidated damages In the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a rporation) EST: Secre Bidder acknowledges receipt of the following addenda: Addenda No. One Date 12 29 03 Addenda No. Date Addenda No. Date Addenda No. Date Date: 1-06-04 ��. Authorized Signature Mike P. Oles (Printed or Typed Name) [Brown -McKee, Inc. P 7'f%x 3279'.-' Address Lubbock Lubbock CTex'as 439�-3279 State Zip Code Telephone: 806 - 745-4511 Fax: 806 - 748-1681 2 .A 1 4 r LIST OF SUBCONTRACTORS Minority Owned Yes No _3 2. ❑ 0 3. ❑ 0 4. ❑ 0 5. ❑ 0 ..J ❑ 0 7. ❑ 0 S. 0 ❑ 9. ❑ 0 10. 0 0 'W3 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) 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 bid/proposal. Mike P. Oles Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: Brown -McKee, Inc. (Print or Type ) -- CONTRACTOR'S FIRM ADDRESS: P.O. Box 3279 Lubbock, TX 79452-3279 - I Name of Agent/Broker. J . E . Murfee & Son Address of Agent/Broker: 1310 Texas Ave. City/State/Zip: Lubbock, TX 79401 Agent/Broker Telephone Number. ( 806 Date: 1-06-04 ) 763-5311 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. if you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #229-03/13M - HANCOCK LAND APPLICATION SITE EFFLUENT PUMP REHABILITATION n UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE PO Box 73909 Cedar Rapid% Iowa 52407-3909 (A Stock Company) BID BOND KNOW ALL BY THESE PRESENTS, that BROWN-MCKEE, INC. as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF LUBBOCK as Obligee, hereinafter called Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID ----------------------- ------- ----_--------------- _------ Dollars ($--------------------- 5%--------------------- ) for the payment of which sum well and truly to be made, the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. WHEREAS, the Principal has submitted a bid for ITB #229-03/BM HANCOCK LAND APPLICATION SITE EFFLUENT PUMP REHABILITATION 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 6TH day of JANUARY A.D., 2004 . In the ?0� BROWN-MCKEE INC. (Seal) (Witness) MIKE OLES (rifle) PRESIDENT E_. (Witness) �U111M D FIRE & CASUALTY COMPANY ( ) By b -U DEEDEE BRINKER (Attorney -in -fact) CONT 00010798 OR D 4 � 9 b- rit ib OOn 'k '.j rred. 01'11 4� %: d 96t K %V, t ellhetsf , _a The - ,hereby-- - -.-:expire _k of July,U C-,AyJuly,WW.L O.ess Sooner re ".R is 00 .,,r b AQrney b An and IWao'odf 1011WY,iaW.A U"hYiW t by Board of X .-OwApril lt,P, `*` , L; pOy', iri a8� 6fthe 6 J 'ety O#ds and;JI t ei�v n# ant 'of A , b-mey"In-' a :......ompany m,ay,_:,.%; CC- e resi ent or any"Viddo o fi� b cefbf,t 6 C Section 2, A i::P President, i�4 i'th6e offil tf -,a on o po icies-of.,.*. from time 6 n "Iten certificates attorneys -in -fact to act in behalf of the. I Company,10 th 066": f ppoi insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, _7 and the Cor.,or.ste4,ea--..,-moybeaffb(edb facsimile to any power of attompy or special power of attomey or certification of m- pan signature.and seal, when so used, bein either "We yy...; such rp �y 60 a tie 4- -thd'dz y ak 1 g adopted by the Co li_.�_ _N: -an :effect Ittu O.-S force �'as, such icef'a anyyv the o'ginik seal of the Company, to be valid and binding upon the Comp theca their rasp ias of - -1 affixed bj:--h attomeys4n fact,.subject to the limitation Stu _ys set forth in the' ed *o_rJty_-:, 'thaII:'he&efUII pbwerto Ind: 't%A A seas- 'the Company by their signature and execution of any such InstrUmel! -a cK.'a d* t ` tlibh the b r m fesident or any Vice President the Board of Directors or an of 6�0 p t it - ..-:'The P other.,# f 6.Company y ilriylime revoke all power and authority previously given to any attorney -in -fact. -Iff-M-TNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused.thtse presents .to be sign" � s9 and its corporate seal to be hereto affixed Ice Wesident d this 26th day of..July, QQ i% UNITED FIRE & CASUALTY ')qbMVANY:'1--' T / 4/ V-94-4-4 Vice President g. ;- Mate of.] guny,. t 4 "ifLinn - 4, fln Zit h Bay? ok.'# 3,y.., 120 2,"';b6fore me personally came 'Randy A. Ramlo `#o one known, xvho being by txte dulyawom, did depose and say; that he resides in Cedar Rapids, State of ath'6;ls a Viqe < Prestdertt Otstkie UNiTEF� FI€�E $AtJALTY COMPANY, the corporation described in and which execte(i 0 instrument, tftatt�-,:. knows #he_seel o#.;said cot�oratinrt; that the seal.affxed to the sauJ instrument is such; corporate seal; tfiat was i&'aO dpursuant ",to authority given by the Board of Directors of said corporation and that he signed his name thereto pursu' nt to like authority, and acknowledges . . . . . . . . . . . . . U': of qreby certify that I have c. ttsilt Danv as M-, Is; and that the said :P.bw6r60 Attorney has hot ..bedh 0 iv.:where e, I have hereunto subscribe t my nar$16 0) El :-day of JANDARY v. AYt- OrnDared the foreaoini co PAYMENT BOND I STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) BOND NO. 54-141261 [- " KNOW ALL MEN BY THESE PRESENTS, that BROWN—MCKEE, INC. (hereinafter called the Principal(s), as Principal(s), and UNITED FIRE & CASUALTY COMPANY (hereinafter called the Sur(},,St is a eirrryl�gand unto the City of Lubbock (hereinafter caked the Obligee), in the amount of _ _ _ _ _ _ _ _ _ — Dollars ($3 8 , 5 0 0 _ 0 (� 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 22ND day of JANUARY 2004 to BID #229-03/BM HANCOCK LAND APPLICATION SITE EFFLUENT PUMP REHABILITATION 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 2 7 TH day of JANUARY 20 04 . UNITED FIRE & CASUALTY COMPANY Surety *By: .� (Title) DEEDEE BRINKER ATTORNEY —IN —FACT BROWN—MCKEE, INC. (Company Name) By: MIKE OLES (Printed Name) (Signature) PRESIDENT (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates DEEDEE BRINKER 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. UNITED FIRE & CASUALTY COMPANY Surety 1 *By: - - - (Title) DEEDEE BRINKER ATTORNEY —IN —FACT Approved as to form: City f Lubbock By: Ci ttorney * 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. iJ 2 y United Fire & (;�sualty Company United Life Insurance '.'r).—pany Addison Insurance Compair, Lafayette Insurance Company Insurance Brokers & Managers, Inc. UNITED FIRE GROUP American Indemnity Companies IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: } R O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICETO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 No Text United Fire Group Fidelity & Surety Department POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS You should know that, effective November 26, 2002, any losses sustained by the surety caused by certified acts of terrorism would be partially reimbursed to the surety by the `` United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism is $ 0.00. Before any charges are C� added for terrorism coverage in future surety products you purchase, you will be able to make a coverage election for a then specified premium charge. The existence of the federal terrorism insurance program does not affect the obligations you assume in the indemnity agreement. HOME OFFICE: 118 Second Ave. SE, PO Box 73909, Cedar Rapids, lA 52407-3909 Phone: 319-399-5700 FAX: 319-399-5425 I I I I No Text No Text CERTIFICATE OF INSURANCE ACORD CERTIFICATE OF LIABILITY INSURANCE 01/2°DATETM 6/2004 PRODUCER J. E. Murfee & Son THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1310 Texas Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lubbock TX 79401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 11 INSURERS AFFORDING COVERAGE INSURED Brown -McKee, Inc. & Precision Drilling INSURERA:- Travelers Lloyds Insurance Company INSURER B: Phoenix Insurance Company a division of Brown -McKee, Inc. PO Box 3279 Lubbock TX 79452 INSURER C: Travelers Indemnity Company of Connecticut INSURER D: Travelers Indemnity Company of America INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY DTC0492D7257TLC04 01/01/2004 01/01/2005 EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire $ 300000 L, X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I OCCUR MED EXP (Any oneperson) $ 5000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 POLICY PRO- LOC 3 AUTOMOBILE X LIABILITY ANY AUTO DHCAP492D727004 01/01/2004 01/01/2005 COMBINED SINGLE LIMIT (Ea accident) $ 1 ������ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ ' lX HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG I EXCESS X1 LIABILITY OCCUR CLAIMS MADE DTSMCUP492D7269TCT04 01/01/2004 01/01/2005 EACH OCCURRENCE $ 5000000 AGGREGATE $ 5000000 $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND DTEUB491D302004 01/01/2004 01/01/2005 TH- X WO.YC STATU- Or E.L. EACH ACCIDENT $ 500000 EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE - POLICY LIMIT $ 500000 I OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: ITB #229-03BM-Hancock Land Application site Effluent Pump Rehabilitation. Blanket Additional Insured endorsement attached to the GL policy as required by written contract. Blanket Waiver of Subrogation endorsement attached to the GL, Auto and WC policies as required by written contract. Additional insured endorsement attached to the Auto Liab policy in favor of the certificate holder. FICATE HOLDER City of Lubbock PO Box 2000 Lubbock TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) © ACORD CORPrORATION 1988 TO: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 CERTIFICATE OF INSURANCE DATE: TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protectivi Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY 0 Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'S RISK 0 100% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrenoe $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ 0 Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or t canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of insurer) By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as an Additional Insured on General Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. 1 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the govemmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 2 CONTRACT No Text CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 22ND day of January, 2004 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 BROWN-MCKEE, INC. of the City of Lubbock, County of Lubbock, and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #229-03/BM - HANCOCK LAND APPLICATION SITE EFFLUENT PUMP REHABILITATION - $38,500.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Texas in the year and day first at CITY OF J rJBgOCK, TEAS (OWNER): By: B ATTEST: City Secretary APPROVED AS �TONTENT: wner's R<respative APPR ED AS TO F RM: Cit orney presents have executed this agreement in Lubbock, Lubbock County, CONTRACTOR: BROWN-MMCKEE, INC. By: ,g� �? C PRINTED NAME: TITLE: COMPLETE ADDRESS: Brown -McKee, Inc. PO Box 3279 Lubbock, Texas 79452-3279 ATTE T: C rpo eta GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 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. 