The URL can be used to link to this page

Home My WebLink AboutResolution - 2002-R0292 - Contract For Southeast Wastewater Treatment Plant - Lubbock Electric Company - 08_07_2002Resolution No. 2002-RO292 August 7, 2002 Item No. 7 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for the southeast wastewater treatment plant variable frequency drive & installation, by and between the City of Lubbock and Lubbock Electric Company, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 7th day of August ,.,, , 2002. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: �e Victor Kilman, Purchasing Manager APPROVED AS TO FORM: r Ddnald G. Vandiver — First Assistant City Attorney gs/ccdocs/Contract-Lubbock Electric Co.res July 28, 2002 C MCDOU4GAL, MAYOR BOND CHECK BEST RATING LlCI«N D TFXAS DktE oZ By �' CITY OF LUBBOCK SPECIFICATIONS FOR SOUTHEAST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE & INSTALLATION ITB #135-02/BM "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING J 1625 13T" STREET II LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ITB # 135-02/BM, Addendum #6 ADDENDUM # 6 ITB # 135-02/BM Southeast Wastewater Treatment Plant Variable Frequency Drive & Installation July 10, 2002 July 16, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any Rem called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Your attention is invited to the following questions and their respective answers: t A. QUESTION: The specifications (Section 16265 Part 2.2.G) state the drive should be able to run in VT or CT but should have a 110% overload. That is a contradiction of CT. Since the load is VT, is VT required? ANSWER: The drive application is for a variable torque load and the reference to constant torque can be deleted. Section 16265 Part 2.2.13 should read: The VFD will be capable of running variable torque load. The VFD shall be able to provide it's full rated output current continuously and 110% of rated current for 60 seconds. B. QUESTION: Section 16265 Part 2.21 states the drive shall have a DC link choke or a 5% line reactor. Then section M. states that the drive shall have a harmonic filter. Then section N. states the drive shall meet IEEE519. The only way for a drive to meet IEEE at this horsepower is to provide it with an 18-pulse 1 configuration. If that is the intent why are line reactors and filters mentioned? Please clarify. J ANSWER: The drive needs to meet the requirements of IEEE 519 in regards to the Minimum harmonic levels as stated in Section 16265 paragraphs L, M and N. C. QUESTION: Section 16265 Part 2.6 refers P too options. One option that is listed is for the motor to run at P Full speed from the AC line voltage. Is this a bypass circuit in addition to the soft -start bypass? ANSWER: The bypass mode referenced in Section 16265, paragraph 2.6 is the soft start device. D. QUESTION: What is "sleep mode" that is referred to in Section 16265 Part 2.5J? Is this the same as economy mode? ANSWER: In Section 16265, 2.5.J, the paragraph indicates the requirements for the drive in times of low use. This mode of operation could be called by different names depending on the manufacturer. E. QUESTION: Is Cutler -Hammer an acceptable manufacturer for the VFD installation for the above referenced project? ANSWER: Cutler -Hammer would be acceptable.as long as the product meets the specifications. A full review of the exact product would be best for an approval. ITB #135-02/BM ad 6 ITB # 135-02/BM, Addendum #6 All requests for additional information or clarification must be submitted in writing and directed to: J Bruce MacNair, Senior Buyer City of Lubbock P.O Box 2000 Lubbock, Texas 79457 lQuestions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.iubbock.tx.us THANK YOU, CITY OF LUBBOCK ; Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. �1 Eli ITB #135-02/BM ad 6 ITB # 135-02/13M. Addendum #5 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET L USBOCK. TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM # 5 ITB # 135-021BM Southeast Wastewater Treatment Plant Variable Frequency Drive & Installation MAILED TO VENDOR: July 2, 2002 OLD CLOSE DATE: July 9, 2002 @ 1:00 P.M. NEW CLOSE DATE: July 16, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please note the NEW CLOSE DATE above. New Close Date is now July 16, 2002 at 1:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB #135-02/BM ad 5 ITB # 135-02/BM, Addendum #4 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13"' STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM # 4 ITB # 135-02/BM Southeast Wastewater Treatment Plant Variable Frequency Drive & Installation ll MAILED TO VENDOR: June 24, 2002 I CLOSE DATE: July 9, 2002 @ 1:00 P.M. 'l The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any Jitem called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Your attention is invited to the following question and its answer: QUESTION: I need to know if Square D is an acceptable manufacturer for the VFD installation for the Southeast Wastewater Treatment Plant project. If not can it be approved? Answer: Yes, Square D is an acceptable manufacturer. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 yl Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK L Bruce MacNair` Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB 4135-02/BM ad 4 ITB # 135-02/13M. Addendum #3 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13"' STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx, us ADDENDUM # 3 !TB # 135-021BM Southeast Wastewater Treatment Piant Variable Frequency Drive & Installation MAILED TO VENDOR: June 21, 2002 OLD CLOSE DATE: June 26, 2002 @ 1:00 P.M. NEW CLOSE DATE: July 9, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please note the NEW CLOSE DATE above. New Close Date is now July 9, 2002 at 1:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@maii.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB #135-02/BM ad 3 ITB # 135-02/BM, Addendum #21 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING ( 1625 13T" STREET '. LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # 2 ITB # 135-02/BM Southeast Wastewater Treatment Pliant Variable Frequency Drive & Installation June 21, 2002 June 26, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Your attention is invited to the following changes to specifications: A. Specification Section 16111, Paragraph 2.1.D is changed to read: Below Grade: Use only PVC coated rigid galvanized steel. B. Specification Section 1611, Paragraph 3.1.AA is added to read: PVC Conduit to be THREADED per Robroy Specifications (No shaving of coating). C. Specification Section 16123, Paragraph 2.1.E is changed to read: Insulation: NFPA 70, Type XHHW-2 . D. Specification Section 16123, Paragraph 3.3.A is changed to read: All Locations: Use only wire, Type XHHW-2 insulation, in raceway. E. Specification Section 16123, Paragraph 3.4.0 is changed to read: Use solid conductor for feeders and branch circuits 12 AWG and smaller. F. Specification Section 16130, Paragraph 2.2.13 is changed to read: Material: Stainless Steel G. Specification Section 16190, Paragraph 2.1.A is changed to read: Materials and Finishes: Provide adequate Corrosion resistance to 1-12S & CL2. H. Specification Section 16265, Paragraph 2.1.13 is changed to read: Substitutions must be a pre - approved equal per specifications by the owner's representative. 1. In the plans, on sheet E2, under the Demolition Notes: Notes #4 & #5 will be deleted. J. In the plans, on Sheet E2, under the Keyed Notes: Note #3, this will utilize the existing fused switch for EP4005 to service the new transformer and will be re -fused at 125 amps. ITB #135-02/Bmad2 ITB # 135-021BM, Addendum #21 All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB #135-02Bmad2 ITB # 135-02/13M, Addendum # 1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING j 1625 13T" STREET 11 LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: I CLOSE DATE: ADDENDUM # I ITB # 135-02/BM Southeast Wastewater Treatment Plant Variable Frequency Drive & Installation June 14, 2002 June 26, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Your attention is invited to the following question and the answer: Question: The plans do not indicate any type of building addition to enclose the new VFD at Station No. 2. Does this package include the VFDs only? PV: Answer: There will be an addition to the building to house the new VFD at station no. 2. However, this addition is being done under a separate contract. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ='_7 ITB #135-02/BMadl CITY OF LUBBOCK INVITATION TO BID FOR TITLE: SOUTHEAST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE & INSTALLATION ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 135-02/13M PROJECT NUMBER: 90127.9251.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS CO) WC w m O I- w U i= O z lim z NOTICE TO BIDDERS ITB #135-02/13M Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 1:00 o'clock g.m. on the 26th day of June 2002 or as changed by the issuance of formal addenda to all planholders, to urnish all labor and materials and perform all work for the construction of the following described project: "SOUTHEAST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE & INSTALLATION" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 1:00 o'clock mm. on the 26th da v of June 2002. and the City of Lubbock City Council will consider the bids on the tha o_ u0 at a MunicipalBuilding, 1625 13th Street, Lubbock, Texas, or as soon reasonably thereafter as may be 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 in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. 