The URL can be used to link to this page

Home My WebLink AboutResolution - 3288 - Contract - Honeywell Inc - HVAC Control System, Municipal Square - 01_11_1990Resolution #3288 January 11, 1990 Item #22 Bid #10478 HW:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Honeywell, Inc. for replacement of H.V.A.C. control system at Municipal Square, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this llth day of January 1990. Fil ATTEST: Ranttte Boyd, City Secr APPROVED AS TO CONTENT•. Gene Ead , Purchasing Manager APPROVED AS TO FORM: Harold Willard, Assistant City Attorney N LUP.E.DC"N' S P F IF I C A T If CONS: FOR REPLACE liN.A.C. CONTROL SYS'liAll A I �jl 1, C f P A SQUIARE 1:11D, � 10478 CITY OF LUBBOCK Lubbock, Texas 3 1 ALiq CITY OF LUBBOCK SPECIFICATIONS for TITLE: REPLACE H.V.A.C. CONTROL SYSTEM AT MUNICIPAL SQUARE ADDRESS: 916 TEXAS BID NUMBER: 10478 PROJECT NUMBER: 1491-552101-9012 CONTRACT PREPARED BY: Purchasing Department -1- (This page left blank intentionally) INDEX PAGE 1. NOTICE TO BIDDERS..........................................................................................3 2. GENERAL INSTRUCTIONS TO BIDDERS............................................................................4 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10 4. PAYMENT BOND..............................................................................................13 5. PERFORMANCE BOND..........................................................................................16 6. CERTIFICATE OF INSURANCE..................................................................................19 ® 7. CONTRACT..................................................................................................21 8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23 9. CURRENT WAGE DETERMINATIONS .............................. .............41 .................................... 10. SPECIFICATIONS............................................................................................42 11. SPECIAL CONDITIONS........................................................................................43 12. NOTICE OF ACCEPTANCE......................................................................................45 -2- (This page left blank intentionally) NOTICE TO BIDDERS -3- (This page left blank intentionally) NOTICE TO BIDDERS BID # 10478 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 21st day of December, 1989, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: REPLACE H.V.A.C. CONTROL SYSTEM AT MUNICIPAL SQUARE After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City Council will consider the bids on the 11th day of January, 1990, at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the r.- total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. if the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a pre -bid conference on 12th day of December, 1989, at 10:00 o'clock a.m., Room 212, Municipal Square, 916 Texas Aveneu. CITY OF LUBBOCK BY: Gene Eads, C.P.M. Purchasing Manager ADVERTISEMENT FOR BIDS BID # 10478 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 21st day of December, 1989, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: REPLACE H.V.A.C. CONTROL SYSTEM AT MUNICIPAL SQUARE After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per �., Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a prebid conference on 12th day of December, 1989, at 10:00 o'clock a.m., Room 212, Municipal Square, 916 Texas Avenue. BY: Gene Eads, C.P.M. "` PURCHASING MANAGER (This page left blank intentionally) GENERAL INSTRUCTIONS TO BIDDERS -4- (This page left blank intentionally) GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The work to be done under the contract documents shall consist of the following: Replace H.V.A.C. control system for Municipal Square building located at 916 Texas. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the Gen- eral Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS .., It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (NINETY) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so sub- mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple- tion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. -5- 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for pro- tecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provi- sion. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against de- fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished di- rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup- pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi- als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc- tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City re- serves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma- terials to be incorporated into the work without paying the tax at the time of purchase. M 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under- ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. -- 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig- nals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re- placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of ... acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor 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 blast- ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this r contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the A State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written -7- notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subroga- tion. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be applicable. Construc- tion work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc- tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. -8- The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to in- creases or decreases in the cost of materials, labor or other items required for the project will be re- jected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis- tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an indi- vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- lowing: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. T (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. -9- (This page left blank intentionally) BID PROPOSAL -10- (This page left blank intentionally) BID PROPOSAL BID FOR LUMP SUM CONTRACTS PLACE Mini r-i pal S"Ilare DATE 12-21-89 PROJECT NO.1 491- 552101- 9012 Proposal of Honeyndell Inc - (hereinafter cal led Bidder) I To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) r Gentlemen: C The Bidder, in compliance with your invitation for bids for the construction of a replace HVAC Control System at Municipal Square 1 having carefully examined the plans, specifications, instructions to bidders, notice to bidders and alL other re- lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround- ing the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica- tions and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is to be L a part, is as follows: BID: Fnrt)z one thousand nine hundred ninety three dollara$ 41,993.00 ) Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) 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 $50:00 (Fifty dollars) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. L Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in- struction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in t the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar U, days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. U L_ -11- Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the sum of 5% Of the bid price Dollars ($ ), which it is agreed shall be collected and retained by the owner as liquidated damages in the event the proposal is accepted by the owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. _ Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include ail con- tract documents made available to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) ATTEST: Attached Secretary Honeywell Inc. Contractor BY: -12- RESOLVED, That each individual serving in any position of the Company's Building Systems Division listed below is authorized to sign on behalf of the Company releases, lien waivers and performance bonds relating to the business of such Division: Vice President, Integrated Buildings Center, National Field Director, Controller, Regional Director, Branch Manager; RESOLVED, That each individual serving in any position of the Company's Building Systems Division listed below is authorized to sign Subcontract Agreements on behalf of the Company: Vice President, Integrated Buildings Center, National Field Director, National Construction Manager, Regional Director, Branch Manager, Branch Construction Manager. IN WITNESS WHEREOF, I have affixed my name as Secretary and have caused the corporate seal of this corporation to be hereunto affixed this 14th day of June, 1988. ;� Secretary I, S. Ueland, do hereby certify that I am the duly elected and qualified Secretary of Honeywell Inc., a corporation organized and existing under and by virtue of the laws of the State of Delaware, and that the following is a true and correct copy of certain resolutions duly adopted pursuant to authority granted at a meeting of the Board of Directors thereof, convened and held in accordance with the law and the by-laws of said corporation, at the offices of the Company, Honeywell Plaza, Minneapolis, Minnesota, on the 17th day of February, 1987, and that such resolutions are now in full force and effect: XIX-A. Building Systems Division RESOLVED, That the Vice President and General Manager of the Company's Building Systems Division is authorized to sign on behalf of the Company any instrument relating to the business of such Division except (1) a guarantee of the obligation of a third party, (2) an instrument relating to any banking or borrowing transaction by the Company, (3) a lease of a branch sales office, (4) any other lease of real property involving a total commitment in excess of $75,000, and (5) a deed, mortgage, contract, or other instrument for the conveyance, or purchase, of any interest in real property; RESOLVED, That each individual serving in any position of the Company's Building Systems Division listed below is authorized to sign on behalf of the Company any instrument relating to, issued or required in connection with, the sale or lease of products and services of such Division, except (1) a guarantee of the obligation of a third party, (2) atn!'instrument relating to any banking or borrowing transaction',by the Company, (3) a lease of real property, and (4) a deed, mortgage, contract or other instrument for the conveyance, or purchase, of an' ti interest in real property: c Vice President, Integrated Buildings Center,, Controller, National Field Director, National Sales Manager, " Regional Director, Regional Sales Manager, Branch Manager; RESOLVED, That each individual serving in any position of the Company's Building Systems Division listed below is authorized to sign purchase orders on behalf of such Division: Vice President, Integrated Buildings Center, Controller, National Field Director, Director of Marketing, National Construction Manager, Regional Director, Regional Sales Manager, Branch Manager, Distribution Center Manager; 118mul ST. PAUL FIRE AND MARI INSURANCE CCIMPAI PM&liability St. Paul, Minnes, A Capital Stock Compa BID BOND Approved by The American Institute of Architects, A. I. A. Document A 310 Feb. 1970 Edition KNOW ALL MEN BY THESE PRESENTS, that we HONEYWELL, INC . as Principal, hereinafter called the Principa and the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of th State of Minnesota as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK, LUBBOCK,TEXAS as Obligee, hereinafter called the Obligee in the sum of 5% OF THE ACCOMPANYING BID Dollar (S 57 ), 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 HVAC REPLACE CONTROL SYSTEM AT MUNICIPAL SQUARE BID #10487 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified i1 the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and fo the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of thi Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference no to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee ma` in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null an( void, otherwise to remain in full force and effect. Signed and sealed this 21ST day of DECEMBER A. D. 19 89 (Seal (Principal) (Witness) Charlotte Gerner (witness) B K. (Title) St. Paul Fire and Marine Insuranc Company (Seal (Surety) Stephen Sau ders(Attorneyan-tact)', Printed with permission of The American Institute of Architects 13250 Rev. 5.79 Printed in U.S.A. ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO. For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-328-2189 and ask for 132G ] 13 the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: Leon Stebler, K. Stephen Saunders, Robert C..Sclmelz, Gerald E. Keup, Oven Bolton, Kelly Messersinith, individually, Lubbock, Texas its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, UNLIMITED AS TO CHARACTER AND AMOUNT and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By -Laws " adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, . of which the following is a true transcript of said Section 6(C): "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May, 1959, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached:" signed and its, IN TESTIMONY WHEREOFSt. Paul Fire and Marine Insurance Company has caused this instrument to be si o`""\\��tiu�nemunrnu P g corporate seat to be affixed by its authorized officer, this 1st day of March, A.D. 1984. Ear 9P% ST. PAUL FIRE AND MARINE INSURANCE COMPANY '~ m STATE OF MINNESOTAI =� = County of Ramsey ss. R/A1N\&`�aS` ` Vice President On this 14th day of February , 19 89 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written. eyl �.Y Z ?nail 0—, S C01)101 MARY C. STEMPER, Notary Public, Ramsey County, MN My Commission Expires November 1, 1990 .