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 BROWN-MCKEE, INC. 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 L. WOOD FRANKLIN INTERIM CHIEF ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other _.1 facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such - recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The 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) 2 i i_ calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. L-3 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall - inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. i I 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be bome 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. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in , the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 i i 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age -- Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." .t i 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. 26. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or 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, l_ i 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. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF 4, LUBBOCK AS AN ADDITIONAL INSURED 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 1 PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $500,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, L0 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Additional Insured and Waiver of Subrogation Required) a_ The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; -- Bodily Injury/Property Damage, $500,000.00 Combined Single Limit, E_ to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance (Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. 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 $500,000.00. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section ❑406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: ,...1 (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas `-" Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate 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 g, 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 9 G. provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: . t (a) provide coverage for its employees providing services on a project, for the duration of the projectbased on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the. Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity:_ (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing 1 coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;__ (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 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." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;' and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; II (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 (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 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 t - or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the <" Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material.. or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. f l - 12j_, pi 3- 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, a the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 (FIVE HUNDRED) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION 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 I 13 L contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way `Y 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 E Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, 14 i 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 bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's r agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 15 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative,.. said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 16 1 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, L_', 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, _ 17 i., notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 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 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 an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 18 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 19 CURRENT WAGE DETERMINATIONS No Text EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 Scraper 7.50 Tractor -Trailer 8.50 Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 HANCOCK LAND APPLICATION SITE WILSON, TEXAS EFFLUENT PUMP REHABILITATION HLAS-EP�04 & HLAS-EP-05 NOVEMBER 2003 aw M°NTY BRADSHAW ,.......................... •o 86435 r Q: 414163 BSA Consulting Engineers, PLLC J. It is the intent of this contract that work proceed in the most expeditious manner possible. 1.2 CONTRACTS A.' Construct the work under a single fixed price contract. B. Contract time for the work to be performed will be 60 calendar days from the date specified within the Notice to Proceed. The Liquidated damages will be $500.00 per day. 1.3 CONTRACTOR USE OF SITE A. Limit use of site to allow: 1. Owner occupancy. 2. Contractor B. Coordinate use of site under direction of Owner's Representative. C. Execute Work in a coordinated manner to avoid conflicts with Owner's operations or other Contractors. D. Assume full responsibility for the protection and safekeeping of products furnished under this contract, stored on or off the site. 1.4 WORK SEQUENCE A. Construct work to accommodate Owner's occupancy requirements during the construction period. Coordinate construction schedule and operations with Owner's Representative. 1.6 OWNER OCCUPANCY A. Cooperate with Owner to minimize conflict, and to facilitate Owner's and other Contractor's operation. B. Schedule the Work to accommodate this requirement. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 01010 — 2 10/2003 SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.01 COORDINATION AND PROJECT CONDITIONS A. Coordinate scheduling, submittals, and work of the various sections of the Project to ensure efficient and orderly sequence of interdependent construction elements. B. Verify utility requirements and characteristics of operating equipment are compatible with site utilities. C. Coordinate completion and cleanup of Work of separate sections in preparation for Substantial Completion. D. 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. E. The Public Works Department shall be notified 48 hours before the planned construction is to commence. F. Each bidder shall submit a Construction Schedule with their bid indicating the sequence of all construction activities to be performed. The scheduled completion date for this project shall be 60 calendar days from date specified within the Notice to Proceed. G. Upon award of the contract, the Construction Schedule will become part of the Contract Documents. H. The Contractor shall be issued a Notice to Proceed following approval of City Council execution of Contract Documents, and completion of pre -construction meeting. 1.02 PRE -CONSTRUCTION MEETING A. Owner's Representative will schedule a pre -construction meeting after award of contract. B. Attendance Required: Owner's Representative and Contractor. HLAS EP4 & EP-5 Rehabilitation 01300-1 10/2003 C. Agenda: 1. Designation of personnel representing the parties in Contract. 2. Scheduling. 3. Notice to Proceed. 4. Emergency telephone contacts for Owner and Contractor. 5. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract close-out procedures. 6. Submission of: a. List of subcontractors b. List of products c. Progress Schedule. 1.03 CONSTRUCTION PROGRESS DOCUMENTATION A. Construction Progress Schedules. 1. Submit initial schedule in duplicate within five (5) days after date of Notice to Proceed. 2. Revise and resubmit as required. 3. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. 1.04 SUBMITTAL PROCEDURES A. Approved Construction Plans: 1. The Contractor shall do construction in accordance with the approved construction plans provided for this project. The design shall comply with all specifications, and standards. B. Submittals for Review. 1. The Contractor shall submit the manufacturer's product data for all materials used in construction of this project. 2. The Contractor shall submit documents certifying test reports and verifying compliance of material for all materials used in the construction of this project. HLAS EP-4 & EP-5 Rehabilitation 01300-2 10/2003 HANCOCK LAND APPLICATION SITE WILSON. TEXAS EFFLUENT PUMP REHABILITATION HLAS-EP=04 & HLAS-EP-05 NOVEMBER 2003 S`P�E - MONTY BRADSHAW 86435 - � G BSA Consulting Engineers, PLLC HANCOCK LAND APPLICATION SITE WILSON, TEXAS EFFLUENT PUMP REHABILITATION HLAS-EP-04 & HLAS-EP-05 NOVEMBER 2003 BSA Consulting Engineers, PLLC TABLE OF CONTENTS EFFLUENT PUMP REHABILITATION HLAS-EP-04 & HLAS-EP-05 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS DIVISION 1— GENERAL REQUIREMENTS 01010 Summary of Work 01300 Administrative Requirements 01400 Quality Control . 01500 Temporary Facilities and Controls 01700 Contract Closeout DIVISION 16 — ELECTRICAL 16050 Basic Electrical Materials and Methods 16060 Grounding and Bonding c 16072 Electrical Supports and Seismic Restraints { 16075 Electrical Identification 16120 Conductors and Cables 16130 Raceways and Boxes 16269 Variable Frequency Controllers 16410 Enclosed Switches and Circuit Breakers HLAS EP-4 & EP-05 Rehabilitation TOC-1 11/2003 C. Agenda: 1. Designation of personnel representing the parties in Contract. 2. Scheduling. 3. Notice to Proceed. 4. Emergency telephone contacts for Owner and Contractor. 5. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract close-out procedures. 6. Submission of. a. List of subcontractors b. List of products c. Progress Schedule. 1.03 CONSTRUCTION PROGRESS DOCUMENTATION A. Construction Progress Schedules. 1. Submit initial schedule in duplicate within five (5) days after date of Notice to Proceed. 2. Revise and resubmit as required. 3. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. 1.04 SUBMITTAL PROCEDURES A. Approved Construction Plans: 1. The Contractor shall do construction in accordance with the approved construction plans provided for this project. The design shall comply with all specifications, and standards. B. Submittals for Review. 1. The Contractor shall submit the manufacturer's product data for all materials used in construction of this project. 