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 bid 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 fifteen (15) 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 r thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 19th day of June. 2002 at 9:00 o'clock a.m., in the Engineering Conference Room 107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 162513' Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from City of Lubbock, Purchasing Department, 1625 13th Street, Room L04 Lubbock, Texas 79401, Phone: (806) 775-2167. Plans and specifications t, will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. 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 leecifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, mon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- r 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish SOUTHEAST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE & INSTALLATION per the attached specifications and contract documents. Sealed bids will be received no later than 100 p.m. CST, the 26th day of June, 2002 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each _bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand comer: "ITB #135-02IBM, SOUTHEAST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE & INSTALLATION" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 162513th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non-mandatorvpre-bid meeting will be held at 9:00 a.m.. June 19th. 2002 in Engineering Conference Room 107, Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock ( shall not be legally bound by any amendment or interpretation that is not in writing. Only information J supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in 1{ any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. ,� 1 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums In its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If y portion of your bid to be privileged orconfidentiai`�by s you consider any or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 2 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the Such notificabon must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. BRUCE MACNAIR, SENIOR BUYER City of Lubbock 162513t' Street Lubbock, Texas'79401 Fax: (806) 775-2164 Email: BMacnair@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within SIXTY (60) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 14 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. J 3 15 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will notrelieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 16 GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 17 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 18 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended 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. 4 r 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 20 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 4 way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve f the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 21 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and _ shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 22 EXPLOSIVES J 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the I Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, mall 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. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 23 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 _J this contract is in progress. 24 INSURANCE 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this "-� contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether 5 performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 24.2 The Insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage Insurance documents Including workers compensation coverage for each subcontractor. 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow` construction work requiring'an'inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 27 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 6 28 29 30 J PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DC CUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to cant' out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. BID SUBMITTAL BID SUBMITTAL LUMP SUM BID CONTRACT - DATE: July 16, 2002 PROJECT NUMBER: #13"21BM - SOUTHEAST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE & INSTALLATION Bid of Lubbock Electric Company, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a SOUTHEAST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE & INSTALLATION having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby Intends to furnish all labor, materials, and supplies; and to construct the project In accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: Parts ($ 159,000.00 ) SERVICES: Labor ($ 32,000.00 ) TOTAL BID: ($ 191, 000.00 ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. I The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days -� after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on 1 which he has bid; as provided in the contract documents. ^:.