� CERTIFICATION I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. 41A� S��y IN TESTIMONY WHEREOF, I have hereunto set my hand this day of — , 19 l , Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is,binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY. VALIDITY. 29550 Rev, 8-88 Printed in U.S.A. ST. PAUL FIRE AND MARII INSURANCE - COMPAP Properly&Liability St. Paul, Minnes( insurance A Capital Stock Compa: w BID BOND .• Approved by The American Institute of Architects, A. I. A. Document A 310 Feb. 1970 Edition KNOW ALL MEN BY THESE PRESENTS, that we HONEYWELL INC as Principal, hereinafter called the Principal -, and the ST. PAUL FIRE AND MARINE INSURANCE COMPA?4Y, a corporation duly organized under the laws of the State of Minnesota as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK, LUBBOCK;TEXAS as Obligee, hereinafter called the Obligee, in the sum of 5% OF THE ACCOMPANYING 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 HVAC REPLACE CONTROL SYSTEM AT MUNICIPAL SQUARE BID #10487 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal sliall enter into a :ontract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in I he 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 furnislied in the prosecution thereof, or in the event of the failure of the !'rincipal to enter such contract and give such bond or bonds, if the Principal sliall pay '.o 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 !n good faith contract with another party to perform the work covered by said bid, then this obligation sliall be null and void, otherwise to remain in full force and effect. Signed and sealed this 21ST day of DECEMBER A. D. 19 89 (Seal) (Principal) (witness) (Title) St. Paul Fire and Marine Insurance, Company (Seal) ety)(Sur (Witness) Gerner �Z 3Y ti— K. Stephen Sau ders(Attorney-in-fact) 1?2sn Rev, 5,7a Printed 1n U.S.A. Frinfed xvifh pennis4on of The Amerieatr Instinirc o.f ;trCJiitrc1.f Honeywell Per unit price for repairing the following: 1. Damper Actuators $85.00 2. Valve Actuators 65.00 3. Multi -Point Pressure Selector 45.00 4. P.E. Switch 45.00 Per unit price for replacing the following: 1. Damper Actuator $105.00 2. Valve Actuator 95.00 3. Multi -Port Pressure Selector 84.00 4. P.E. Switch 195.00 HONEYWELL INC., 1622 SIXTH STREET, LUBBOCK, TEXAS 79401. TELEPHONE 8061762-0506 F- m" A-. PAYMENT BOND -13- (This page left blank intentionally) Honeywell February 6, 1990 City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 Dear Ms. Maravia: The bonds Honeywell Inc. included in Bid #10478-Municipal Square HVAC Control System Replacement were submitted in an attempt at compliance for VACS5160. I hope this meets your requirements. If I may answer any future questions, please do not hesitate to call at 806-762-0506. Sincerely, Ed Nichols Account Executive EN/mk HONEYWELL INC., 1622 SIXTH STREET, LUBBOCK, TEXAS 79401, TELEPHONE 806/762-0506 ' 41 l k 'ST. PAUL FIRE AND MARINE A U I INSURANCE COMPANY Properly&Liabilly St. Paul, Minnesota Insurance A Capital Stock Company LABOR AND MATERIAL PAYMENT BOND BOND #40WA5727 Approved by The American Institute of Architects A.I.A. Document No. A-311 Feb., 1970 Edition The bond is issued simultaneously with another bond in favor of the BOND CHECK y owner conditioned for the full and faithful performance of the contract. BEST RATING KNOW ALL MEN BY THESE PRESENTS, That, HONEYWELL INC. LICENSED IN EXAS DATE L- _ By (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Principal, and, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized under the Iaws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety hereinaf- ter called Surety, are held and firmly bound unto CITY OF LUBBOCK 1625 — 13TH STREET, LUBBOCK, TX 79401 (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined in the amount of ONE THOUSAND NINE HUNDRED THIRTY THREE AND NO11OO---------- Dollars($1,993.60 (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated JANUARY 11 1990 entered into a contract with Owner for REPLACING HVAC CONTROL SYSTEM, MUNICIPAL SOUARE in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or was done or performed. Such notice shall be served by mailing the same _ with a subcontractor of the Principal for labor, material, or both, used or by registered mail or certified mail, postage prepaid, in an envelope reasonably required for use in the performance of the contract, labor and addressed to the Principal, Owner or Surety, at any place where an office material being construed to include that part of water, gas, power, light, is regularly maintained for the transaction of business, or served in any heat, oil, gasoline, telephone service or rental of equipment directly manner in which legal process may be served in the state in which the applicable to the Contract. aforesaid project is located, save that such service need not be made by a .— 2. The above named Principal and Surety hereby jointly and severally agree public officer. with the Owner that every claimant, as herein defined, who has not been b) After the expiration of one (1) year following the date on which Principal paid in full before the expiration of a period of ninety (90) days after the ceased work on said Contract, it being understood, however, that if any date on which the last of such claimant's work or labor was done or per- limitation embodied in this bond is prohibited by any law controlling the formed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. — for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or c) Other than in a state court of competent jurisdiction in and for the expenses of any such suit. county or other political subdivision of the state in which the project, or 3. No suit or action shall be commenced hereunder by any claimant: any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not a) Unless claimant, other than one having a direct contract with the Princi- elsewhere. pal, shall have given written notice to any two of the following: The Prin- cipal, the Owner, or the Surety above named, within ninety (90) days 4. The amount of this bond shall be reduced by and to the extent of any after such claimant did or performed the last of the work or labor, or payment or payments made in good faith hereunder, inclusive of the pay - furnished the last of the materials for which said claim is made, stating ment by Surety of mechanics' liens which may be filed of record against with substantial accuracy the amount claimed and the name of the party said improvement, whether or not claim for the amount of such lien be to whom the materials were furnished, or for whom the work or labor presented under and against this bond. Signed and sealed this 1 RTR day of JANUARY A.D. 19()Q . In the presence of: Seal cipal (� BY: - Ce i ed by • witness T . e' e S — 1 r C r Ti le Corporate gp a 1SK Management St. aul Fire and arine Insurance Company Seal it y ,; cen ed Resident Agent / SurAY5fj By 2 k zC L( ccr ti Attorney -in -fact MEREDITH F. SHIAN 11761 R . 2-85 Printed 7u—s*".11 Printed with permission of the American Institute of Architects STATE OF W NNESOTA) ss --Cf R --COUNTY OAMSEY ) On JANUARY 18 19 90_, before me, a hlot:ary Public wi thin and for said County rand State, personally appeared _MERED_, g F_ ygHTAN_ _ _ known to me to be the Attorney - in -fact of ST. PAUL FIRE AND _MARINE INSURANCE COMPANY ,.the corporation described in and that executed the within and foregoing instrument andknownto me to be the person who —executed the said instrument in behalf of said corporation and he duly acknowledged to me ICAAA that such corporation executed the same. . S AN M SUllIVAN AW ' MiNNESOTA -- - ------ - - - — x - Mf Cornmirtion ExpKes vg 21 I990 y 161V1 ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF ar,anw 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO. For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-328-2189 and ask for the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY r (Original on File at Home Office of Company. See Certification.) ! KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the t -- State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: Earl R. Larson, Meredith F. Shian, Janet K. Nelson, individually, Minneapolis, Minnesota its true and lawful attorney(s)-in-fart to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF FIFTY MILLION ($50,000,000) EACi and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. . , .`•;ii This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By -Laws adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, : of which the following is a true transcript of said Section 6(C): r "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuance of this: section and/or any of the By -Laws of the Company, and _. (3) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May, 1959, of which the following is a true excerpt "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." "F1pju„ IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984. a �= ST. PAUL FIRE AND MARINE INSURANCE COMPANY ', m= STATE OF MINNESOTAI = County of Ramsey ss. RANG�s`�J1 Vice President On this 2211d day of September , 19 89 , before me came the individual who executed the preceding instrument, to me ' personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. 1N TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written. C ppµ0 MARY C. STEMPER, Notary Public, Ramsey County, MN My Commission Expires November 1, 1990 CERTIFICATION I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 18TH day of JANUARY 19 90 Secretary't Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon ° copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 8-88 Printed in U.S.A. ii I, S. Ueland, do hereby certify that I am the duly elected and qualified Secretary of Honeywell Inc., a corporation organized and existing under and by virtue of the laws of the State of Delaware, and that the following is a true and correct copy of a resolution duly adopted pursuant to authority granted at a meeting of the Board of Directors thereof, convened and held in accordance with the law and the by-laws of said corporation, at the offices of the Company, Honeywell Plaza, Minneapolis, Minnesota, on the 17th day of February, 1987, and that such resolution is now in full force and effect: VII. Insurance RESOLVED, That the Director of Corporate Insurance and Risk Management is authorized to execute on behalf of the Company any instrument relating to, issued or required in connection with, (1) insurance contracts and endorsements, (2) surety bonds in which the Company acts as principal, (3) documents filed with the U.S. Department of Labor under the Employee Retirement Income Security Act of 1974, (4) State Workers Compensation reports, including commitments to pay all legal liabilities under state laws authorizing self-insurance by the Company, (5) releases for recovery for damages sustained by the Company, and (6) guarantees of financial responsibility for physical damage to automobiles covered under the Company's insurance program. IN WITNESS WHEREOF, I have affixed my name as Secretary and have caused the corporate seal of this corporation to be hereunto affixed this 18 day of January, 1990. Secretary PERFORMANCE BOND -16- (This page left blank intentionally) C, G ST. PAUL FIRE AND MARINE Anus INSURANCE COMPANY Property&Liabdlty St. Paul, Minnesota Insurance A Capital Stock Company PERFORMANCE BOND Approved by The American Institute of Architects Bond No. 40alAS777 A.I.A. Document No. A-311 Feb., 1970 Edition KNOW ALL MEN BY THESE PRESENTS, That, HONEYWELL INC. (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Contractor, and, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety, hereinaf- ter called Surety, are held and firmly bound unto CITY OF LUBBOCK 1625 — 13TH STREET, LUBBOCK, TX 79401 (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of ONE THOUSAND NINE HUNDRED THIRTY THREE AND NO/100—Dollars ($1, 933.00 ), t., for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated JANUARY 11 19 90 entered into a contract with Owner for REPLACING HVAC CONTROL SYSTEM, MUNICIPAL SQUARE in accordance with drawings and specifications prepared by (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time contract or contracts of completion arranged under this para- made by the Owner. graph) sufficient funds to pay the cost of completion less the r.. Whenever Contractor shall be, and declared by Owner to be in balance of the contract price; but not exceeding, including other default under the Contract, the Owner having performed Owner's costs and damages for which the Surety may be liable hereunder, obligations thereunder, the Surety may promptly remedy the default, the amount set forth in the first paragraph hereof. The term or shall promptly "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under 1) Complete the Contract in accordance with its terms and condi- the Contract and any amendments thereto, less the amount tions, or properly paid by Owner to Contractor, 2) Obtain a bid or bids for completing the Contract in accordance Any suit under this bond must be instituted before the expiration with its terms and conditions, and upon determination by Surety of two (2) years from the date on which final payment under the of the lowest responsible bidder, or, if the Owner elects, upon contract falls due. ®' determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder No right of action shall accrue on this bond to or for the use of and Owner, and make available as Work progresses (even