2. The Contractor shall submit documents certifying test reports and verifying compliance of material for all materials used in the construction of this project. HLAS EP-4 & EP-5 Rehabilitation 01300-2 10/2003 3. The Contractor shall review all required components for use in this application to ascertain that all items will function as necessary and as designed. a. Transmit each submittal to Project Engineer: L. Wood Franklin, P.E. Civil Engineer Public Works Engineering City of Lubbock P.O. Box 2000 Lubbock, TX 79457 4. Transmit a minimum of three (3) copies (number of copies which the Contractor requires, plus two (2) copies which will be retained by Owner's Representative) of each submittal unless otherwise specified in the individual sections. 5. 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. 6. Schedule submittals to expedite the Project, and deliver to Owner's Representative at business address. Coordinate submission of related items. 7. For each submittal for review, allow five (5) days excluding delivery time to and from the Owner's Representative. 8. Identify variations from Central Documents and Product or system limitations, which may be detrimental to successful performance of the completed work. 9. When revised for resubmisson, identify all changes made since previous submission. 10. Submittals not requested will not be recognized or processed. 11. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the Contractor. 12. Indicate conditions requiring special attention and special environmental criteria required for application. HLAS EP4 & EP-5 Rehabilitation 01300-3 10/2003 L_ 1.05 CONTRACT CLOSEOUT A. The Contractor shall submit shop drawings indicating the demolition and removal sequence and the location and construction of barricades, fences, and temporary work areas as needed. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION HLAS EP4 & EP-5 Rehabilitation 013004 10/2003 SECTION 01400 QUALITY CONTROL PART 1 GENERAL 1.1 SECTION INCLUDES A. Quality assurance - control of installation. B. Tolerances C. References. D. Testing laboratory services. E. Inspecting a F. Manufacturers' field services and reports. 1.2 RELATED SECTIONS A. Section 01300 — Administrative Requirements. 1.3 QUALITY ASSURANCE - 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 Owner's Representative 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. Perform work by persons qualified to produce workmanship of specified quality. F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement. 1.4 TOLERANCES A. Monitor tolerance control of installed 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 Owner's Representative before proceeding. C. Adjust Products to appropriate dimensions; position before securing Products in ' place. HLAS EP-4 & EP-5 Rehabilitation 01400 —1 10/2003 1.5 1.7 REFERENCES A. For Products or workmanship specified by association, trade, or other consensus 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 by date of issue current on date of Contract Documents, except where a specific date is established by code. C. Obtain copies of standards where required by product specification sections. D. The contractual relationship, duties, and responsibilities of the parties in Contract nor those of the Owner's Representative shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. TESTING LABORATORY SERVICES A. Contractor shall employ and pay for services of qualified independent testing services to perform testing as specified in the individual sections. B. Employment of testing services in no way relieves Contractor of obligation to perform work in accordance with requirements of Contract Documents. C. Prior to start of work, submit to Owner's Representative for acceptance: Testing laboratory names, addresses and telephone numbers, and names of responsible officers. D. Reports will be submitted by the independent firm to the Owner's Representative and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. E. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. 1. Notify Owner's Representative and independent firm 24 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. F. Testing does not relieve Contractor to perform work to contract requirements. G. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Owner's Representative. Cost of retesting due to non-conformance shall be the sole responsibility of the Contractor. SWRP EP#1 & EP#2 Rehabilitation 01400 —2 5/02 • i 1.8 INSPECTING A. General inspection of the Work will be performed by the Owner's Representative and by such other representative, supervisor, or inspector as may be authorized by Owner's Representative. B. Provide additional inspection for specific portions of the work as specified in the - individual sections, at no additional cost to the Owner. C. Presence or absence of Owner's inspectors in no way relieves Contractor of obligation to perform work in accordance with requirements of Contract Documents. 1.9 MANUFACTURERS' FIELD SERVICES AND REPORTS A. When specified in individual specification sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, as applicable. B. Submit qualifications of observer to Owner's Representative 10 days in advance of required observations. Observer subject to approval of Owner's Representative. C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. D. Submit report in duplicate within 10 days of observation to Owner's Representative for information. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION HLAS EP-4 & EP-5 Rehabilitation 01400 — 3 10/2003 t __ SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1GENERAL 1.01 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, ventilation, water, and sanitary facilities. B. Temporary Controls: Barriers, protection of the work, and water control. 1.02 TEMPORARY ELECTRICITY A. Cost: By Owner: connect to Owner's existing power service. Do not disrupt .Owner's use of service. Owner will pay cost of energy used. Contractor will exercise measures to conserve energy. B. Provide temporary electric feeder from existing electrical service at the site as specified. Do not disrupt Owner's use of service. C. Complement existing power service capacity and characteristics as required. D. Provide power outlets for construction operations, with branch wiring and distribution boxes located as required. Provide flexible power cords as required. E. Provide main service disconnect and over -current protection at convenient location. F. Permanent convenience receptacles may not be utilized during construction. G. Provide adequate distribution equipment, wiring, and outlets to provide single- phase branch circuits for power and lighting. 1.03 TEMPORARY LIGHTING FOR CONSTRUCTION. PURPOSES A. Provide and maintain sufficient lighting to meet the work needed. B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. C. Maintain lighting and provide routine repairs. D. Permanent building lighting may not be utilized during construction. 1.04 TELEPHONE SERVICE A. Provide, maintain, and pay for telephone service to field office at time of project mobilization. f'. BLAS EP-4 & EP-5 Rehabilitation 01500 - 1 11/2003 1.05 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. City sanitary sewer is not available at site locations. Contractor to provide and maintain required facilities and enclosures. 1.06 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas. 1.07 SECURITY A. Coordinate with Owner's security program. 1.08 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, and materials, prior to Substantial Completion inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing and permanent facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION HLAS EP-4 & EP-5 Rehabilitation 01500 - 2 11/2003 SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. 1.2 RELATED SECTIONS A. Division I — General Requirements 1.3 CLOSEOUT PROCEDURES A.- 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. Owner's Representative review. B. Owner's Representative will make an inspection to verify the status of completion with reasonable promptness after receipt of such .certification. C. Should Owner's Representative consider that the work is incomplete or defective. 1. Owner's Representative will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Owner's Representative that the Work is complete. 3. Owner's Representative will reinspect the work. C. Provide submittals to Owner's Representative that are required by governing or other .authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final project assessment. HLAS EP-4 & EP-5 Rehabilitation 01700 —1 11/2003 B. Restore appearance, quality, and condition of finished surface to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. C. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. D. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.6 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 pre-inspectionVideotaps. 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 Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1.- Field changes of dimension and detail. 2. Details not on original Contract drawings. H. Submit documents to Owner's Representative with claim for final Application for Payment. HLAS EP-4 & EP-5 Rehabilitation 01700 — 2 11/2003 4. So connecting raceways, cables, wireways, cable trays, and busways will be clear of obstructions and of the working and access space of other equipment. B. Coordinate installation of required supporting devices and set sleeves in cast -in -place concrete, masonry walls, and other structural components as they are constructed. C. Coordinate electrical testing of electrical, mechanical, and architectural items, so equipment and systems that are functionally interdependent are tested to demonstrate successful interoperability. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Manufacturers: Subject to compliance with requirements, provide products by one of the manufacturers specified. 2.2 SLEEVES FOR RACEWAYS AND CABLES A. Steel Pipe Sleeves: ASTM A 53/A 53M, Type E, Grade B, Schedule 40, galvanized steel, plain ends. B. Cast -Iron Pipe Sleeves: Cast or fabricated "wall pipe," equivalent to ductile -iron pressure pipe, with plain ends and integral waterstop, unless otherwise indicated. C. Sleeves for Rectangular Openings: Galvanized sheet steel with minimum 0.052- or 0.138-inch thickness as indicated and of length to suit application. 2.3 SLEEVE SEALS A. Description: Modular sealing device, designed for field assembly, to fill annular space between sleeve and raceway or cable. 1. Manufacturers: a. Advance Products & Systems, Inc. b. Calpico, Inc. C. Metraflex Co. d. Pipeline Seal and Insulator, Inc. 2. Sealing Elements: EPDM interlocking links shaped to fit surface of cable or conduit. Include type and number required for material and size of raceway or cable. 