� 1 Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier`s Check or Certified Check for See bid bond document 'Dollars ($ j or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages In the event the bid Is accepted by the Owner and the undersigned falls to execute the necessary contract documents, Insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error In the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date 6 / 14 / 02 Addenda No. 2 Date 6 / 21 / 02 Addenda No. 3-- Date 6 21 02 Addenda No. 4 Date 6 24 02 5 7/02/02 6 7/10/02 MWBE Firm: Date: July 16, 2002 lG /1.f,�-z_ Authorized Signature Steve Dabbs (Printed or Typed Name) Lubbock Electric Company, Inc. Company 1108 34th Street Address Lubbock Lubbock City, County Texas 79411-1731 State Zipp Code Telephone: 806 _ 744-2336 Fax: 806 _ 744-5690 2 Merchants Bonding Company P.O. BOX 26720 - AUSTIN, TX 78755-0720 BID BOND PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS: That LUBBOCK ELECTRIC CO., INC.; 1108 34TH; LUBBOCK, TEXAS 79405 (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to CITY OF LUBBOCK; TEXAS (hereinafter called the Obligee) in the full and just sum of($150,000.00-------------------------- ------4 --ONE HUNDRED FIFTY THOUSAND AND NO/1Q0------------------------------------ -------- Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 15Tx day of JULY , 2002 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for PROJECT 135-02 - BM SOUTHWEST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE AND INSTALLATION according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: Attest: CON 0333 Au (5198) TAMMIE MANLEY \ LUBBOCK ELECTRIC CO.. IN_C. B'r tiI�CH NTS BONDFNG COMPANY (Mutual) By CARL A. LUCKENBACH ATTORNEY -IN -FACT Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Carl A. Luckenbach of Lubbock and State of Texas its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in Its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. FIVE HUNDRED THOUSAND ($500,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE 11, SECTION 8. —The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity 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. ARTICLE 11, SECTION 9. —The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. , In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January • 2001 • •' • • • • • MERCHANTS BONDING COMPANY (MUTUAL) �o�oRP 09••.'O9. • Z:� 3• 1933 ; c• •ti • •Cb• STATE OF IOWA COUNTY OF POLK ss. By lAx'v 7 ;/; � �7 � On this 1 St day of 45anuary 2001 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seat of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. K ..Mac` { • J . ••...., 11 Z Notary Public, Polk County, Iowa • IOWA • STATE OF IOWA •••.�',qRf A�' •' • COUNTY OF POLK ss. ••••.•.••'� I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this day of 00 • •. • • • • • • '_ / • � �' - -' P 0 •. y . s•a•t ry • c, MSC MAI (2J98) ' �' 0 1933 ' C • •Cb • ITB # 135-021BM, Addenddm # 1 j City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING -� 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 httpJ/purchasing.ci.lubbock.b(.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # 1 ITB # 135-021BM Southeast Wastewater Treatment Plant Variable Frequency Drive & Installation June 14, 2002 June 26, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Your attention is invited to the following question and the answer: Question: The plans do not indicate any type of building addition to enclose the new VFD at Station No. 2. Does this package include the VFDs only? Answer: There will be an addition to the building to house the new VFD at station no. 2. However, this addition is being done under a separate contract. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. dITB #135-02/BMad1 ITB # 135-02/BM, Addendum #21 Citv of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13" STREET 1 LUBBOCK, TEXAS 79401 J PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM # 2 ITB # 135-02/BM Southeast Wastewater Treatment Plant Variable Frequency Drive & Installation MAILED TO VENDOR: June 21, 2002 CLOSE DATE: June 26, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Your attention is invited to the following changes to specifications: A. Specification Section 16111, Paragraph 2.1.D is changed to read: Below Grade: Use only PVC coated rigid galvanized steel. B. Specification Section 1611, Paragraph 3.1.AA is added to read: PVC Conduit to be THREADED per Robroy Specifications (No shaving of coating). C. Specification Section 16123, Paragraph 2.1.E is changed to read: insulation: NFPA 70, Type XHHW-2 . D. Specification Section 16123, Paragraph 3.3.A is changed to read: All Locations: Use only wire, Type XHHW-2 insulation, in raceway. E. Specification Section 16123, Paragraph 3.4.0 is changed to read: Use solid conductor for feeders and branch circuits 12 AWG and smaller. F. Specification Section 16130, Paragraph 2.2.13 is changed to read: Material: Stainless Steel G. Specification Section 16190, Paragraph 2.1.A is changed to