though any person or corporation other than the Owner named herein or there should be a default or a succession of defaults under the the heirs, executors, administrators or successors of Owner. Signed and sealed this 18TH day of JANUARY A.D. 19 90 . In the presence of: i Witness (; or _ � l , LICENSEDprinted with permission of the American Institute of Architects 11761 Rev. 2-85 Printed in U.S.A. Attorney-in-factMEREDITH F. SHIAN BOND CHECK BEST RATING LICENSED IN TEXAS DATE - a -1 d 6Y CERTIFICATE OF INSURANCE -19- (This page left blank intentionally) ISSUE DATE (MM/DD/YY) 1 26 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ALEXANDER & ALEXANDER OF MN INC. COMPANIES AFFORDING COVERAGE Wirth Park Center COMPANY ANY A PO Box 1360 Minneapolis, MN 55440 THE HARTFORn TNSURANCE GROUP LETTEROMNY B INSURED COMPANY C HONEYWELL INC. Honeywell Plaza - - LETTER LO�MTPAANY Minneapolis, MN 55408 D E• LLEOTMTERNY THIS IS TO CERTIFY THAT 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 CONDI- TIONS OF SUCH POLICIES. L IR TYPE OF INSURANCE POLICY NUMBER DATES � aTE(�w� ALL LIMITS IN THOUSANDS GENERAL LIABILITY * 41CSMD56900E 7-1-89 7-1-92 GENEAALAGGREGATE C°N1''EROX G°VA LIABILITY General Liability PRODUCTS .0MP/DPS AGGREGATE 10,000 CU"WAM ❑OxLF � * 41JSMD56901E 7-1-89 7-1-92 PERSONAL AADVERTBIW3IW RY 1 000 OMOS&CORMAGTORSPROTWINE Products & Completed EACHOCLIIRADO 1,000 FIRE DAAUGE(ANYONE FIRE) $ Operations MEDICAL EAPENSE (ANY ONE PE" AUTOMOBILE LIABILITY AN1A1i0 41CSED56902E (A/0) 7-1-89 7-1-92 CS.'' $ 1,000 &LOWNS `0S 41CSED56903E (NJ) 7-1-89 7-1-92 BODILY +' 'U0S 41CSED56904E (TX) 7-1-89 7-1-92 INJURY (PQ+PERsa+l $ ' ICY DA11i0S 41MCPD56905E (MA) 7-1-89 - 7-1-90 M PROPERTY GARAGE UA&LITY DALUGE + s EXCESS LIABILITY EACH OCCURRENCE AGGREGATE OTHER THAN uuwaLA FORM WORKERS' COMPENSATION STATUTORY 1 500 (EAcNACGoDm 41WBRP21680E 7-1-89 7-1-90 AND 41WBRP21681E (ISSC) 7-1-89 7-1-90 $ 50 MISEASE-PaucYUMM EMPLOYERS'LIABILITY 41WBRP21682E icotro } 7-1-89 7-1-90 0 io�sEASE�Aa+E►IPLOYEE� OTHER *Claims to be servicedby The Hartford Ins rance Group subject to a $250,000 SIR. DESCRIPTION OF OPERATIONS/LOCATIONSJVEHICLES/RESTRICTIONS/SPECIAL ITEMS All projects in West Texas, New Mexico, Eastern Arizona, Southern Colorado and the - Oklahoma Panhandle. • r • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX - City Of Lubbock PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Purchasing Rm LO4 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE BOX 2000 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Lubbock, TX 79457 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED=E- ATTN: Ron Shuffield CONTRACT -21- (This page left blank intentionally) CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 11th day of January, 1990, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Honeywell 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 CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol- Lows: BID # 10478 - MUNICIPAL SOUARE H.V.A.C. CONTROL SYSTEM REPLACEMENT FOR THE AMOUNT OF $41,993.000 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, Labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ST: Se retary APP VED AS TO C TENT: APPROVED AS TO FORM: q v� ATTEST: Secretary CITY OF LUBBOCK, TEXAS (OWNER) l MAYOR Honeywell Inc. ' CONTRACTOR TITLE�Gt�l COMPLETE ADDRESS: 1622 Sixth St. Lubbock, Texas 79401 -22- r. GENERAL CONDITIONS OF THE AGREEMENT -23- (This page left blank intentionally) GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-_ tract, it shall be understood as referring to the City of Lubbock, Texas. „., 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: Honeywell Inc. , .� who has agreed to perform the work embraced in this contract, or to his 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 JERRY SMITH, DIRECTOR OF BUILDING SERVICES, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect construc- tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in ® behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 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. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na- ture, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work- 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no re- sponsibility 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. -24- 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract docu- ments. 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 docu- ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly Locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract docu- ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract docu- ments, but he wiLL not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. on the basis of his on -site observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. -25- 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence- ment of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's .� Representative to comply with this requirement, but such suspension will be as brief as practical and Con- tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre- sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa- tive at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc- tion of the owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Con- tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate r engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. -26- 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Con- tractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate- rials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any, man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or men shall be discharged from the work and shall not again be employed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that owner shall fur- nish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. -27- 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain .— the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am- ple notice as to the time each part .of the work will be ready for such observation. Owner or Owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by owner or owner's Repre- sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa- tive to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, �. testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un- suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re- build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur- ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. �•. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in- crease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In -28- case the Owner shall make such changes or alterations as shall make useless any work already done or mate- rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material or Labor so used, and for any actual Loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa- tive when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com- menced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this para- graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, OLd Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat- ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America:4 —Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com- pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre- sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in- sists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi- tration as herein below provided. -29- 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any re- quest for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci- fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable �-` precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem- nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sus- tained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of -said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcon- tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or emptoyees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro- gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. -30- 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au- thorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion &Collapse Hazard Underground Damage Hazard Products &Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non - owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. . Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten- tial loss) naming the City of Lubbock as insured. -31- E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of ($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen- sive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any Sub- contractor on the job with Employers Liability of at least $100,000 limit. G. Proof of Coverage Before work.on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the - date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named in- ,,sured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) con- tained in the job specifications. No substitute of nor amendment thereto will be accept- able. 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness -32- shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten- tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the owner harmless from any loss 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 speci- fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save owner harm- less from any loss on account thereof. If the material or process specified or required by owner is an in- fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 31. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in- sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 32. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con- sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $50.00 (FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the -33- breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com- pletion of the work described herein is reasonable time for the completion of the same, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this local- ity. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica- bility and extreme difficulty in fixing and ascertaining actual damages the owner would in such event sus- tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in .., accordance with this contact, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the sev- eral parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions o+-paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, -- except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex- tension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re- ceipt of a written request for an extension of time by the Contractor supported by all requested docu- mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. ,.. 36. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in- cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge -34- shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals of- fered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be Liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor regaired for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 40. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de- fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con- tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. -35- 41. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an appLica- tion for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par- tial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound ma- terials delivered on site of the work that are to be fabricated into the work. The Cramer shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per- centage due Contractor. 42. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 43. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be- fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this con- tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi- tions (if any) of this contract or required in the specifications made a part of this contract. �- 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative ` on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the -36- date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de- fects with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 47. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de- cision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar- biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. -37- The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the '— appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar- biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ- ing and shall not be open to objection on account of the form of proceedings or award. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or- ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup- plies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been com- pleted by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been com- pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess -- to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa- per having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be �. issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. Qu1:11 In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sun derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin- ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorpo- rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con- tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu- tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the state of Texas. And it is fur- ther agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special con- ditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. -39- 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the ,... work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au- thority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob- serve Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus «. materials and shall leave the work room clean or its equivalent. The work shall be left in good'order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. r� -40- (This page left blank intentionally) I-. r-. CURRENT WAGE DETERMINATIONS -41- (This page left blank intentionally) Resolution2502 January 8, 1987 Agenda Item #18 DGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Arc. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order ,._ to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents �- and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken _. on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. B.C. McMINN, MAYOR �. ATTE Ranette.Boyd, City Secretary APPROVED TO ONTENT: APPROVED AS TO FORM: Bi 1 P yne, Director of Building Donald G. Vandiver, First Services Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper _ Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter _. Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified Hourlv Rate $11.60 8.35 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 ___-- -- ..._.._..._ _ 8.75 :.9.25 6.00 7.65 4.75 8.75 5.50 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman $5.25 Asphalt Shoveler 4.75 Concrete Finisher 7.35 Concrete Finisher -Helper 4.75 Electrician 10.50 Flagger 4.75 Form Setter 6.50 Form Setter -Helper 5.50 Laborer, General 4.75 Laborer, Utility 5.80 Mechanic 6.50 Mechanic -Helper -' 6.00 POWER EQUIPMENT OPERATORS Asphalt Paving Machine - 6.00 Bulldozer 5.25 Concrete Paving Machinist 6.50 Front End Loader 5.85 Heavy Equipment Operator 6.40 Light Equipment Operator 6.40 Motor Grade Operator 8.00 Roller 5.25 Scraper 5.25 Tractor 5.50 Truck Driver - Light 5.25 Heavy 5.25 P_ EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS -42- (This page left blank intentionally) SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1. GENERAL: 1.1 Drawings and General Provisions of the Contract, including General and Supplementary Conditions and Division 1, apply to then work of this Section. 1.2 The site of the project is located at the City of lubbock, Municipal Square facility, located at 916 Texas Ave, Lubbock, Texas. _ 1.3 Before submitting a bid for this work, each Bidder is responsible for having examined the site and is aware of existing conditions under which he will operate and could in any manner affect the work under this Contract. No allowance will be made subsequently in this ~" connection to Contractor for error or negligence on his part, or slight discrepancies in Drawings. 1.4 Discrepancies between conditions at the site and requirements of the Contract Documents shall be reported to the Architect, in writing, before any bids are opened. Architect will issue necessary instructions to Bidders. 2. BRIEF DESCRIPTION OF THE WORK: 2.1 Remove and replace all existing all existing pneumatic thermostats. 2.2 Provide new pneumatic tubing for use as facilities new "main" control air line. 2.4 Purge the entire pneumatic system and seal all existing leaks. 2.5 Test all pneumatic operators (on dampers, valves, etc.) as well as all other control components in each mechanical room. Submit report describing results of tests. Repair/replace defective units as directed by Owner. NOTE: The objective of these tests is to identify and repair any existing, unknown deficiencies in the existing control systems. Therefore, Contractor shall at the end of this project include all components so inspected/repaired. in the project warranty. See Section 15900 for additional information as to repairing warranting existing components. 01010-1 2.6 Install new surface -mounted conduit where necessary to enclose new tubing. 2.7 Patch and repair existing plaster where damaged/cut during installation of tubing. 2.8 Repair wall -finishes where damaged during installation of tubing. END OF SECTION 01010 01010-2 SECTION 01040 COORDINATION PART 1 - GENERAL 1. CONSTRUCTION TIME: 1.1 The use of insufficient labor or equipment for construction purposes or inadequate scheduling of materials or equipment to be installed will not be allowed as cause for delay. Schedule labor, materials, and equipment to site in quantities required for °- uninterrupted progress of work and least obstruction of the premise. Extension of time or extra cost will not be allowed for failure to order on time and in sufficient quantities. 2. MECHANICAL AND ELECTRICAL WORK: 2.1 The "General Requirements for Mechanical and Electrical Work", SECTION 15000 are to be considered as a part of DIVISION 1 to the same extent as if written out in full and included herein; and insofar as their requirements are applicable to other sections of the specifications, such requirements shall be in effect. The Contractor's attention is particularly directed to these sections to insure that proper coordination of work may be achieved. 3. CUTTING PATCHING AND INSTALLATION OF SLEEVES• 3.1 Each Contractor and SubContractor requiring cutting and patching in the execution of his work shall leave all chases, holes oropening straight, true and of proper size as may be necessary for the proper installation of his own or other Contractor's or SubContractor's work, A- consulting with the superintendent and Contractor's or SubContractors concerned regarding proper location and size. 3.2 No excessive cutting will be permitted nor shall any piers or other structural members be cut without written of the architect/Engineer. After such work has been installed, the Contractor shall carefully fit around, close up, repair, patch and point up to the satisfaction of the Owner's Representatives. 3.3 All this work shall be done with proper tools and by careful -- workmen of the particular trade to which such work belongs, and shall be done without extra charge to Owner. Each Contractor and SubContractor will be required to build into his own work, as directed any and all items furnished by others. Cutting and repairing of new work, in place, made necessary by negligence of another Contractor or SubContractor or anyone employed by him, shall be paid for by the party who is at fault but each Contractor or SubContractor shall 01040-1 cooperate with all other contractors or subcontractors so that all necessary preparations are made in each branch of the work, as required for all other branches, so far as possible. 3.4 The work of each Specifications section includes all cutting, patching and digging for work in that trade section, unless otherwise specified, as required for proper accommodations of work of other trades. Execute such work with competent workmen skilled in trade required for restoration. Each SubContractor shall arrange and pay for cutting and patching required for installation of his work. 3.5 The Contractor shall provide sleeves for all service lines covered in his Contract which pass through walls, roof and floors. 4. SITE COORDINATION: 4.1 The work under this Contract will be performed while other portions of the building are being used for other activities. The Contractor shall confine his operations to the portions of the site assigned to him by Owner and shall exercise diligence to prevent interference with the activities in progress in other areas of the site. 5. SUPERINTENDENT: 5.1 The Contractor shall provide a competent Superintendent who is to be on the job any time work is being performed by any trade, from the beginning of work until Final Acceptance. Superintendent shall have the authority to act for the Contractor and shall coordinate the activities of the various trades, subcontractors, etc. involved to complete the Project in accord with the Contract Documents. Project Superintendent shall not be replaced without Owner acceptance of such change. 6. FINISHED WORK: 6.1 Cover and protect finished floors, steps, treads, walls, existing equipment, etc. against damage by workmen or equipment. 6.2 Note: The Contractor must inspect the facility as necessary to locate any existing damage. Contractor must list IN WRITING any existing damage and shall have list reviewed and initialed by the Architect/Engineer prior to beginning any work. The Owner is not aware of any damage at this time, therefore, if at the time of final inspection any unreported damage is discovered, it will be attributed to construction activities and the cost to repair the damage will be deducted from the Contractors final payment. 7. CLEANING: 01040-2 7.1 Contractor shall be responsible for leaving all finished surfaces clean, polished where applicable and left in perfect condition. Broom clean all areas and remove rubbish from premises to completion of each phase of work. Lot, sidewalks, and streets are to be kept free of rubbish and dirt. Contractor shall provide suitable refuse cans for use of the workmen. -01 END OF SECTION 01040 01040-3 01060-1 SECTION 01060 REGULATORY REQUIREMENTS PART 1 - GENERAL 1. COMPLIANCE WITH ORDINANCES AND PUBLIC SAFETY: 1.1 Contractor shall secure and pay for all necessary permits and comply with all ordinances and regulations pertaining to the work. Provide and maintain temporary walkways, fences, and other structures required by Federal and State Regulations and Local Ordinances and in a manner that will not interfere with traffic and public streets. Leave access to fire hydrants and protect public and adjacent property at all times. Post proper signs at all truck entrances and comply with all other safety precautions including applicable provisions of the National Occupational Health and Safety Act (NOSHA) 1970. Contractor will be held liable for damage to property or persons. 2. TAX EXEMPT CERTIFICATE: 2.1 The materials on this Project are Tax Exempt. Contractor will be issued a Tax Exempt Certificate in accordance with Ruling 9 listed below: "Ruling 9 as promulgated by the Comptroller of Public Accounts effective April 3, 1963, outlines the procedure a contractor is to follow in regard to his contracts when performing such contracts for exempt organizations, institutions or agencies." END OF SECTION 01060 01060-1 GO SECTION 01100 SPECIAL PROJECT PROCEDURES 1. COMPLETION DATE: 1.1 It is the responsibility of the Contractor to meet the date specified on the Bid Form. Failure to meet the scheduled date shall activate the Liquidated Damages provisions of the Agreement, and such damages shall continue until substantial completion of the Project is achieved. 2. DISRUPTION OF OWNER'S ACTIVITIES: 2.1 Contractor shall confine his activities to the assigned areas and shall avoid disrupting any activities within the building. Coordinate with Architect/Engineer and Owner prior to disturbing/cutting-off any utility service or cutting any existing finish. 2.2 Contractor and SubContractor shall refrain from associating with building occupants or City personnel during the course of this Project. Individuals which do not comply with restriction will be .— removed from the Project and will not be allowed to return. 3. TRAFFIC CONGESTION: 3.1 The Contractor is alerted to heavy vehicular and pedestrian traffic congestion in the vicinity of the project during certain times of the day. Delays and costs associated with this congestion shall be included in the Contractor's Base Bid. 3.2 Contractor must take every precaution to protect individuals in �., the vicinity of the Project. 4. HAZARDOUS MATERIALS: 4.1 Hazardous materials of any classification will not be acceptable for use during construction nor incorporation into the Project work. It is the responsibility of the Contractor to insure that hazardous materials are not brought on to the construction site or incorporated into the work. 4.2 The Owner is not aware of existing hazardous materials on the job site. If, during the execution of the work on this Project, the Contractor discovers any hazardous materials, he shall immediately report same to Owner and cease operations in the immediate area of discovery. This is not intended to affect all other construction operations not within the area of exposure. 01100-1 4.3 Should existing hazardous materials be discovered on existing facilities, the Owner will make arrangements for and pay all costs associated with the removal, treatment, and/or disposal of such materials prior to continued construction operations in the affected area or area. 5. SITE AVAILABILITY: 5.1 Contractor shall confine his activities to the area of this project. Parking for all construction personnel will be limited to the area designated at the Pre -Construction Meeting. 5.2 The construction site will be available for construction operations on or about 15 December 1989. The exact time to be established at the Preconstruction Conference. 6. INTERRUPTION OF FACILITY NVAC CONTROL 6.1 General: The following comments and schedule of work are intended to show the importance of scheduling and sequencing to this project. The list of work to perform is general in nature and any other work item referred to in these documents shall be accomplished at the proper time to avoid disruption of the building occupants and the building activities. 6.2 This facility houses numerous organizations critical to the operation of the City. Interruption of their temperature control for any extended period of time will NOT be permitted. 6.3 Contractor shall plan to route new compressed air main throughout the building, installing branch takeoffs as necessary for eventual connection to branch lines. Only after this main line is installed and tested will connection of individual thermostats be permitted. 