3. Pressure Plates: Plastic. Include two for each sealing element. HLAS EP-04 & EP-05 Rehabilitation 16050 - 2 11/03 4. Connecting Bolts and Nuts: Carbon steel with corrosion -resistant coating of length required to secure pressure plates to sealing elements. Include one for each sealing element. PART 3 - EXECUTION 3.1 COMMON REQUIREMENTS FOR ELECTRICAL INSTALLATION A. Comply with NECA 1. B. Measure indicated mounting heights to bottom of unit for suspended items and to center of unit for wall -mounting items. C. Headroom Maintenance: If mounting heights or other location criteria are not indicated, arrange and install components and equipment to provide maximum possible headroom consistent with these requirements. D. Equipment: Install to facilitate service, maintenance, and repair or replacement of components of both electrical equipment and other nearby installations. Connect in such a way as to facilitate future disconnecting with minimum interference with other items in the vicinity. E. Right of Way: Give to raceways and piping systems installed at a required slope. 3.2 SLEEVE INSTALLATION FOR ELECTRICAL PENETRATIONS A. Electrical penetrations occur when raceways, cables, wireways, cable trays, or busways penetrate concrete slabs, concrete or masonry walls, or fire -rated floor and wall assemblies. B. Concrete Slabs and Walls: Install sleeves for penetrations unless core -drilled holes or formed openings are used. Install sleeves during erection of slabs and walls. C. Use pipe sleeves unless penetration arrangement requires rectangular sleeved opening. D. Rectangular Sleeve Minimum Metal Thickness: 1. For sleeve cross-section rectangle perimeter less than 50 inches and no side greater than 16 inches, thickness shall be 0.052 inch. 2. For sleeve cross-section rectangle perimeter equal to, or greater than, 50 inches and 1 or more sides equal to, or greater than, 16 inches, thickness shall be 0.138 inch. E. Fire -Rated Assemblies: Install sleeves for penetrations of fire -rated floor and wall assemblies unless openings compatible with firestop system used are fabricated during construction of floor or wall. F. Extend sleeves installed in floors 2 inches above finished floor level. I HLAS EP-04 & EP-05 Rehabilitation 16050 - 3 11/03 G. Moisture Protection: If insulated grounding conductors are connected to ground rods or grounding buses, insulate entire area of connection and seal against moisture penetration of insulation and cable. 3.5 FIELD QUALITY CONTROL A. Testing: Perform the following field quality -control testing: 1. After installing grounding system but before permanent electrical circuitry has been energized, test for compliance with requirements. 2. Test completed grounding system at each location where a maximum ground - resistance level is specified, at service disconnect enclosure grounding terminal, and at ground test wells. Measure ground resistance not less than two full days after the last trace of precipitation, and without the soil being moistened by any means other than natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. Perform tests, by the fall -of -potential method according to IEEE 81. 3. Provide drawings locating each ground rod and ground rod assembly and other grounding electrodes, identify each by letter in alphabetical order, and key to the record of tests and observations. Include the number of rods driven and their depth at each location and include observations of weather and other phenomena that may affect test results. Describe measures taken to improve test results. a. Equipment Rated 500 kVA and Less: 10 ohms. 4. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Architect promptly and include recommendations to reduce ground resistance. 3.6 GRADING AND PLANTING A. Restore surface features, including vegetation, at areas disturbed by Work of this Section. Reestablish original grades., unless otherwise indicated. If sod has been removed, replace it as soon as possible after backfilling is completed. Restore areas disturbed by trenching, storing of dirt, cable laying, and other activities to their original condition. Include application of topsoil, fertilizer, lime, seed, sod, sprig, and mulch. Maintain restored surfaces. Restore disturbed paving as indicated. END OF SECTION 16060 HLAS EP-04 & EP-05 Rehabilitation 16060 - 6 1.1103 SECTION 16072 - ELECTRICAL SUPPORTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following:' 1. Hangers and supports for electrical equipment and systems. 2. Construction requirements for concrete bases. 1.3 DEFINITIONS A. EMT: Electrical metallic tubing. B. IBC: International Building Code. C. IMC: Intermediate metal conduit. D. NBC: National Building Code. E. OSHPD: Office of Statewide Health Planning and Development.. F. RMC:. Rigid metal conduit. G. SBC: Standard Building Code. H. Seismic Restraint: A structural support element such as a metal framing member, a cable, an anchor bolt or stud, a fastening device, or an assembly of these items used to transmit seismic forces from an item of equipment or system to building structure and to limit movement of item during a seismic event. I. UBC: Uniform Building Code. 1.4 SUBMITTALS A. Product Data: Illustrate and indicate style, material, strength, fastening provision, and finish for each type and size of electrical support component used. 1. Annotate to indicate application of each product submitted and compliance with requirements. HLAS EP-04 & EP-05 Rehabilitation 16072 -1 11/03 B. Coordination Drawings: Show coordination of seismic bracing for electrical components with other systems and equipment in the vicinity, including other supports and seismic restraints. C. Welding certificates. D. Field quality -control test reports. 1.5 QUALITY ASSURANCE A. Welding: Qualify procedures and personnel according to AWS D1.1/D1.1M, "Structural Welding Code - Steel." PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Manufacturers: Subject to compliance with requirements, provide products by one of the manufacturers specified. 2.2 SUPPORT, ANCHORAGE, AND ATTACH MENT,COMPONENTS A. Rated Strength: Adequate in tension, shear, and pullout force to resist maximum loads calculated or imposed under this Project, with a minimum structural safety factor of five times the applied force. B. Steel Slotted Support Systems: Comply with MFMA-3, factory -fabricated components for field assembly. 1. Manufacturers: a. Cooper B-Line; a division of Cooper Industries. b. ERICO International Corporation. C. Allied Support Systems; Power -Strut Unit. d. GS Metals Corp. e. Michigan Hanger Co., Inc.; O-Strut Div. f. National Pipe Hanger Corp. g. Thomas & Betts Corporation. h. Unistrut; Tyco International, Ltd. i. Wesanco, Inc. 2. Finishes: a. Metallic Coatings: Hot -dip galvanized after fabrication and applied according to MFMA-3.- HLAS EP-04 & EP-05 Rehabilitation 16072 - 2 11/03 l_ b. Nonmetallic Coatings: Manufacturer's standard PVC, polyurethane, or polyester coating applied according to MFMA-3. C. Painted Coatings: Manufacturer's standard painted coating applied according to MFMA-3. 3. Channel Dimensions: Selected for structural loading. C. Raceway and Cable Supports: As described in NECA 1 D. Conduit and Cable Support Devices:. Steel hangers, clamps, and associated fittings, designed for types and sizes of raceway or cable to be supported. E. Support for Conductors in Vertical Conduit: Factory -fabricated assembly consisting of threaded body and insulating wedging plug or plugs for non -armored electrical conductors or cables in riser conduits. Plugs shall have number, size, and shape of conductor gripping pieces as required to suit individual conductors or cables supported. Body shall be malleable iron. F. Structural Steel for Fabricated Supports and Restraints: ASTM A 36/A 36M, steel plates, shapes, and bars; black and galvanized. G. Mounting, Anchoring, and Attachment Components: Items for fastening electrical items or their supports to building surfaces include the following: 1. Powder -Actuated Fasteners: Threaded -steel stud, for use in hardened portland cement concrete, steel, or wood, with tension, shear, and pullout capacities appropriate for supported loads and building materials where used. a. Manufacturers: 1) Hilti, Inc. 2) ITW Construction Products. 3) MKT Fastening, LLC. 4) Simpson Strong -Tie Co. Inc. 2. Mechanical -Expansion Anchors: Insert -wedge -type, zinc -coated steel, for use in hardened portland cement concrete with tension, shear, and pullout capacities appropriate for supported loads and building materials in which used. a. Manufacturers: 1) Cooper B-Line; a division of Cooper Industries. 2) Empire Tool and Manufacturing Co., Inc 3) Hilti, Inc. 4) ITW Construction Products. 5) MKT Fastening, LLC. 6) Powers Fasteners. 3. Concrete Inserts: Steel or malleable -iron slotted -support -system units similar to MSS Type 18; complying with MFMA-3 or MSS SP-58. HLAS EP-04 & EP-05 Rehabilitation 16072 - 3 11/03 B. Coordinate installation of identifying devices with completion of covering and painting of surfaces where devices are to be applied. C. Coordinate installation of identifying devices with location of access panels and doors. D. Install identifying devices before installing acoustical ceilings and similar concealment. PART 2 - PRODUCTS 2.1 RACEWAY AND METAL -CLAD CABLE IDENTIFICATION MATERIALS A. Comply with ANSI A13.1 for minimum size of letters for legend and for minimum length of color field for each raceway and cable size. B. Color for Printed Legend: 1. Power Circuits: Black letters on an orange field. 2. Legend: Indicate system or service and voltage, if applicable. C. Self -Adhesive Vinyl Labels: Preprinted, flexible label laminated with a clear, weather - and chemical -resistant coating and matching wraparound adhesive tape for securing ends of legend label. D. Self -Adhesive Vinyl Tape: Colored, heavy duty, waterproof, fade resistant; 2 inches wide; compounded for outdoor use. 2.2 CONDUCTOR AND COMMUNICATION- AND CONTROL -CABLE IDENTIFICATION MATERIALS A. Color -Coding Conductor Tape: Colored, self-adhesive vinyl tape not less than 3 mils thick by 1 to 2 inches wide. B. Marker Tapes: _ Vinyl or vinyl -cloth, self-adhesive wraparound type, with circuit identification legend machine printed by thermal transferor equivalent process. C. Metal Tags: Brass or aluminum, 2 by 2 by 0.05 inch, with stamped legend, punched for use with self-locking nylon tie fastener. 2.3 UNDERGROUND -LINE WARNING TAPE A. Description: Permanent, bright -colored, continuous -printed, polyethylene tape. 1. Not less than 6 inches wide by 4 mils thick. 2. Compounded for permanent direct -burial service. 3. Embedded continuous metallic strip or core. 4. Printed legend shall indicate type of underground line. i_ HLAS EP-04 & EP-05 Rehabilitation 16075 - 2 11103 ;' 2.4 WARNING LABELS AND SIGNS A. Comply with NFPA 70 and 29 CFR 1910.145. B. Self -Adhesive Warning Labels: Factory printed, multicolor, pressure -sensitive adhesive labels, configured for display on front cover, door, or other access to equipment, unless otherwise indicated. C. Metal -Backed, Butyrate Warning Signs: Weather -resistant, nonfading, preprinted, cellulose -acetate butyrate signs with 0.0396-inch galvanized -steel backing; and with colors, legend, and size required for application. 