6.4 At the same time the main is being routed, the existing cont-rols associated with each air handler shall be tested. Submit report indicating which components are defective and what is the recommended the corrective action. Owner shall review report and decide whether to repair/replace/ignore the items listed in the report. See paragraph below on "Special Warranty Considerations" for information of work related to existing components. 6.5 Once "main" line is installed and tested, Contractor shall install each new branch line, connect these branches to the new main and test same. Throughout this process, Contractor shall ensure that disruption of existing controls will not be tolerated. 6.6 At the completion of the above work, the Contractor shall begin to install the new thermostats and connect them to each air handler's control system. Note that this portion of the work must be 01100-2 -- accomplished over weekend or otherwise non -occupied periods so that the work will not disrupt the building activities. 6.7 Perform all repairs to finishes, surfaces, etc. at the completion of the component installation. 6.8 Demonstrate complete system operation. 7. SPECIAL WARRANTY CONSIDERATIONS 7.1 Contractor shall provide a twelve month warranty on all the work of this project. ALL control components associated with any air handling unit (including those existing -to -remain components not - identified as malfunctioning) SHALL be included in this warranty. 7.1.1 In the event any malfuctioning components are discovered and Owner decides to repair or replace, then these repair/replaced components WILL be included in the warranteed work. 7.1.2 In the event the Owner decides to NOT repair/replace any malfunctioning component, then only that component which is malfunctioning will NOT be included in the warranty. END OF SECTION 01100 01100-3 SECTION 01200 PROJECT MEETINGS 1. PRE -CONSTRUCTION MEETING: 1.1 Before any construction work is started, Contractor shall meet with the Owner's representative and Architect/Engineer to discuss methods and procedures to be followed during the construction period. 2. PROGRESS MEETINGS: 2.1 Contractors and SubContractors shall meet at the building site or at some other designated meeting place at such interval as necessary to maintain an optimum degree of communication for the progress of the work. END OF SECTION 01200 01200-1 SECTION 01300 SUBMITTALS 1. GENERAL: 1.1 All submittals shall be made directly to the Architect/Engineer by the Contractor. Adequate time 'shall be allowed in the submission -� schedule for transmittal time; in special circumstances, special handling procedures may be used. Exact number of copies of various submittals, etc., will be established at the Pre -Construction Conference between the Owner, the Architect/Engineer and the Contractor. 1.2 Field Measurements: Before ordering any material or doing any work, the Contractor shall verify all measurements on the project and shall be responsible for same. No extra charge or compensation will be allowed due to differences between actual dimensions and the measurements indicated on the Drawings; any difference which may be found shall be submitted to the Architect/Engineer for consideration before proceeding with the work. 1.3 Contractor shall review, stamp with his approval, sign, and submit, with reasonable promptness all shop drawings, samples, and submittal data required by Contract Documents or subsequently by Architect/Engineer as covered by modifications. By approving and submitting shop drawings, samples, and submittal data, Contractor thereby represents that each submitted item meets all Contract �., requirements. Submittals without stamps and signatures indicating the above will be returned without action by the Architect/Engineer. > 2. REQUIRED SUBMITTALS: 2.1 The Bidder shall, within one week after notification of --the Owner's intent to proceed with award of the Contract, submit in duplicate: Two copies of the Performance and Payment Bonds. The Schedule of Values, on AIA Document G702 or acceptable format in accordance with the requirements of the General Conditions.] The list of major subcontractors on AIA Document G805. Certificate of Insurance, AIA Document G705, in accordance with the -, requirements of the General Conditions. 2.2 The Bidder shall, within two weeks after notice to proceed, shall submit: 01300-1 Two copies of Progress Schedule, indicating the date of the beginning and the completion of each major operation and the estimated dollar value of each operation to be completed. 2.3 The Bidder shall submit the required shop drawings and samples at appropriate times in the construction period. Allow sufficient time for submittal review prior to mandatory order date. 3. SCHEDULE OF VALUES: 3.1 A schedule of dollar values shall be submitted to the Architect/Engineer and Owner. This breakdown shall follow the trade divisions and sections of the Specifications and each item thereunder shall include its pro-rata part of overhead and profit so that the sum of the items will equal the contract price. The breakdown will correspond exactly to the items of work in the progress schedule, including the work of any subcontractors. Each item shall be assigned both labor and material values, the sub -total thereof equaling the value of the work in place when completed.> 4. MANUFACTURER'S DATA: 4.1 All shop drawings, samples, etc. shall be grouped together into three separate booklets. Provide booklets containing information from the following specification sections: Architectural Booklet: Specification section 02000 through section 14000. Mechanical Booklet: Specification section 15000 through 15910. Electrical Booklet: Specification section 16100 through 16510 4.2 Each booklet shall consist of a three -hole pressboard cover (Smead No. BR129 or equal) with Acco fasteners and compressors. 4.3 Booklets shall be labeled on the outside as "Architectural", "Mechanical" or "Electrical". 4.4 Provide tabbed dividers for each specification section for which information is required. For example, provide dividers with "15250", "15661", etc. tabs. 4.5 The first page in each divider shall be the Contractor's Submittal Certificate. 4.6 Submit a minimum of five sets of each booklet. 5. SHOP DRAWINGS AND SAMPLES: 01300-2 �- 5.1 Submit shop drawings and samples"with transmittal letter. List any deviation from the requirements of the Contract Documents. A, 5.2 The following supplements the General Condition requirements: 5.3 Before submitting shop drawings, make certain that work contiguous with and having bearing on the work indicated on shop drawings is accurately and distinctly illustrated and that the work complies with the Contract Documents. 5.4 Shop drawing approval will be general. Such approval will not relieve the Contractor of the responsibility for proper fitting, for construction of work, or for furnishing of materials or work required by Contract and not indicated on shop drawings. 5.5 The approval of shop drawings by the Architect/Engineer shall not be construed as a complete check, but will indicate only that the general methods of construction and detailing is satisfactory. Approval of such drawings will not relieve the Contractor of his responsibility for any error which may exist as the Contractor shall .� be responsible for the dimensions and design of adequate connections, details, and the satisfactory construction of the work. 6. SUBSTITUTIONS AND PRODUCT OPTIONS: 6.1 It is not the intent of Drawings and/or Specifications to limit products to any particular manufacturer nor to discriminate against an "approved equal product made by another manufacturer. Proprietary products are mentioned to set a definite standard for acceptance and to serve as a reference in comparison with other products. When a manufacturer's name appears in these Specifications or on the Drawings, it is not to be construed that the manufacturer does not have to meet the full requirements of the Specifications or that his standard cataloged item will be acceptable. END OF SECTION 01300 01300-3 SECTION 01500 CONSTRUCTION FACILITIES 1. GENERAL: 1.1 Nothing in this Section is intended to limit types and amounts of temporary work required, and no omission from this Section will be recognized as an indication by Architect that such temporary activity is not required for the successful completion of the work. 2. USE OF EXISTING FACILITIES: 2.1 The Owner extends to the The Contractor the privilege of using the existing electrical, water, heat, and toilet facilities during the course of the Project. The Contractor shall NOT utilize any of the Owner's phone equipment. 2.2 Electrical: Connect to existing power distribution at receptacles and distribute using extension cords. 2.3 Toilet: Contractor shall utilize the existing first floor toilets at the east end of the Auditorium. 2.4 Water: Contractor shall utilize existing water outlets. Ensure no possibility of backfeed into Owner's water system. 2.5 The Owner reserves the right to refuse the Contractor the right to use any or all of the existing utilities mentioned above. The Owner expressly states that this right to refuse use may be exercised for any reason, and that the Owner shall in no way bear any responsibility to explain the refusal. 2.6 In the event the use of'the existing utilities are refused or recinded, the Contractor shall immediately submit to the Architect/Engineer the proposed plan for supplying the necessary services. 3. TEMPORARY FIRE PROTECTION: 3.1 Contractor shall make all provisions for and pay all costs associated with fire protection on this project. 3.2 Fire Extinguishers: Provide types, sizes, numbers and locations as would be reasonably effective in extinguishing fires during early stages, by personnel at the project site. Provide type A extinguishers at locations of low -potential for either electrical or grease -oil - flammable liquid fires; provide type ABC dry chemical extinguishers at other locations; comply with recommendations of NFPA No. 10. Post 01500-1 warning and quick instructions at each extinguisher location, and instruct personnel at project site, at time of their first arrival, on proper use of extinguishers and other available facilities at project site. 4. TEMPORARY FIELD OFFICES AND SCAFFOLDING: 4.1 No storage shall be permitted for this project. 5. SIGNS: 5.1 No signs or advertisements will be allowed to be displayed without the approval of the Owner. 5.2 A project sign is not required by the Owner. 6. ACCESS TO SITE AND PROTECTIONS: 6.1 Areas of the project site which may be used by the Contractor shall be identified at the pre -construction meeting. The Contractor shall confine all activities to these areas and in no way obstruct other parts of the campus. The project site is located in an area where public parking is scarce or non-existent. Parking adjacent the work area which the Contractor may use will be identified at the pre - construction meeting. The Contractor may park vehicles and equipment used in the course of the project within these identified parking areas, but this area shall NOT be used as general parking for Contractor's or SubContractor's employees. Employees may use whatever parking is available at the time of arrival. 6.2 Note: The Owner reserves the right to instruct the Contractor to remove all work or non -work vehicles from the property. 6.3 Each Contractor shall properly and effectively protect all materials and equipment furnished by him during and after there installation. �- 7. CLEANING: 7.1 It shall be the responsibility of the Contractor to see that the debris and trash resulting from building operations are removed from the area and property from time to time as the job progresses. All scrap from lumber, crating, paper and similar types of trash are to be removed from the building site. Trash is not to be allowed to accumulate for periods of longer than one day; in other words, there must be thorough clean up of the surroundings every evening at the end of the work day. 7.2 Make legal disposal of trash and debris. Nothing may be burned on site as a method of disposal. 01500-2 7.3 In the event that the Owner or its representative is fined for the illegal discharge of waste materials, the Owner shall withhold from the final payment to the Contractor an amount equal to treble the total of the fines assessed, if the Owner believes that the illegal discharge(s) was due to an action or lack of action by the Contractor. END OF SECTION 01500 01500-3 SECTION 01600 " MATERIAL AND EQUIPMENT 1. GENERAL: 1.1 Materials and Workmanship: Unless otherwise specified, all materials shall be new, of the best grade and kind specified. Workmanship shall be of the best recognized standards known to the various trades. 1.2 Transportation and Handling: Methods of crating, transportation, and handling of materials and equipment, on or off the site, shall be such as to assure their ultimate installation is undamaged and in perfect working condition. 1.3 Storage and Protection: Protect work, materials, equipment and building openings from weather at all times. Provide absolute watertight protection. 1.4 Substitutions: Contractor's request for substitution will be received and considered when extensive revisions to Contract Documents are not required and proposed substitution is in keeping with general intent of the Contract Documents; when timely, fully documented and submitted; and when o or more of the following conditions is satisfied, all as judged by the Architect/Engineer. Otherwise request will be returned without action except to record non-compliance with these requirements: 1.4.1 Where request is directly related to an "or equal" clause or other language of same effect in Contract Documents. 1.4.2 Where required product, material or method cannot be provided within Contract Time, if not as a result of Contractor's failures to pursue the work promptly or to coordinate the various activities properly. END OF SECTION 01600 01600-1 SECTION 01700 PROJECT CLOSEOUT 1. COMPLETION OF CONTRACT: 1.1 The Contract will be considered fulfilled with the exception of any maintenance stipulations, bond, or by law, when all work is complete, final inspection has been made, final acceptance and final payment by the Owner. 2. USE BEFORE COMPLETION: 2.1 Sections or portions of the work considered by the Owner to be in suitable condition may be put to use. Usage of any portion of the work will not be considered as acceptance of the Work by Owner. Contractor shall repair or remove any portion of the work that is defective due to materials or workmanship at his expense. 3. SUBSTANTIAL COMPLETION: 3.1 Contractor shall notify Architect/Engineer at least one week in advance of requested inspection date. Before requesting Architect/Engineer's inspection for certification of Substantial Completion for all or portions of the work, the Contractor shall accomplish the following: 3.1.1 Complete the start-up and testing of systems. 3.1.2 Complete the instruction of Owner's operating/maintenance personnel. 3.1.3 Discontinue and remove from site temporary facilities and services, construction tools, and similar elements. 3.1.4 Prepare (and submit with request for inspection) Progress Payment request showing 100% completion. 3.2 Inspection Procedures: Upon receipt of Contractor's request, Architect/Engineer will either proceed with inspection or advise Contractor of prerequisites not fulfilled. Following initial inspection by Owner, Architect/Engineer, and Contractor, Architect/Engineer will either prepare Certificate of Substantial Completion, or advise Contractor of Work which must be completed before certificate can be issued. Repeat inspections shall be conducted when requested to verify that work has been substantially completed. Results of completed inspection will form initial "Deficiency List" for Final Inspection. 01700-1 4. FINAL INSPECTION: 4.1 Before requesting Architect/Engineer's final inspection for certification of Final Acceptance and Payment, as required by General Conditions, Contractor shall complete the following and list any know exceptions in request: 4.1.1 Submit Final Payment Request with final releases and supporting documentation not previously submitted and accepted. Include certificates of Insurance for products and completed operations where required. 4.1.2 Submit updated final statement, accounting for any changes to Contract Amount. 4.1.3 Submit copy of Architect/Engineer's final deficiency list of itemized work to be completed or corrected, stating that each item has been completed or corrected for acceptance. 4.1.4 Submit warranties, workmanship/maintenance bonds, maintenance .- agreements, final certifications and other similar documents. 4.1.5 Submit record drawings, maintenance manuals, and similar final record information. 4.1.6 Revise and submit evidence of final, continuing insurance coverage complying with insurance requirements. 5 REINSPECTION PROCEDURE: 5.1 Upon receipt of Contractor's notice that work has been completed including "deficiency list" items resulting from earlier inspections, Architect/Engineer and representatives of the Owner and Contractor will reinspect the work. Upon completion of reinspection, Architect/Engineer will either prepare certificate of final acceptance or advise Contractor of work not completed as required for final acceptance. Also at this time, the Owner may elect to advise the Contractor, in writing, that conditional acceptance has been made. Conditional acceptance shall relieve the Contractor of responsibility for maintenance, security and insurance on the work. Contractor will still be responsible for performing all the work of the Contract including correction of all deficiencies noted at the time of conditional acceptance. The Owner shall be entitled to retain from the Contractor's payment an amount commensurate with the work remaining to be accomplished. 6. RECORD DRAWINGS: 6.1 As work progresses, Contractor shall keep a complete accurate record of all changes or deviations from Contract Documents, including Drawings and Specifications indicating the work as actually installed. 01700-2 All such changes shall be neatly and correctly shown on blackline prints of the Contract Drawings or in specifications with appropriate supplemental notes. Record Drawings will be kept at the job site. 6.2 Contractor shall transfer above data in ink to the complete set of bluelines at the completion of the work. Deliver same to Owner. All scaled drawings to be accurate to within 6" with critical features dimensioned. All site and profile utilities/services data to be accurately located on record drawings. 6.3 Contractor shall certify, by endorsement on each sheet that each of the revised drawings is complete and accurate. Before Contractor's application for final payment, and as condition of Owner's approval, Contractor shall deliver certified record mylar drawings to the Owner. 7. DATA, MANUALS, PARTS, LISTS, AND INSTRUCTIONS: 7.1 After approval of equipment and materials, and before final acceptance, Contractor shall submit to the Architect a minimum of two (2) sets of data, manuals, parts lists, and instructions necessary for operation and maintenance of such items. Each set of this data shall be collected into the following two volumes: Approved Submittals/Shop Drawings and Maintenance Manual. 7.2 Approved Submittals/Shop Drawings: Include all submittals and shop drawings as processed during the construction phase. 7.3 Maintenance Manual: Include manufacturer and vendor data, including: manufacturer's operating and maintenance manuals, operation instructions and parts lists. Technical adequacy of this data shall be subject to Architect/Engineer's approval. 7.4 Presentation of Data: Where possible data shall be presented on 8 1/2" x 11" sheets. Foldouts will normally be limited to 11"x17" sheets. Light sensitive production techniques are acceptable. 7.5 Spare parts lists shall be furnished and include repair parts recommended by the manufacturer to assure efficient operation for one year's normal operation following expiration of warranty period. 8. GUARANTEES BONDS AND AFFIDAVITS: 8.1 Deliver to Architect/Engineer, in duplicate: written guarantees, reports, certificates of inspections, and bonds, as required in the Contract Documents. 8.2 Deliver to Architect, Contractor's Affidavit of Release of Liens and Payments of Debts and Claims, including all SubContractors, vendors, labor, materials and services, executed by an authorized officer and duly notarized. 01700-3 �-- 8.3 Contractor shall and does warrant all work performed by him directly and for which guarantees are required in all sections of this Specification. 8.4 Contractor shall and does warrant and/or guarantee all work for a period of one year from date :of completion as evidenced by Final Acceptance of this work. This provision shall not be considered as conflicting with stated guarantees of longer periods. The guarantees imply and require that faulty materials, workmanship or errors be. promptly corrected by Contractor without cost to the Owner. 9. CLEANING ADJUSTING AND OPERATION• 9.1 Refer to General Conditions, Supplementary Conditions, Special Conditions and individual Sections of Specifications for cleaning requirements related to individual trades and cleanup during the course of construction. 9.2 The Project shall be left free of -debris, construction equipment, and surplus material, with all surfaces clean and ready for use by the Owner. 9.3 Contractor will be charged with the ultimate responsibility to see that buildings, grounds, all piping and equipment are thoroughly cleaned before final acceptance of the project. Final cleanup includes, but is not limited to the following: 9.3.1 Removal of all mortar, putty stains, labels and paint from all glass and mirrors; washing and polishing just before final inspection. 9.3.2 Removal of all marks, stains, hand marks and soil from all painted, decorated, stained and varnished surfaces. 9.3.3 Removal of all paint spots and soil from all exposed finish hardware. 9.3.4 Cleaning and polishing of all natural finished metal and plated �- metal, including metal railings, trim, grilles, cases, and cabinets. 9.3.5 Removal of all paint spots, soil and stain from exposed tile, floor tile and plastic surfaces; thoroughly clean and polish these surfaces. 9.3.6 Removal of all protective coverings from floors; washing floor surfaces thoroughly clean, sweeping, ducting and polishing floors. 9.3.7 Cleaning of all exposed surfaces of insulation coverings, plumbing, mechanical and electrical fixtures and associated equipment by removing duct, dirt labels, and paint spots. --01700-4 9.3.8 Lubrication of equipment as required; changing all air filters just before final inspection. 9.3.9 Removal of all dirt, surplus mortar and stain from pavements, sidewalks, curbs, gutters, manhole covers, ventilation openings, etc. 9.3.10 Removal of all discolorations from exposed unpainted zinc - coated steel or iron work. 9.3.11 Removal of all litter, trash, debris, temporary fences, barricades, temporary construction facilities, and waste from the site, leaving the site and premises in an orderly and clean condition. 9.4 The project shall be turned over to the Owner free of concealed garbage, trash and rodent infestation. If any of these are revealed, or odors from them occur, they shall be removed by the Contractor at his expense. 9.5 Test out, adjust, and balance all mechanical and electrical systems for correct operation. 9.6 Accumulate, list, record, and deliver to Owner all specified spare parts and maintenance materials. 9.7 Deliver any keys to Owner with Keying Schedule, each key clearly identified in relation to Schedule. 10. FINAL PAYMENT: 10.1 Submit final Application for Payment in accordance with the terms of the Agreement, indicating adjustment of accounts from original contract amount including: 10.1.1 Additions and deductions resulting from change orders. 10.1.2 Adjustments to cash allowances, if any, with full suppo.Fting data. 10.1.3 Deductions for uncorrected work and for liquidated damages, if any. 10.1.4 Submit Consent of Surety to Final Payment, AIA Document G707. END OF SECTION 01700 01700-5 SECTION 1CO CUTTING AND GENERAL DESCRIPTION OF REQUIREMENTS: Definition: "Cutting -and -patching" is hereby defined to include but is not necessarily limited to the cutting and patching of previously existing work, in order to accommodate the coordination of work, or the installation of other work, or to uncover other work for access or inspection, or for similar purposes; and is defined to exclude integral cutting -and -patching during the mfg. fabricating, erecting and installing process for individual units of work. Drilling the work to install fasteners and similar operations are excluded from the definition of cutting -and -patching. QUALITY ASSURANCE: Requirements for Structural Work: General: Do not cut -and -patch structural work in a manner resulting in a reduction of load -carrying capacity or load/deflection ratio. Prior to cutting -and -patching the following categories of work, obtain the Architect's/Engineer's approval to proceed with cutting -and -patching as proposed in the submittal by the Contractor: Structural steel. Miscellaneous structural metals, including lintels, equipment supports, stair systems and similar categories of work. Structural concrete. Foundation construction. Bearing and retaining walls. Structural decking. Pressurized piping, vessels and equipment. Operational and Safety Limitation: General: Do not cut -and -patch operational elements and safety -related components in a manner resulting in a reduction of capacities to perform in the manner intended or resulting in decreased operational life, increased maintenance, or decreased safety. CUTTING AND PATCHING 1C0-1 Prior to cutting -and -patching the following categories of the work, and similar categories where directed, obtain the Architect's/Engineer's app-roval to proceed with cutting -and - patching as proposed in the Submittal by the Contractor: Sheeting, shoring and cross -lot bracing. Primary operational systems and equipment. Water/moisture/vapor/air/smoke barriers, membranes and flashings. Noise and vibration control elements and systems. Control, communication, conveying, and electrical wiring systems. Special constructions, as specified by Division-13 sections. Visual Requirements: General: Do not cut -and -patch work which is exposed on the exterior or exposed in occupied spaces of the building, in a manner resulting in a reduction of visual qualities or resulting in substantial evidence of the cut -and -patch work, both as judged solely by the Architect. Removal and replace work judged by the Architect to be cut -and -patched in a visually unsatisfactory manner. Engage the original Installer/Fabricator to perform cutting -and - patching of the following categories of exposed work or, where original Installer/Fabricator is not available (e.g. for work of a prior time), engage recognized expert entities to perform the cut -and -patch work. Ornamental metal. Matched -veneer woodwork. Roofing. Stucco and ornamental plaster. Acoustical ceilings. Terrazzo. Carpeting. Wall covering. Ceramic tile. CUTTING AND PATCHING 1CO-2 SUBMITTALS: Proposals for Cutting -and -Patching: Where prior approval of cutting - and -patching is required, submit proposal well in advance of time work will be performed, and request approval to proceed. Include description of why cutting -and -patching cannot (reasonably) be avoided, how it will be performed, how structural elements (if any) will be reinforced, products to be