1/4-inch grommets in comers for mounting. Nominal size, 10 by 14 inches. D. Warning label and sign shall include, but are not limited to, the following legends: 1. Multiple Power Source Warning: "DANGER - ELECTRICAL SHOCK HAZARD - EQUIPMENT HAS MULTIPLE POWER SOURCES." 2. Workspace Clearance Warning: "WARNING - OSHA REGULATION - AREA IN FRONT OF ELECTRICAL EQUIPMENT MUST BE KEPT CLEAR FOR 36 INCHES." 2.5 INSTRUCTION SIGNS A. Engraved, laminated acrylic or melamine plastic, minimum 1/16 inch thick for signs up to 20 sq. in. and 1/8 inch thick for larger sizes. 1. Engraved legend with black letters on white face. 2. Punched or drilled for mechanical fasteners. .. 3. Framed with mitered acrylic molding and arranged for attachment at applicable equipment. 2.6 EQUIPMENT IDENTIFICATION LABELS A. Adhesive Film Label: Machine printed, in black, by thermal transfer or equivalent process. Minimum letter height shall be 3/8 inch. B. Self -Adhesive, Engraved, Laminated Acrylic or Melamine Label: Adhesive backed, with white letters on a dark -gray background. Minimum letter height shall be 3/8 inch. C. Engraved, Laminated Acrylic or Melamine Label: Punched or drilled for screw mounting. White letters on a dark -gray background. Minimum letter height shall be 3/8 inch. D. Stenciled Legend: In nonfading, waterproof, black ink or paint. Minimum letter height shall be 1 inch. HLAS EP-04 & EP-05 Rehabilitation 16075 - 3 11/03 i 2.7 MISCELLANEOUS IDENTIFICATION PRODUCTS A. Cable Ties: Fungus -inert, self -extinguishing, 1-piece, self-locking, Type 6/6 nylon cable ties. 1. Minimum Width: 3/16 inch. 2. Tensile Strength: 50 lb, minimum. 3. Temperature Range: Minus 40 to plus 185 deg F. 4. Color: Black, except where used for color -coding. B. Fasteners for Labels and Signs: Self -tapping, stainless -steel screws or stainless -steel machine screws with nuts and flat and lock washers. PART 3 - EXECUTION 3.1 APPLICATION A. Accessible Raceways and Metal -Clad Cables, 600 V or Less, for Service, Feeder, and Branch Circuits More Than 30 A: Identify with orange self-adhesive vinyl tape applied in bands. B. Accessible Raceways and Cables of Auxiliary Systems: Identify the following systems with color -coded, self-adhesive vinyl tape applied in bands: 1. Fire Alarm System: Red. 2. Fire -Suppression Supervisory and Control System: Red and yellow. 3. Combined Fire Alarm and Security System: Red and blue. 4. Security System: Blue and yellow. 5. Mechanical and Electrical Supervisory System: Green and blue. 6. Telecommunication System: Green and yellow. 7. Control Wiring: Green and red. C. Branch -Circuit Conductor Identification: Where there are conductors for more than three branch circuits in same junction or pull box, use color -coding conductor tape. Identify each ungrounded conductor according to source and circuit number. D. Conductors to Be Extended in the Future: Attach marker tape to conductors and list source and circuit number. E. Auxiliary Electrical Systems Conductor Identification: Identify field -installed alarm, control, signal, sound, intercommunications, voice, and data connections. 1. Identify conductors, cables, and terminals in enclosures and at junctions, terminals, and pull points. Identify by system and circuit designation. 2. Use system of marker tape designations that is uniform and consistent with system used by manufacturer for factory -installed connections. 3. Coordinate identification with Project Drawings, manufacturer's wiring diagrams, and Operation and Maintenance Manual. HLAS EP-04 & EP-05 Rehabilitation . . 16075 - 4 11/03 t 1 ,J F. Locations of Underground Lines: Identify with underground -line warning tape for power, lighting, communication, and control wiring and optical fiber cable. G. Warning Labels for Indoor Cabinets, Boxes, and Enclosures for Power and Lighting: Comply with 29 CFR 1910.145 and apply self-adhesive warning labels. Identify system voltage with black letters on an orange background. Apply to exterior of door, cover, or other access. 1. Equipment with Multiple Power or Control Sources: Apply to door or cover of equipment including, but not limited to, the following: a. Power transfer switches. b. Controls with external control power connections. 2. Equipment Requiring Workspace Clearance According to NFPA 70: Unless otherwise indicated, apply to door or cover of equipment but not on flush panelboards and similar equipment in finished spaces. H. Instruction Signs: 1. Operating Instructions: Install instruction signs to facilitate proper operation and maintenance of electrical systems and items to which they connect. Install instruction signs with approved legend where instructions are needed for system or equipment operation. 2. Emergency Operating Instructions: Install instruction signs with white legend on Coordinate paragraph and subparagraphs below with electrical Sections in Divisions 2, 1.3, and 16. Delete items not in Project. I. Equipment Identification Labels: On each unit of equipment, install unique designation label' that is consistent with wiring diagrams, schedules, and Operation and Maintenance Manual. Apply labels to disconnect switches and protection equipment, rr, central or master units, control panels, control stations, terminal cabinets, and racks of 1... each system. Systems include power, lighting, control, communication, signal, monitoring, and alarm systems unless equipment is provided with its own identification. Labeling Instructions: a. Indoor Equipment: Self-adhesive, engraved, laminated acrylic or melamine label. Unless otherwise indicated, provide a single line of text with 1/2- inch- high letters on 1-1/2-inch- high label; where 2 lines of text are required, use labels 2 inches high. b. Outdoor Equipment: Engraved, laminated acrylic or melamine label. C. Elevated Components: Increase sizes of labels and letters to those appropriate fog viewing from the floor. L. 2. Equipment to Be Labeled: a. Panelboards, electrical cabinets, and enclosures. b. Access doors and panels for concealed electrical items. C. Electrical switchgew and switchboards. { , d. Transformers. L (.. HLAS EP-04 & EP-05 Rehabilitation 16075 - 5 11/03 e. Motor -control centers. f. Disconnect switches. g. Enclosed circuit breakers. h. Motor starters. i. Push-button stations. j. Power transfer equipment. k. Contactors. 1. Monitoring and control equipment. 3.2 INSTALLATION A. Verify identity of each item before installing identification products. B. Location: Install identification materials and devices at locations for most convenient viewing without interference with operation and maintenance of equipment. C. Apply identification devices to surfaces that require finish after completing finish work. D. Self -Adhesive Identification Products: Clean surfaces before application, using materials and methods recommended by manufacturer of identification device. E. Attach nonadhesive signs and plastic labels with screws and auxiliary hardware appropriate to the location and substrate. F. System Identification Color Banding for Raceways and Cables: Each color band shall completely encircle cable or conduit. Place adjacent bands of two-color markings in contact, side by side. Locate bands at changes in direction, at penetrations of walls and floors, at 50-foot maximum intervals in straight runs, and at 25-foot maximum intervals in congested areas. G. Color -Coding for Phase and Voltage Level Identification, 600 V and Less: Use the colors listed below for ungrounded service, feeder, and branch -circuit conductors. 1. Color shall be factory applied or, for sizes larger than No. 10 AWG if authorities having jurisdiction permit, field applied. 2. Colors for 208/120-V Circuits: a. Phase A: Black. b. Phase B: Red. C. Phase C: Blue. 3. Colors for 480/277-V Circuits: a. Phase A: Brown. b. Phase B: Orange. C. Phase C: Yellow. HLAS EP-04 & EP-05 Rehabilitation 16075 - 6 11/03 H. 4. Field -Applied, Color -Coding Conductor Tape: Apply in half -lapped turns for a minimum distance of 6 inches from terminal points and in boxes where splices or taps are made. Apply last two turns of tape with no tension to prevent possible unwinding. Locate bands to avoid obscuring factory cable markings. Underground -Line Warning Tape: During backfilling of trenches install continuous underground -line warning tape directly above line at 6 to 8 inches below finished grade. Use multiple tapes where width of multiple lines installed in a common trench exceeds 16 inches overall. END OF SECTION 16075 HLAS EP-04 & EP-05 Rehabilitation 16075 - 7 11/03 SECTION 16120 - CONDUCTORS AND CABLES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes building wires and cables and associated connectors, splices, and terminations for wiring systems rated 600 V and less. B. Related Sections include the following: 1.3 SUBMITTALS A. Product Data: For each type of product indicated. B. Field Quality -Control Test Reports: From Contractor. 1.4 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. PART 2 - PRODUCTS. 2.1 MANUFACTURERS A. In other Part 2 articles where subparagraph titles, below introduce lists, the following requirements apply for product selection: 1. Manufacturers: Subject to compliance with requirements, provide products by the manufacturers specified. 2.2 CONDUCTORS AND CABLES A. Manufacturers: 1. Alcan Aluminum Corporation; Alcan Cable Div. HLAS EP-04 & EP-05 Rehabilitation 16120 -1 11/03 L", 2. American Insulated Wire Corp.; a Leviton Company. 3. General Cable Corporation. 4. Senator Wire & Cable Company. 5. Southwire Company. B. Refer to Part 3 "Conductor and Insulation Applications" Article for insulation type, cable construction, and ratings. C. Conductor Material: Copper complying with NEMA WC 5 or 7; solid conductor for No. 10 AWG and smaller, stranded for No. 8 AWG and larger. D. Conductor Insulation Types: Type THHN-THWN complying with NEMA WC 5 or 7. E. Multiconductor Cable: Armored cable, Type AC Metal -clad cable, Type MC with ground wire. 2.3 CONNECTORS AND SPLICES A. Manufacturers: 1. AFC Cable Systems, Inc. 2. AMP Incorporated/Tyco International. 3. Hubbell/Anderson. 4. O-Z/Gedney; EGS Electrical Group LLC. 5. 