used, firms and tradesmen to perform the work, approximate dates of` the work, and anticipated results in terms of variations from the work as originally completed (structural, operational, visual and other qualities of significance). Where applicable, include cost proposal, suggested alternatives to the cutting -and -patching procedure proposed, and a description of the circumstances which lead to the need for cutting -and -patching. Approval by Architect/Engineer to proceed with proposed cutting - and -patching does not waive right to later requir complete removal and replacement of work found to be cut -and -patched in an unsatisfactory manner. PRODUCTS MATERIALS: General: Except as otherwise indicated or approved by the Architect/Engineer, provide materials for cutting -and -patching which will result in equal -or -better work than the work being cut -and - patched, in terms of performance characteristics and including visual effect where applicable. Comply with the requirements, and use materials identical with the original materials where feasible and where recognized that satisfactory results can be produced thereby. EXECUTION PREPARATION: Temporary Support: Provide adequate temporary support for work to be cut, to prevent failure. Do not endanger other work. Protection: Provide adequate protection of other work during cutting - an -patc ing, to prevent damage; and provide protection of the work from adverse weather exposure. -- CUTTING AND PATCHING: General: Employ skilled tradesmen to perform cutting -and -patching. xcF ept as otherwise indicated or approved by the Architect/Engineer, proceed with cutting -and -patching at the earliest feasible time, in each instance, and perform the work promptly. CUTTING AND PATCHING 1CO-3 Cut work by methods least likely to damage work to be retained and work adjoining. Review proposed procedure with original Installer where possible, and comply with his recommendations. In general, where physical cutting action is required, cut work with sawing and grinding tools, not with hammering and chopping tools. Core drill openings through concrete work. Patch with seams which are durable and as invisible as possible. Comply with specified tolerances for the work. Where feasible, inspect and test patched areas to demonstrate integrity of work. Restore exposed finishes of patched areas; and, where necessary extend finish restoration onto retained work adjoining, in a manner which will eliminate evidence of patching. Where patch occurs in a smooth painted surface, extend final paint coat over the entire unbroken surface containing the patch, after patched area has received prime and base coats. END OF SECTION CUTTING AND PATCHING 1C-4 SECTION 7TO JOINT SEALERS MATERIALS, GENERAL: Colors: Mfr's standard highest -performance color; except "black" where exposed to view, unless another color is indicated or selected by the Architect. Compatibility: Provide materials selected for compatibility with each other and with substrates in each joint system; confirm with mfr. General Characteristics: Provide type, grade, class, hardness and similar c aracteristics of material as indicated or, where not indicated, to comply with mfr's recommendations relative to exposures, traffic, weather conditions and other factors of the joint system for best possible overall performance. Except as otherwise indicated, joint sealers are required to permanently maintain airtight and waterproof seals, without failures in joint movement accommodation, cohesion, adhesion (where applicable), migration, staining, and other performances as specified. Oil or Resin Based Caulking Compound: FS TT-C-598C, or ASTM C 570, non-s aining, non -bleeding, paintable. _. INSTALLATION: Clean joint surfaces and prime or seal as recommended by sealant mfr. Support sealant from back with construction as shown, or with joint filler or backer rod. Install sealants to size and shape shown or, if not shown, with "hour- glass" section profile. Install liquid sealants by proven methods which will ensure complete "wetting" of joint bond surfaces, without gaps or air pockets in beads slightly concave on surface and slightly below adjoining"3urfaces, except form slight cove with sealant at inverted corner beads. END OF SECTION JOINT SEALERS 7TO-1 SECTION 9TO PAINTING Submittals: In addition to mfr's data, application instructions, and label analysis for each coating material, submit samples for Architect's review of color and texture only. Resubmit samples if requested until required sheen, color and texture is achieved. On 12" x 12" hardboard, provide 2 samples of each color and material, with texture to simulate finish conditions. Description of Work: Painting of interior surfaces, unless otherwise indicated. Delivery and Storage: Deliver materials to job site in new, original, and unopened containers bearing mfr's name, trade name, and label analysis. Store where indicated in accordance with mfr's instructions. Protection: Protect work of other trades. Correct any painting related damages by cleaning, repairing or replacing, and refinishing, as directed by Architect. Coordination: Provide finish coats which are compatible with prime paints use Provide barrier coats over incompatible primers where required. Notify Architect in writing of anticipated problems using specified coatings with.substrates primed by others. Surface Preparation: Perform preparation and cleaning procedures in strict accordance with coating mfr's instructions for each substrate condition. Remove hardware and accessories, machined surfaces, plates, lighting fixtures and similar items in place and not to be finish - painted or provide surface -applied protection. Reinstall removed items and remove protective coverings at completion of the work. Material Preparation: Mix, prepare, and store painting and finishing materials in accordance with mfr's directions. Application: Apply painting and finishing materials in accordance with m r s directions. Use applicators, and techniques best suited for materials and surfaces to which applied. Apply additional coats when undercoats, stains or other conditions show through final paint coat, until paint film is of uniform finish, color and appearance. Paint surfaces behind movable equipment and furniture same as similar exposed surfaces. PAINTING 9TO-1 Apply prime coat to material which is required to be painted or finished, and which has not been prime coated by others. Apply each material at not less than the mfr's recommended spreading rate, to provide a total dry film to thickness of not less than 4.0 mils for entire coating system of prime and finish coats for 3-coat work. -- Completed Work: Match approved samples for color, texture and coverage.'Re—move, refinish or repaint work not in compliance with specified requirements. END OF SECTION PAINTING 9TO-2 SECTION 15900 PNEUMATIC TEMPERATURE CONTROL SYSTEMS PART 1 - GENERAL 1. DESCRIPTION OF WORK: 1.1 Provide new pneumatic "main" air line throughout building and remove existing wherever possible. 1.2 Replace all existing 1-pipe thermostats with new 2-pipe thermostats. 1.3 Inspect all existing air handling unit -related pneumatic operators/controls and report any malfunctioning units. Owner will decide after reviewing the report whether or not to replace/repair/ignore the malfunctioning units. 1.4 Submit Per -Unit prices for repair of each item listed below: Damper actuator Valve actuator Multi -point pressure selector PE switch (for pump start) 1.5 Where existing components are non -repairable, submit per -unit replacement cost. 2. QUALITY ASSURANCE: 2.1 Install new components so that they adhere to existing control schemes. 3. SUBMITTALS: 3.1 Product Data: Submit manufacturer's specifications for each control device and compressed air station furnished, including installation instructions and start-up instructions. Submit wiring diagram for each electrical control device. 3.2 Maintenance Data: Submit maintenance data and spare parts lists for each type of control device, and compressed air stations. Include this data in maintenance manual. 4. DELIVERY STORAGE AND HANDLING: 4.1 Provide factory shipping cartons for each piece of equipment and control device. Provide factory applied plastic end caps on each 15900-1 length of pipe and tube. Maintain cartons and end caps through shipping, storage and handling as required to prevent equipment and pipe -end damage, and to eliminate dirt and moisture from equipment and inside of pipe and tube. Store equipment and materials inside and protected from weather. PART 2 - PRODUCTS 5. MATERIALS AND EQUIPMENT: 5.1 General: Provide pneumatic temperature control products in sizes and of capacities indicated, conforming to manufacturer's standard materials and components as published in their product information; designed and constructed as recommended by manufacturer, and as required for application indicated. 5.2 Air Piping: Seamless hard -drawn copper tubing, Type K or L, ANSI/ASTM B 88; with cast -bronze solder joint fittings, ANSI B16.18; or wrought -copper solder -joint fittings, ANSI B16.22; except brass compression -type fittings at connections to equipment. 5.1.1 NO ROLLED COPPER TUBING WILL BE ACCEPTABLE AT ANY LOCATION WITHIN THE BUILDING. 5.2 Air Piping: Virgin polyethylene non-metallic tubing, ASTM D 2737, and with flame-retardant harness for multiple tubing. Use compression or push -on polyethylene fittings. 5.3 Pneumatic Operators (if required): Size pneumatic actuators to operate their appropriate dampers or valves with sufficient reserve power to provide smooth modulating action or 2-position action as necessary to match existing. When so specified in sequence of operation, where more than 2 actuators are to be operated in sequence to each other, provide position feedback positive positioners with adjustable startpoint and operating range. 5.3.1 Provide damper motors constructed with diaphragms easily replaceable without removal of damper motor from its mounting bracket. 5.4 Room Thermostats: Provide room thermostats of 2-pipe, non -bleed or "relay" type design, fully proportional with adjustable throttling range and tamper -proof locking settings. Provide single or dual temperature, direct acting or reverse acting thermostats as specified for sequence of operations. 5.4.1 Thermostat Construction: Manufacturer's standard covers and thermostats (whether visible or not). 5.4.2 Equip space thermostats with locking -covers with no visible temperature indication. _.15900-2 5.4.3 For checkout purposes, provide either for checking branch pressure (accessible by cover), or permanently mounted pressure gages supplied by thermostat branch signal. PART 3 - EXECUTION 6. INSPECT EXISTING -TO -REMAIN COMPONENTS: quick -connect test plug removal of thermostat at each control device 6.1 Inspect existing damper and valve -operators and all other pneumatic components within each mechanical room and submit schedule showing results for each piece of equipment, indicating whether that unit functions correctly or not. 6.1.1 This inspection shall be so complete as to allow the Contractor (once all repairs/replacements are complete) to accept full responsibility and warranty the operation of the complete building pneumatic control system (with the exception of those non-airhandler components within the basement boiler/equipment room). 6.1.2 In the event the Owner elects to not repair a specific item which the Contractor identifies as defective, then that specific item shall be excluded from the Contractor's warranty. 6.2 Upon request by the Owner/Engineer, Contractor shall demonstrate malfunction of each component. 6.3 Owner will review Contractor's report and shall designate what if any equipment shall be replaced or repaired. Note that any such replacement/repair will be accomplished at the per -unit rate included in the bid. INSPECT EXISTING SYSTEM THOROUGHLY PRIOR TO SUBMITTING BID TO DETERMINE THE EXTENT OF REPAIRS WHICH MIGHT BE NECESSARY. 7. EXISTING CONTROL DIAGRAM: 7.2 The original control diagrams (and supporting schedules) are reproduced and included at the end of this specification for the convenience of the Bidders. Inclusion in this specification in no way indicates that the controls have not be modified since these diagrams were prepared. Each Bidder shall inspect the site sufficiently to determine the accuracy of this diagram and shall make whatever adjustments in his bid as necessary. 7.2 The diagram indicates the proposed revision at the air handling unit so as to change from one -pipe to two -pipe operation. Each Bidder shall inspect the existing components to determine that this may be accomplished and shall adjust bid as necessary to include all associated costs. 15900-3 7. SEQUENCING: 7.1 See Section 01100 "Special Project Procedures" for sequence requirements. 7. INSTALLATION: 7.1 General: Install system and materials in accordance with manufacturer's instructions, roughing -in drawings and details on drawings. 7.2 Control Air Piping, General Requirements: 7.2.1 Provide new "main" air tubing throughout the building, starting at the air compressor and extending throughout the building and connecting to each thermostat. Make necessary modifications as necessary at air compressor to allow connection of new line without disconnecting.any existing component uneffected by this work. 7.2.2 Size new main line to handle the existing number of thermostats/operators plus additional capacity sufficient to handle 15 additional thermostats and associated damper operators, positioned at the most remote point of the main air line. 7.2.3 Main Piping, Above Suspended Ceilings: Provide polyethylene tubing, supported every 3'-0" by attaching to conduit, wall or ceiling. 7.2.4 Main Piping, Above Inaccessible Ceilings: Provide type K or L tubing, supported every 3'-0". 