3M Company; Electrical Products Division. B. Description: Factory -fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. PART 3 - EXECUTION 3.1 CONDUCTOR AND INSULATION APPLICATIONS A. Service Entrance: Type THHN-THWN, single conductors in raceway. B. Exposed Feeders: Type THHN-THWN, single conductors in raceway. C. Feeders Concealed in Ceilings, Walls, and Partitions: Type THHN-THWN, single conductors in raceway. D. Feeders Concealed in Concrete, below Slabs -on -Grade, and in Crawlspaces: Type THHN-THWN, single conductors in raceway. E. Exposed Branch Circuits, including in Crawlspaces: Type THHN-THWN, single conductors in raceway. F. Branch Circuits Concealed in Ceilings, Walls, and Partitions: Type THHN-THWN, single conductors in raceway Armored cable, Type AC, Metal -clad cable, Type MC. HLAS EP-04 & EP-05 Rehabilitation 16120 - 2 11/03 G. Branch Circuits Concealed in Concrete and below Slabs -on -Grade: Type THHN- THWN, single conductors in raceway. H. Class 1 Control Circuits: Type THHN-THWN, in raceway. 1. Class .2 Control Circuits: Type THHN-THWN, in raceway. 3.2 INSTALLATION A. Conceal cables in finished walls, ceilings, and floors, unless otherwise indicated. B. Use manufacturer -approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. C. Use pulling means, including fish tape, cable, rope, and basket -weave wire/cable grips, that will not damage cables or raceway. D. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. E. Support cables according to Division 16 Section `Basic Electrical Materials and Methods." F. Identify and color -code conductors and cables according to Division 16 Section " Electrical Identification." 3.3 CONNECTIONS A. Tighten electrical connectors and terminals according to manufacturer's published torque -tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 48613. B. Make splices and taps that are compatible- with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. 1. Use oxide inhibitor in each splice and tap conductor for aluminum conductors. 3.4 FIELD QUALITY CONTROL A. Testing: Perform the following field quality -control testing: 1. After installing conductors and cables and before electrical circuitry has been energized, test for compliance with requirements. 2. Perform each electrical test and visual and mechanical inspection stated in NETA ATS, Section 7.3.1. Certify compliance with test parameters. { B. Test Reports: Prepare a written report to record the following: HLAS EP-04 & EP-05 Rehabilitation 16120 - 3 11/03 1. Test procedures used. 2. Test results that comply with requirements. 3. Test results that do not comply with requirements and corrective action taken to achieve compliance with requirements. END OF SECTION 16120 HLAS EP-04 & EP-05 Rehabilitation 16120 - 4 11/03 SECTION 16130 - RACEWAYS AND BOXES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes raceways, fittings, boxes, enclosures, and cabinets for electrical wiring. B. Related Sections include the following: 1. Division 16 Section "Electrical Supports" for seismic restraints and bracing of raceways, boxes, enclosures, and cabinets. 1.3 DEFINITIONS A. EMT: Electrical metallic tubing. B. ENT: Electrical nonmetallic tubing. C. FMC: Flexible metal conduit. D. IMC: Intermediate metal conduit. E. LFMC: Liquiidtight flexible metal conduit. F. LFNC: Liquidtight flexible nonmetallic conduit. G. RNC: Rigid nonmetallic conduit. 1.4 SUBMITTALS A. Product Data: For surface raceways, wireways and fittings, floor boxes, hinged -cover enclosures, and cabinets. B. Shop Drawings: Show fabrication and installation details of components for raceways, fittings, boxes, enclosures, and cabinets. HLAS EP-04 & EP-05 Rehabilitation 16130 -1 11/03 1.5 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. 1.6 COORDINATION A. Coordinate layout and installation of raceways, boxes, enclosures, cabinets, and suspension system with other construction that penetrates ceilings or is supported by them, including light fixtures, HVAC equipment, fire -suppression system, and partition assemblies. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where subparagraph titles below introduce lists, the following requirements apply for product selection: 1. Manufacturers: Subject to compliance with requirements, provide products by the manufacturers specified. 2.2 METAL CONDUIT AND TUBING A. Manufacturers: 1. AFC Cable Systems, Inc. 2. Alflex Inc. 3. Anamet Electrical, Inc.; Anaconda Metal Hose. 4. Electri-Flex Co. 5. Grinnell Co./Tyco International; Allied Tube and Conduit Div. 6. LTV Steel Tubular Products Company. 7. Manhattan/CDT/Cole-Flex. 8. O-Z Gedney; Unit of General Signal. 9. Wheatland Tube Co. B. Rigid Steel Conduit: ANSI C80.1. C. IMC: ANSI C80.6. D. Plastic -Coated Steel Conduit and Fittings: NEMA RN 1. E. Plastic -Coated IMC and Fittings: NEMA RN 1. F. EMT and Fittings: ANSI C80.3. HLAS EP-04 & EP-05 Rehabilitation 16130 - 2 11 /03 PART 3 - EXECUTION 3.1 RACEWAY APPLICATION A. Outdoors: 1. Exposed: Rigid steel or IMC. 2. Concealed: Rigid steel or IMC. 3. Underground, Single Run: RNC. 4. Underground, Grouped: RNC. 5. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor -Driven Equipment): LFMC. 6. Boxes and Enclosures: NEMA 250, Type 3R. B. Indoors: 1. Exposed: Rigid steel or EMT. 2. Concealed: Rigid steel or EMT. 3. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor -Driven Equipment): FMC; except use LFMC in damp or wet locations. 4. Damp or Wet Locations: Rigid steel conduit. 5. Boxes and Enclosures: NEMA 250, Type 1, except as follows: a. Damp or Wet Locations: NEMA 250, Type 4, stainless steel. C. Minimum Raceway Size: 1/2-inch trade size. D. Raceway Fittings: Compatible with raceways and suitable for use and location. 1. Intermediate Steel Conduit: Use threaded rigid steel conduit fittings, unless otherwise indicated. 2. PVC Externally Coated, Rigid Steel Conduits: Use only fittings approved for use with that material. Patch all nicks and scrapes in PVC coating after installing conduits. E. Install nonferrous conduit or tubing for circuits operating above 60 Hz. Where aluminum raceways are installed for such circuits and pass through concrete, install in nonmetallic sleeve. 3.2 INSTALLATION A. Keep raceways at least 6 inches away from parallel runs of flues and steam or hot- water pipes. Install horizontal raceway runs above water and steam piping. B. Complete raceway installation before starting conductor installation. C. Support raceways as specified in Division 16 Section "Electrical Supports." D. Install temporary closures to prevent foreign matter from entering raceways. HLAS EP-04 & EP-05 Rehabilitation 16130 - 5 11/03 E. Protect stub -ups from damage where conduits rise through floor slabs. Arrange so curved portions of bends are not visible above the finished slab. F. Make bends and offsets so ID is not reduced. Keep legs of bends in the same plane and keep straight legs of offsets parallel, unless otherwise indicated. G. Conceal conduit and EMT within finished walls, ceilings, and floors, unless otherwise indicated. 1. Install concealed raceways with a minimum of bends in the shortest practical distance, considering type of building construction and obstructions, unless otherwise indicated. H. Install exposed raceways parallel or at right angles to nearby surfaces or structural members and follow surface contours as much as possible. 1. Run parallel or banked raceways together on common supports. 2. Make parallel bends in parallel or banked runs. Use factory elbows only where elbows can be installed parallel; otherwise, provide field bends for parallel raceways. Join raceways with fittings designed and approved for that purpose and make joints tight. 1. Use insulating bushings to protect conductors. J. Tighten set screws of threadless fittings with suitable tools. K. Terminations: 1. Where raceways are terminated with locknuts and bushings, align raceways to enter squarely and install locknuts with dished part against box. Use two locknuts, one inside and one outside box. 2. Where raceways are terminated with threaded hubs, screw raceways or fittings tightly into hub so end bears against wire protection shoulder. Where chase nipples are used, align raceways so coupling is square to box; tighten chase nipple so no threads are exposed. L. Install pull wires in empty, raceways. Use polypropylene or monofilament plastic line with not less than 200-lb tensile strength. Leave at least 12 inches of slack at each end of pull wire. M. Telephone and Signal System Raceways, 2-Inch Trade Size and Smaller: in addition to above requirements, install raceways in maximum lengths of 150 feet and with a maximum of two 90-degree bends or equivalent. Separate lengths with pull or junction boxes where necessary to comply with these requirements. N. Install raceway sealing fittings at suitable, approved, and accessible locations and fill them with UL-iisted sealing compound. For concealed raceways, install each fitting in a flush steel box with a blank cover plate having a finish similar to that of adjacent plates or surfaces. Install raceway sealing fittings at the following points: L HLAS EP-04 & EP-05 Rehabilitation 16130 - 6 11/03 1. Where conduits pass from warm to cold locations, such as boundaries of refrigerated spaces. 2. Where otherwise required by NFPA 70. O. Stub -up Connections: Extend conduits through concrete floor for connection to freestanding equipment. Install with an adjustable top or coupling threaded inside for plugs set flush with finished floor. Extend conductors to equipment with rigid steel conduit; FMC may be used 6 inches above the floor. Install screwdriver -operated, threaded plugs flush with floor for future equipment connections. P. Flexible Connections: Use maximum of 48 inches of flexible conduit for recessed and semirecessed lighting fixtures; for equipment subject to vibration, noise transmission, or movement; and for all motors. Use LFMC in damp or wet locations. Install separate ground conductor across flexible connections. Q. Install hinged -cover enclosures and cabinets plumb. Support at each corner. 3.3 PROTECTION A. - Provide final protection and maintain conditions that ensure coatings, finishes, and cabinets are without damage or deterioration at time of Substantial Completion. 1. Repair damage to galvanized finishes with zinc -rich paint recommended by manufacturer. 2. Repair damage to PVC or paint finishes with matching touchup coating recommended by manufacturer. 3.4 CLEANING A. After completing installation of exposed, factory -finished raceways and boxes, inspect exposed finishes and repair damaged finishes. END OF SECTION 16130- HLAS EP-04 & EP-05 Rehabilitation 16130 - 7 11/03 SECTION 16269 - VARIABLE FREQUENCY CONTROLLERS PART 1 — GENERAL 1.01 SCOPE OF WORK A. This section provides specification requirements for adjustable (variable) frequency drives and variable speed drives, herein referred to as AC Drives, for use with NEMA B design AC motors. B. The AC Drive manufacturer shall furnish, field test, adjust and certify all installed AC Drives for satisfactory operation. C. Any exceptions/deviations to this specification shall be indicated in writing and submitted with the quotation. D. Refer to -Section 01010 — SUMMARY OF WORK for additional requirements. 