7.2.5 Branch and Main Piping In all Mechanical Rooms: provide copper tubing with maximum unsupported length of 3'-0". Terminal single -line connections less than 18" in length may be copper tubing, or polyethylene. 7.2.6 Branch and Main Piping Within surface -mounted raceways: Provide polyethylene tubing. 7.2.6 Branch and Main Piping Within Block -Plaster Walls, Primary Procedure: Wherever possible route poly tubing down inside the cells of the block wall. Enter the cell above the ceiling level, making the smallest hole possible. Patch this above -ceiling opening to match existing. Make opening in wall at thermostat level as small as possible and cover with thermostat cover -plate (maximum dimension = C xC ). Submit proposed coverplate for approval. 7.2.6 Branch and Main Piping Within Block -and -Plaster Walls, Alternative Procedure: Where unable to route the polytubing down in the block cell, route type K" or "L" tubing down in plaster. This will require cutting the existing plaster to permit installation of the new 15900-4 line, then patching as detailed/specified. CONTRACTOR SHALL COORDINATE EACH SUCH OCCURRENCE WITH OWNER/ENGINEER PRIOR TO ACCOMPLISHING. WHERE REQUESTED BY oWNER/ENGINEER, CONTRACTOR SHALL DEMONSTRATE THAT IN -CELL ROUTING NOT FEASIBLE IN EACH OCCURRENCE. 7.2.6 Branch and Main Piping Within Stub -and Gyp Walls: Where specified, route polyethylene tubing down between the studs/furring strips of this type wall material. Access to this stud -space shall be gained by opening a hole in the wall above the ceiling level. Patch this opening with similar materials to existing. 7.2.7 Pressure Test control air piping at 30 psi for 24 hours. Test fails if more than 5 psi loss occurs. 7.2.8 Number -code or color -code tubing, except local individual room control tubing, for future identification and servicing of control system. 7.3 Control Air Piping, Connection to Existing Equipment: 7.3.1 Refer to attached drawings showing original control scheme and also to drawings showing proposed control scheme. Inspect site to determine what, if any, modifications have been made from original installation and take this information into consideration while preparing bid. Make all modifications necessary to bring existing system up to indicated configuration. 7.3.2 Within Mechanical Rooms: Reuse existing tubing to the maximum extent possible (replacing where necessary so that entire pneumatic system passes pressure test). Route new main air tubing into each mechanical room and reconnect to existing just inside mechanical room. 7.3.3 Connections at Zone Dampers: Revise tubing at each zone damper operator by removing the connection between the "main" line and the operator -to -thermostat line. By doing this, this existing operator -to - thermostat tubing may be reused as the feedback line from the new 2- pipe thermostat. 7.3.4 Connection at Thermostats Which Are Not Relocated: Reuse existing operator -to -thermostat tubing and connect to feedback port of new thermostat. Route new "main" line down to thermostat. See drawings for method of routing each line to the thermostat. 7.3.5 Connection at Thermostats Which Are Relocated: Connect to existing operator -to -thermostat tubing in convenient location (coordinate with Owner/Engineer) and route along with new "main" line to new thermostat location and connect. See drawings for method of routing each line to the thermostat. 7.4 Final Adjustment of Equipment: After completion of installation, adjust thermostats, control valves, motors and similar equipment i,11111 w, -- provided as work of this section. 7.5 Final adjustment shall be performed by specially trained personnel in direct employ of manufacturer of primary temperature control system. END OF SECTION 15900 — 15900-6 PLAN SHEET UNIT LOCATION SERVING NUMBER ZONES 1 Bsmt. Room B-6 Zone 1 Rm. B-9 M-7 4 Police Station Zone.-2 Range B-11 Zone 3 Rm. B-10 Zone 4 Rms. B-1,B-2 B-7, B-8 2 Bsmt. Room B-S Zone 1 Rms. 102 & 103 M-7 6 Police Station Zone 2 Rms. 145,105,106 107 & 108 Zone 3 Rms. 113,116,132, 127,129,130,131 Zone 4 Rm. 120 Zone 5 Rms. 123,124, & 125 Zone 6 Rms. 101,109,139, 117,118,119 3 2nd Fl. Rm. 208 Zone 1 Offices 201,202, M-8 5 Police Station 203 Zone 2 Rm. 206,207 & Corridor 4 1st Fl. Corp. Zone 1 Rm. 122 M-6 6 Court Zone 2 Rm. 119,118, 127 Zone 3 Rm. 101, Vest. 128, Zone 4 Rms. 107,108, 109,110 Zone 5, Corridor, 135 Zone 6, Court Room 112 5 2nd Floor Rm. 218 Zone 1 Rms. 269 thru M-5 5 Corp. Court 273 & 277 thru 281 2nd Floor City Hall Part 2 .Zone 2 Office 268 M-5 2nd Floor City Hall Part 2 Zone 3 Corridor 260 M-5 2nd Floor City Hall Part 2 Zone 4 Offices 209 thru M-6 213 & Corridor 223 & 203 2nd Fl. Corp. Court Zone 5 Rm. 221,208, M-6 2nd Floor Corp Court UNIT LOCATION 6 Equip. Rm. B-20 Bsmt. City Hall 7 1st Floor City Hall Part 1 8 1st Floor City Hall Part 1 9 2nd Floor City Hall Part 1 SERVING Zone.l, Lounge B-14 Zone 2, Corr. B-5, Rm. B-2, Zone 3, Tel. Equip. B-18,Zone 4 Sto. B-1 & Corr. B-7 Zone 5, Repr. B-4, Toilet B-9, Zone 6 Rms. B-3,B-10,B-13 & B-19 Zone 1, Office 106 East Ext. Zone 2, Office 106 So. Ext. Zone 3, Offices 108,109,110, & Interior 106 & 107 Zone 4 West Ext. Offices 107 & 106 Zone 1 North Ext. Office 128 Zone 2 Interior Office 128, Zone 3 North Ext Offices 134 & 133 Zone 4 West Ext. Office 133, Zone 5 Interior Office 133, zone 6 Lobby 116 & Corr. 117 & Toilets 121, 122 Zone 7, Office 125, 126, 127, Ext. 128 Zone 1 Office 201 Zone 2 Offices 217, 216,220,226,227, Zone 3 South Wall Office 204, Zone 4 Interior Office 212, Zone 5 Ext. Office 212 & 213, Zone 6 Int. Office 213, Zone 7 Office 204,205,206,207 208,209, Zone 8 Offices 211,210,203, Zone 9 Offices 201,202, Zone 10 Offices 262, Int. 267, Zone 11 Offices 264, 265, 266, Ext. 267 PLAN SHEET NUMBER M-2 M-3 M-3 M-3 M-4 ZONES 6 4 7 11 UNIT LOCATION SERVING PLAN SHEET NUMBER ZONES 10 2nd Floor Rm. 251 Zone 2 Office. 243 M-4 8 City Hall Part 1 2nd Fl. City Hall Part 1, Zone 2 Offi. _ 240, 241, 244, & 243, Zone 3 Conf. 239, Off. 242, Zone 4 North Wall Office - 254, Zone Office 255, & 256, Zone 6 Office 252,250, & 249 - Zone 7 Office 254 Zone 8 2nd Floor Lobby 231 11 2nd Floor Rm. 251 Commission Room 234 M-4 1 12 2nd Floor Rm. 219 Police Training 220 M-6 1 13 2nd Floor Rm. 230 Juvenile Cells 229 M-8 1 Police Station - c� DESCRIPTION OF OPERATION OF MULTIZONE UNITS The outside air damper will open when the unit is started. The room thermostat will on a rising temperature gradually close the hot air damper as the cold air damper gradually opens. The chilled water valve and the hot water valve, thru the multipoint pressure selector, will be controlled from the zone with the greatest demand. At any time all zones are exactly on control point both the hot water valve and the chilled water valve will be in the by-pass position. When the valves are in the by-pass position the respective contact on the G-152 switch will be broken. H_ w D-203 or D-204 TO C.W. PUMP G-152 Multi —Point N.O. Pressure Sel_�l Type H------------------- V-207 IIIIII CW Valve IIIIII TO H.W. PUMP Multi —Point 11 1 1 1 Pressure Sel Type L o Other Zones G-152 CW Coil J N.C. —--------------------� T— 441 J IIII II I IIII IJ--I Hw coil •—�To Other Zones Remove restrictor and asso. tubing. Room ---- (--------------------- Thermostat i L--------------------T—t I Mixing Dampers Hot Deck= NO Cold Deck= NC 20 PSI Control Air MULTIZONE AHU CONTROL DIAGRAM NO SCALE UNIT 1 2 3 4 5 6 7 8 9 10 OUTSIDE AIR DPR. 12" Round 18" Round 16" Round 18" Round 21" Round 15" Round 25" X 12" 42" X 12" 30" X 20" 24" X 20" HOT WATER VALVE 3/4" 100% 1 1/2" 100% 1 1/4" 100% 2." 100% 1 1/4" 100% 1 1/4" 100% 1 1/4" 100% 2 1/2" 1/3 2 1/2" 2/3 2 1/2" . 1/3 CHILLED WATER VALVE 1 1/2" 100% 2 1/2" 1/3 2" 100% 2 1/2" 2/3' 2 1/2" 100% 2" 100% 2" 100% 3" 100% 3 1/2" 100% 3" 100% ZONES 4 6 5 6 5 6 4 7 11 8 DESCRIPTION OF OPERATION FOR A.C.-11 The T-800 mixed air stat will control the outside air and return air dampers to maintain a mixed air temperature of 550 At job tested temperature the T- 800 in the outside air will eliminate the mixed air stat from the control cycle closing the outside air damper to a minimum position and putting the chilled water valve under the control of the room thermostat. The outside air damper will close and return air damper open when the unit is shut off. RQ,Q_.,,p:_,Q,�_„,,. When the unit is started the outside air damper will open. The T-400 room thermostat will on a rising temperature gradually position the hot water valve to by-pass the coil. If the temperature continues to rise, the thermostat will gradually position the chilled water valve to supply more chilled water to the coil. When either valve is.in the by-pass position, the contact on the G-152 switch will be opened. 4 j • 1 , .., ti _<'+• a .....• r�r..r. _ t 1• Nix w i' K� p.(l . iw }./ �•Itl-• ie.' �.�£.., ::.iVltiP' .'>. 1!r"I•a�:�lr i .t ..aYt'�5 r,•.L.•i Yi^•il: a. Ht/{'':riff';'-Z'c'S��iy,�`��'riiot Ja�f i1 .V,•'f'� :'1 •i'� 1 V+Iti/: ,.r.t.}. 4 .�.' -1•_ �i it ,. .:[ `R. ,S >"7' it 1 4 , w.l.p i .}•(�. -1 ;'Q..c:ra'.•�1 .L.': 'IY• �l. .\' A F `++' . I tr't t �i• � t' p•i`: ; t':�.,�+ i I�Ir:.l� t ti ( �, �y�7.flr'°5t rK \�i i•.•�.!� / S t 1: d� `�h i <'yq � � ty� ♦ 1 ` + X•. +� �( ! r f r ✓ 1'« k�1, li' _It'll?:•5'14p i„ •.:'ilti c ,t i. vri: I r...�'iry.,� �f5.� �{ �''. ,i , � ` tA�� (`fit l � \4�j '9. {"•E'�!i '.b li.•Y�'R:'1 "I�i°PY!!li•�,y1.r4�•r1 a�S44 k..,4'•plb.J'K "'�. •/?�t ':,►; `L� ate'/, f,:MTy ft1/ ;ryr. }'j��,:, y=^/1+��F+-'.�i(]�� i 4'SY R6:.k 11!"c i.�: �., 'i 'Ij It{¢�!'�fi �L�,, "'... V a � .`:Tl l*.,••: O;1 . .. . v , r'w. � r7 1'•t . r. • t• . t ..�. r�.rt._•..} . - Ly�� ,, 7 �)•. . o.. .+ 'J\�� i • y r l . •:>' 1 t• t H�IC�'t'� r1 t�J(.. ' C L. `1, r t, . � {} tY . I .Il ult ('i le' t .a � t� w. 4 ,. iyy . I '' ' r a. J � #.. # �, 't' ` ��i ,t +• �'`l ' ;�I.j •. `t Ait' t't ti xt, t� !? I n :ti � nu. T ..1� i tj• 'r 1 •� `O' �• •ri a 5 , f hyyjA� �24 ,i �Y \� ..t ., i :S.•t -5. a �051 •.4 p �i 1 � t• �\ V•1 i�,Ir "i�S:. ``�.V�•+ I;I �' +.t„i#.S .o•Y tit•' Y1 r r) s.. -.FtI 7f ;1 X7`.}- ' � 4 ,. � `' ."• ` `` j t ri, 1 5 5 • % } 'F7 , r k t ,Y � t ' i �-: � ) i % s "-S , r4 }1•.�t� 1 V 5 .'9 ��1 'ik t �1 (" J•( „t1 1,3.i t T t d '�, � 'l � ' l►�t' .r, i,t• i' Y / 1 .if •�4'� 1- II. 3R" tl '.. 1. >. t' ;� 1 •f t.c �. . (t v. .1 1 � .1. t! I � { `1J5. °5 ii{� .�, t I,F✓ br�-• rii. I � � }' ' � . rM E tc .•Y. 1 S �Vt tM,' , •`7• i t �.i. tP rYY 1 � 4 i I R V V, Y j t; -� S .1' i' t l ' li,�•� !• .ir 1}t 1 j r J� F � S I.�,.• `�- i ..� ►� 1 + ('1 ,k I 1 i� ... �r."�;��f'I,7Y °i :1 i i. I ilr�•r ali J , ,r i.V � .. ,f '1 r i' y, v •^ � � ..�! • 'I I' IR I. `• 1 if CL' ikr i. i 5 /l t `i' Ir Cr4 ^,� f /la.-+.. � # �.r'i � •• . Ot 4 ti � ,I. il. '. r. ,S . r �• .y t ' n 5 c Y �'i� ~/ . � �.. t Q ) Y /r :y rt © .. •` �+'�,� '* r NK% �i. I�. r �•t t t i.t- -�]ll t.� � t i� � O�� 5 tt: :f•,` S�t .. Q t� 7_,,t�,l s' ►� k k ( ,j t � I T, 1 � � 6, � 1.� � �� w 1� r• '•.I {f• �. i.. yl .-i t ,1 r ��'i i I 1 �i�. /t" � 3''' t, i. 14 i�•. I t. R. .•l. t. {,�• .I.1 . 1 1- .1 '{ •t '{ t\y� :. t. .N:i r . .. 111 [� Q1j .. '('¢it ":� S t {{! ' /, 1 ,• r� 1 5 \ J`5 't i�\'1 �i ! � `' .i • R ( i. ,: i •t, Q .I:V �:•i ,•# i.•Y rl}}. i v' i ,.1r 7 1 T i 4 It 1 1\i,ri 4 1. T.1ffy '��' p1}� J T}1 Gi .� i; 1 Lt 7 +h. ',, �S% Nvi '7. Y I i.' tr: .,, ♦, } 1 .• `{ �, •� t .t 4J i t l•" rfa y:�;t. ti •1 ryl`rc ••� t l� rj;•f51� tr3pr 1 ,. ( Ilt Y, fty ,t ,� j� r 1 .. , } 1. .+ •rt+5: 'i.""VW. kn r �' R �'• '}.'.i •}t .•.- rY a"'V' � 7. t �' ,:TL) 41 I i•.FYt y.i /� ).Jr .fir ./. :Jr lr .,H..I��a>J •r t"j .i i' .151.'ift. �' ..�. �� l: •:rLrl .t•i'K• '•�•j( `ki att •'�!°»"4 1\. �'ti vt.,•.,: ,Sf '' ;,r.,7 1 t. • •y; Mr. a• ..• t.{! ,r .f�'. .,1.r«a t�' ','�'y ic, }`¢``w(7 �,1F .:S {� �' J ,.� a tE ; 1. :; ��.. •�: / -1 rS. ♦ ti ,.1 1 r"ta'fr J.: �i "`. ',:i #i.f,, 5 5.�. iM(� /.'i s # �'- r t•• } I• •,�rll .r . .. �` .:►4.a. i' ".J/ -i 1 u .: �. ,.tn: :i R `.t•a '✓ti}: ( R a+ '� f • - rrif..•' Vt d.- .rpi�a .. '.�. - .. 1 !:. .a. ,. r• , I Lw'.. y.. •. :"T- .,. ir. DESCRIPTION OF OPERATION FOR A.C.-12 When the unit is started the outside air damper will open. The T-400 room thermostat will on a rising temperature gradually position the hot water valve to by-pass the coil. If the temperature continues to rise, the thermostat will gradually position the chilled water valve to supply more chilled water to coil. When either valve is in the by-pass position, the contact on the G-152 switch will be opened. Wiuhw, wWhiM F7 1bl F-1 �: In Q;a �`Ohl- -4 ll:La - -"I um - " I 7-7 DESCRIPTION OF OPERATION FOR A.C.-13 When the unit is started the outside air damper will open. The T-400 room thermostat will on a rising temperature gradully position the hot water valve to by-pass the coil. If the temperature continues to rise, the thermostat will gradually position the chilled water valve to supply more chilled water to the coil. When either valve is in the by-pass poisition, the contact on the G-152 switch will be opened. The S-232 manual switch will either close the chilled water valve or allow it to be controlled automatically. J-j SIN '4,-: x CC ZT It x A Al V4 Ivol 77- t pv '14 (This page left blank intentionally) SPECIAL CONDITIONS -43- (This page left blank intentionally) TO: NOTICE OF ACCEPTANCE The City of Lubbock, having considered the proposals submitted and opened on the _day of 198_, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 198_ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, cer- tificates of insurance, and all other documents specified and required to be executed and furnished under the con- tract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be re- tained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative -44- (This page left blank intentionally)