1.02 REFERENCES A. ANSI/NFPA 70 - National Electrical Code (NEC). B. ANSI C84.1 - Voltage Tolerances for North America. C. IEC 68 Part 2-3 - Basic Environmental Testing Procedures Part 2: Tests - Damp Heat. D. IEC 146.1 - Semiconductor Converters - General Requirements, and Line Commutated Converters Part 1-1: Specifications of Basic Requirements. E. IEC 664 - Insulation Coordination for Equipment within Low -Voltage Systems. F. IEC 447 - Man -Machine Interface Actuating Principles. G. IEC 439 - Low Voltage Switchgear and Control Gear Assemblies. H. IEC 947 -Low Voltage Switchgear and Control Gear Components. I. IEC 364 - Electrical Installation of Buildings. J. IEC 204/NFPA 79 - Electrical Equipment of Industrial Machines/Industrial Machinery. K. IEC 106 - Guide for Specifying Environmental Conditions for Equipment Performance Rating. L. . IEC 529 - Degrees of Protection Provided by Enclosure. M. IEC 1000 - Electromagnetic Compatibility. N. IEC 721 - Classification of Environmental Conditions. O. IEC 255-8 Overload Relays. P. IEC 801-2,-3,-4,-5 - Immunity Tests. Q. NEMA ICS 6-- Industrial Control and Systems Enclosures. R. NEMA ICS, Part 4 - Overload Relays.- S. NEMA Publication 250 - Enclosures for Electrical Equipment. T. NEMA ICS 2-321 - Electrical Interlocks. U. NEMA ICS7 - Industrial Control and Systems Adjustable Speed Drives. V. NEMA ICS 7.1 - Safety Standards for Construction and Guide for Selection Installation and Operation of Adjustable Speed Drives. HLAS EP-04 & EP-05 Rehabilitation 16269 -1 11/03 W. UL 50 - UL Standard for Safety Enclosures for Electrical Equipment. X. UL 98 - UL Standard for Disconnect Switches. Y. UL 507 - UL Standard for Safety Electric Fans. Z. UL 508 - UL Standard for Safety Industrial Control Equipment. 1.03 SUBMITTALS A. Six (6) submittal packages including drawings shall be furnished for Engineers' approval prior to factory assembly of the AC Drives. These packages shall consist of elementary power and control wiring diagrams on one drawing and enclosure outline drawings. The enclosure drawings shall include front and side views of the enclosures with overall dimensions and weights shown, and conduit entrance locations. Standard catalog specification sheets showing voltage, horsepower and maximum current ratings shall be furnished as part of the submittal package. 1.04 WARRANTY A. A twenty four (24) month parts warranty shall be provided on materials and workmanship from the date of purchase. 1.05 QUALITY ASSURANCE A. The manufacturer of the AC Drive shall be a certified ISO 9001 facility. B. The AC'Drive and all associated optional equipment shall be UL Listed according to UL 508 C - Power Conversion Equipment. As verification, a UL la- bel shall be attached on the inside of the combination enclosure. C. The AC Drive shall be designed, constructed and tested in accordance with UL, CSA, NEMA, and NEC standards. D. Every power converter shall be tested with an AC induction motor while loaded and temperature cycled within an environment chamber at 40 °C (104 °F). E. All pilot devices shall be industrial rated and tested to verify proper operation. PART 2 — PRODUCT 2.01 MANUFACTURERS A. The AC Drive shall be provided by Square D/Schneider Electric, Class 8839 ECONOFLEX, or prior approved equal. Substitutions must be submitted in writing ten (10) days prior to original bid date with supporting documentation demonstrating that the alternative manufacturer meets all aspects of the specifications herein. B. Alternate control techniques other than pulse width modulated (PWM) are not acceptable. 2.02 GENERAL DESCRIPTION A. The AC Drive shall convert the input AC mains power to an adjustable frequency and voltage, as defined in the following sections. HLAS EP-04 & EP-05 Rehabilitation 16269 - 2 11/03 B. The input power section shall utilize a full wave bridge design incorporating diode rectifiers. The diode rectifiers shall convert fixed voltage and frequency, AC line power to fixed DC voltage. This power section shall be insensitive to phase rotation of the AC line. C. The output power section shall change fixed DC voltage to adjustable frequency AC voltage. This section shall utilize intelligent power modules (IPMs), as required by the current rating of the motor. 2.03 CONSTRUCTION A. The AC Drive power converter shall be enclosed in a Type 12 enclosure with a circuit breaker disconnect, industrial rated operator controls, user terminal strip connections and bypass controls. Type 12 enclosures shall have top and bot- tom conduit knockouts. Type 3R enclosures shall be acceptable. B. The enclosure shall provide dedicated user terminals for power and control device connection. C. Provisions shall be included for locking the disconnect in the OFF position with a padlock. D. All enclosure and heatsink fans shall be accessible from the front and shall not require the removal of the AC drive power converter. 2.04 MOTOR DATA A. The AC Drive shall be sized to operate the following AC motors: 1. Motor horsepower 50 & 60. 2. Motor full load ampere 62 & 73. 3. Motor.rpm will be 1800 at 60 Hz. 4. Motor voltage will be 460. 5. Motor service factor will be 1.15. 6. NEMA MG1. 2.05 APPLICATION DATA `-' A. The AC Drive shall be sized to operate a variable torque load. B. The speed range shall be from a minimum speed of 1.0 Hz to a maximum speed of 60 Hz. 2.06 ENVIRONMENTAL RATINGS A. The AC Drive shall meet IEC 664-1 -Annex A and NEMA ICS 1, UL, and CSA standards. B. The AC Drive shall be designed to operate in an ambient temperature from 0 to 40 °C (32 to 104 °F) for Type 1 and Type 12 enclosures. AC Drives in Type 3R enclosures shall be designed to operate in an ambient temperature from -10 to 50 °C (14 to 122 °F). C. The storage temperature range shall be -25 to 65 °C (-13 to 149 `F). D. The maximum relative humidity shall be 95%, non -condensing. HLAS EP-04 & EP-05 Rehabilitation 16269 - 3 11/03 E. The AC Drive shall be rated to operate at altitudes less than or equal to 3300 ft (1000 m). For altitudes above 3300 ft (1000 m), de -rate the AC Drive by 1% for every 330 ft (100 m). E. The AC Drive shall meet the IEC 721-3-3-3M3 operational vibration specification. 2.07 RATINGS A. The AC Drive shall be designed to operate from an input voltage of 460 Vac (±) 10%. B. The AC Drive shall operate from an input frequency range of 60 Hz (±) 5%. C. The displacement power factor shall not be less than .98 lagging under any speed or load condition. D. The. efficiency of the AC Drive at 100% speed and load shall not be less than 97%. E. The variable torque rated AC Drive over current capacity shall be not less than 110% for 1 minute. F. The output carrier frequency of the AC Drive shall be programmable at 0.5, 1, 2, 4 or 8 kHz. In addition, the output carrier frequency shall be randomly modulated about the selected frequency. 2.08 PROTECTION A. Upon power -up, the AC Drive shall automatically test for valid operation of memory, loss of analog reference input, loss of communication, DC -to -DC power supply, control power and pre -charge circuit. B. The enclosure shall provide a fully coordinated 10kAIC 50-100 hp rating marked on the enclosure nameplate. Short circuit coordination to UL 508C Power Conversion Equipment and NEMA ICS 7.1. C. The AC Drive shall be protected against short circuits, between output phases and to ground. D. The AC Drive shall have a minimum AC undervoltage power loss ride -through of 200 milliseconds (12 cycles). E. The AC drive shall have a programmable ride -through function, which will allow the logic to maintain control for a minimum of one -second (60 cycles) without faulting. F. For a fault condition other than a ground fault, short circuit or internal fault, an auto restart function will provide up to 6 programmable restart attempts. The time delay before restart attempts will be 30 seconds. G. Upon loss of the analog process follower reference signal, the AC Drive shall be programmable to display a fault. H. The AC Drive shall have a solid-state UL 508 C listed overload protective device and meet IEC 60947. I. The output frequency shall be software enabled to fold back when the motor is overloaded. J. There shall be three skip frequency ranges that can be programmed to a bandwidth of ± 2.5 Hz. f HLAS EP-04 & EP-05 Rehabilitation 16269 - 4 11/03 2.09 ADJUSTMENTS & CONFIGURATIONS A. The AC Drive will be factory programmed to operate all specified optional devices. B. The acceleration and deceleration ramp times shall be adjustable from 0.05 to 999.9 seconds. C. The memory shall retain and record run status and fault type of the past 8 faults. C. The software shall have an energy economy function that, when selected, will reduce the voltage to the motor when selected for variable torque loads. A constant volts/Hz ratio will be maintained during acceleration. The output voltage will then automatically adjust to meet the torque requirement of the load. 2.10 KEYPAD DISPLAY INTERFACE A. The keypad display interface shall offer the modification of AC Drive adjustments via a touch keypad. All electrical values, configuration parameters, 1/0 assignments, application and activity function access, faults, local control, and adjustment storage, and diagnostics shall be in plain English. There will be a standard selection of 4 additional languages built-in to the operating software as standard. B. The display will be a high -resolution, LCD, backlit screen. C. The AC Drive model number, torque type, software revision number, horsepower, output current, motor frequency and motor voltage shall be listed on the drive identification portion of the LCD display. D. The keypad display shall have a hardware selector switch that allows the keypad to be locked out from unauthorized personnel. 2.11 OPERATOR CONTROLS A. The control power for the digital inputs and outputs shall be 24 Vdc. B. The internal power supply shall incorporate automatic current fold -back that protects the. internal power supply if incorrectly connected or shorted. The transistor logic outputs will be current limited and will not be damaged if shorted. C. Pull -apart terminal strips shall be used on all logic and analog signal con- nections in the power converter D. Two voltage -free relay output contacts will .be provided. One of the contacts will indicate AC Drive fault status. The other contact shall indicate a drive run status. E. The combination enclosure shall have the following dedicated operator controls: 1. Hand -Off -Auto switch Start -Stop push button and Hand -off -Auto switch 2. Manual Speed Potentiometer 3. AFC -Off -Bypass switch (when bypass is specified) 4. Test -Normal Selector switch (when bypass is specified) 5. Power On (red) LED indicator 6. Drive Run (green) LED indicator 7. Drive Fault (yellow) LED indicator 8. Auto Mode (yellow) or Bypass Run (yellow) LED indicator t 7 HLAS EP-04 & EP-05 Rehabilitation 16269 - 5 11/03 F. The contractor shall wire the AC Drive controls to a hi / low-pressure switch. Normal operating range of the pumps are 20 psi. The pumps shall automatically shut off if the discharge line pressure exceeds 30 psi. They shall also automati- cally shut off if the line pressure falls below 10 psi. If the pumping station ex- periences power loss, the pumps shall not restart automatically, but will be op- erator initiated. However, since discharge line pressures may fall below 10 psi during power failure, there must be a tie delay feature installed to allow starting of the pumps and ample time to build pressure above the low cutoff point. G. Each AC Drive cabinet shall have a GE Multilin 369 motor management Relay with the metering options. The relay shall be panel mounted and shall face out- ward. The face shall not exceed six feet in height nor exceed lower than five feet after site installation is complete. The relay must display actual system voltage phase to phase and phase to ground. The relay must be programmed with rec- ommended factory trip and alarm settings before installation is considered to be complete. All interface and control wiring shall be complete prior to shipment. There will be not RTD inputs for the initial installation but provisions must be made for the future addition of these inputs. The contractor must provide two copies of completion of the project. 2.12 SERIAL COMMUNICATION A. The AC Drive shall have serial communication options of LONWORKS, MODBUS, or METASYS N2. 2.13 DRIVE ISOLATION AND BYPASS CONTACTORS A. The AC Drive shall include mechanically and electrically interlocked isolation and bypass contactors complete with Class 20 thermal overload relay, circuit breaker disconnect, control circuit transformer, AFC/OFF/BYPASS switch and TEST/NORMAL selector switch. B. The operator shall have full control of the bypass starter by operation of the AFC/OFF/BYPASS selector switch. C. In the AUTOMATIC mode of operation the bypass contactors shall be sequenced by the 120-volt rated auto start contact provided by the user. D. The isolation contactor for the bypass shall be sequenced to provide motor isolation during a drive ready state of operation. E. A TEST/NORMAL selector switch shall provide test operation of the power converter while operating the motor in bypass. 2.14 HARMONIC MITIGATION A. The electrical distribution system has been designed to meet IEEE-519-1992 with the addition of line reactors. These line reactors shall be mounted inside the drive enclosure. i HLAS EP-04 & EP-05 Rehabilitation 16269 - 6 11/03 i a PART 3 - INSTALLATION 3.01 INSPECTION A. Verify that the location is ready to receive work and the dimensions are as indicated. 3.02 PROTECTION A. Before and during the installation, the AC Drive equipment shall be protected from site contaminants. 3.03 INSTALLATION A. Installation shall be in compliance with manufacturer's instructions, drawings and recommendations. B. The AC Drive manufacturer shall provide a factory certified technical representative to inspect the contractor's installation, test and start-up the AC Drive(s) furnished under this specification for a maximum total of One (1) day. The start-up service shall be quoted as a separate line item. C. If the supplied VFD cabinets are constructed to be free standing, they shall be securely anchored to the floor in a manner that eliminates tipping of the cabi- net. If the cabinets require a rack on which to be mounted, the contractor shall be responsible for construction of the rack. The rack shall be con- structed of stainless steel unistrut and mounted with grade 316 stainless steel bolts, nuts, and washers. 3.04 TRAINING A. An on -site training course of One (1) training day shall be provided by a representative of the AC Drive manufacturer to plant and/or maintenance personnel. 3.05 DOCUMENTATION A. The AC Drive manufacturer shall supply three (3) comprehensive 8-1/2 x 11- inch bound instruction/installation manuals that includes wiring diagrams, layout diagrams, and outline dimensions. These manuals must be 3-hole punched for insertion in a shop manual supplied by the installing contractor. END OF SECTION 16269 '; HLAS EP-04 & EP-05 Rehabilitation 16269 - 7 11/03 SECTION 16410 - ENCLOSED SWITCHES AND CIRCUIT BREAKERS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following individually mounted, enclosed switches and circuit breakers: 1. Fusible switches. 2. Nonfusible switches. 3. Molded -case circuit breakers. 4. Molded -case switches. 5. Enclosures. 1.3 DEFINITIONS A. GD: General duty. B. GFCI: Ground -fault circuit interrupter. - C. HD: Heavy duty. D. RMS: Root mean square. E. SPDT: Single pole, double throw. 1,4 SUBMITTALS A. Product Data: For each type of enclosed switch, circuit breaker, accessory, and component indicated. Include dimensioned elevations, sections, weights, and manufacturers' technical data on features, performance, electrical characteristics, -- ratings, and finishes. 1. Enclosure types and details for types other than NEMA 250, Type 1. _ 2. Current and voltage ratings. 3. Short-circuit current rating. 4. UL listing for series rating of installed devices. 5. Features, characteristics, ratings, and factory settings of individual overcurrent protective devices and auxiliary components. HLAS EP-04 & EP-05 Rehabilitation 16410 -1 11/03 B. Shop Drawings: Diagram power, signal, and control wiring. C. Manufacturer Seismic Qualification Certification: Submit certification that enclosed switches and circuit breakers, accessories, and components will withstand seismic forces defined in Division 16 Section "Electrical Supports" Include the following: 1. Basis of Certification: Indicate whether withstand certification is based on actual test of assembled components or on calculation. a. The term "withstand" means "the unit will remain in place without separation of any parts from the device when subjected to the seismic forces specified." b. The term "withstand" means "the unit will remain in place without separation of any parts from the device when subjected to the seismic forces specified and the unit will be fully operational after the seismic event." 2. Dimensioned Outline Drawings of Equipment Unit: Identify center of gravity and locate and describe mounting and anchorage provisions. 3. Detailed description of equipment anchorage devices on which the certification is based and their installation requirements. D. Field quality -control test reports including the following: 1. Test procedures used. 2. Test results that comply with requirements. 3. Results of failed tests and corrective action taken to achieve test results that comply with requirements. E. Manufacturer's field service report. F. Operation and Maintenance Data: For enclosed switches and circuit breakers to include in emergency, operation, and maintenance manuals. In addition to items specified in Division 1 Section "Closeout Procedures," include the following: 1. Manufacturer's written instructions for testing and adjusting enclosed switches and circuit breakers. 2. Time -current curves, including selectable ranges for each type of circuit breaker. 1.5 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. C. Product Selection for Restricted Spacer Drawings indicate maximum dimensions for enclosed switches and circuit breakers, including clearances between enclosures, and adjacent surfaces and other items. Comply with indicated maximum dimensions. HLAS EP-04 & EP-05 Rehabilitation 16410 - 2 11 /03 2.4 ENCLOSURES A. NEMA AB 1 and NEMA KS 1 to meet environmental conditions of installed location. 1. Outdoor Locations: NEMA 250, Type 3R. 2. Kitchen Areas: NEMA 250, Type 4X, stainless steel. 3. Other Wet or Damp Indoor Locations: NEMA 250, Type 4. 4. Hazardous Areas Indicated on Drawings: NEMA 250, Type 7C. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine elements and surfaces to receive enclosed switches and circuit breakers for compliance with installation tolerances and other conditions affecting performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 CONCRETE BASES A. Coordinate size and location of concrete bases. Verify structural requirements with structural engineer. B. Concrete base is specified in Division 16 Section "Electrical Supports and Seismic Restraints," and concrete materials and installation requirements are specified in Division 3. 3.3 INSTALLATION A. Comply with applicable portions of NECA 1, NEMA PB 1.1, and NEMA PB 2.1 for installation of enclosed switches and circuit breakers. B. Mount individual wall -mounting switches and circuit breakers with tops at uniform height, unless otherwise indicated. Anchor floor -mounting switches to concrete base. C. Comply with mounting and anchoring requirements specified in Division 16 Section "Electrical Supports and Seismic Restraints." D. Temporary Lifting Provisions: Remove temporary lifting eyes, channels, and brackets and temporary blocking of moving parts from enclosures and components. 3.4 IDENTIFICATION A. Identify field -installed conductors, interconnecting wiring, and components; provide warning signs as specified in Division 16 Section "Electrical Identification." HLAS EP-04 & EP-05 Rehabilitation 16410 - 5 11/03 20C)L1- Q00_3Q B. Enclosure Nameplates: Label each enclosure with engraved metal or laminated -plastic nameplate as specified in Division 16 Section "Electrical Identification." 3.5 FIELD QUALITY CONTROL A. Manufacturer's Field Service: Engage a factory -authorized service representative to inspect field -assembled components and equipment installation, including connections. Report results in writing. B. Prepare for acceptance testing as follows: 1. Inspect mechanical and electrical connections. 2. Verify switch and relay type and labeling verification. 3. Verify rating of installed fuses. 4. Inspect proper installation of type, size, quantity, and arrangement of mounting or anchorage devices complying with manufacturer's certification. C. Perform the following field tests and inspections and prepare test reports: 1. Test mounting and anchorage devices according to requirements in Division 16 Section "Electrical Supports and Seismic Restraints." 2. Perform each electrical test and visual and mechanical inspection stated in NETA ATS, Section 7.5 for switches and Section 7.6 for molded -case circuit breakers. Certify compliance with test parameters. 3. Correct malfunctioning units on -site, where possible, and retest to demonstrate compliance; otherwise, replace with new units and retest. - - 3.6 ADJUSTING A. Set field -adjustable switches and circuit -breaker trip ranges. 3.7 CLEANING A. On completion of installation, vacuum dirt and debris from interiors; do not use compressed air to assist in cleaning. B. Inspect exposed surfaces and repair damaged finishes. END OF SECTION 16410 HLAS EP-04 & EP-05 Rehabilitation 16410 - 6 11103