read: Materials and Finishes: Provide adequate Corrosion resistance to 1-12S & CL2. H. Specification Section 16265, Paragraph 2.1.13 is changed to read: Substitutions must be a pre - approved equal per specifications by the owner's representative. I. In the plans, on sheet E2, under the Demolition Notes: Notes #4 & #5 will be deleted. J. In the plans, on Sheet E2, under the Keyed Notes: Note #3, this will utilize the existing fused switch for EP4005 to service the new transformer and will be re -fused at 125 amps. ITB #135-02/Bmad2 ITB # 135-02/BM, Addendum #21 All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB #135-02/Bmad2 ITB # 135-02I13M. Addendum #3 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13"' STREET j LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http:/Ipurchasing.ci.lubbock.tx.us ADDENDUM # 3 ITB # 135-021BM Southeast Wastewater Treatment Plant Variable Frequency Drive & Installation MAILED TO VENDOR: June 21, 2002 OLD CLOSE DATE: June 26, 2002 @ 1:00 P.M. =� NEW CLOSE DATE: July 9, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any I called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please note the NEW CLOSE DATE above. New Close Date is now July 9, 2002 at 1:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 200.0 Lubbock, Texas 79457 1 Questions may be faxed to: (806) 775-2164 1 or Email to: bmacnair@mail.ci.lubbock.tx.us { THANK YOU, CITY OF LUBBOCK r-�aCLl..cs` Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB #135-02/BM ad 3 ITB # 135-021BM, Addendum #4 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK. TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 h"p:/Ipurchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM # 4 ITB # 135-02/BM Southeast Wastewater Treatment Pliant Variable Frequency Drive & Installation June 24, 2002 July 9, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Your attention is invited to the following question and its answer: QUESTION: I need to know if Square D is an acceptable manufacturer for the VFD installation for the Southeast Wastewater Treatment Plant project. If not can it be approved? Answer: Yes, Square D is an acceptable manufacturer. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: or Email to: (806) 775-2164 bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 1 ITB 9135-02'BM ad 4 ;s:J City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET '-UBBOCK. TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ITB # 135-02/BM. Addendum #5 ADDENDUM # 5 ITB # 135-02IBM Southeast Wastewater Treatment Plant Variable Frequency Drive & Installation MAILED TO VENDOR: July 2, 2002 OLD CLOSE DATE: July 9, 2002 @ 1:00 P.M. NEW CLOSE DATE: July 16, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please note the NEW CLOSE DATE above. New Close Date is now July 16, 2002 at 1:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)775-2164 bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. ITB #135-02/BM ad 5 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513.. STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http:1/purchasing. ci.lubbock. tx,us MAILED TO VENDOR: CLOSE DATE: iTB # 135-02/BM, Addendum #6 ADDENDUM # 6 (TB # 135-02/BM Southeast Wastewater Treatment Plant Variable Frequency Drive & Installation July 10, 2002 July 16, 2002 @ 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Your attention is invited to the following questions and their respective answers: A. QUESTION: The specifications (Section 16265 Part 2.2.G) state the drive should be able to run in VT. or CT but should have a 110% overload. That is a contradiction of CT. Since the load is VT, is VT required? ANSWER: The drive application is for a variable torque load and the reference to constant torque can be deleted. Section 16265 Part 2.2.G should read: The VFD will be capable of running variable torque load. The VFD shall be able to provide it's full rated output current continuously and 110% of rated current for 60 seconds. B. QUESTION: Section 16265 Part 2.21 states the drive shall have a DC link choke or a 5% line reactor. Then section M. states that the drive shall have a harmonic filter. Then section N. states the drive shall meet IEEE519. The only way for a drive to meet IEEE at this horsepower is to provide it with an 18-pulse configuration. If that is the intent why are line reactors and filters mentioned? Please clarify. ANSWER: The drive needs to meet the requirements of IEEE 519 in regards to the Minimum harmonic levels as stated in Section 16265 paragraphs L, M and N. C. QUESTION: Section 16265 Part 2.6 refers to options. One option that is listed is for the motor to run at Full speed from the AC line voltage. Is this a bypass circuit in addition to the soft -start bypass? ANSWER: The bypass mode referenced in Section 16265, paragraph 2.6 is the soft start device. D. QUESTION: What is "sleep mode" that is referred to in Section 16265 Part 2.5J? is this the same as economy mode? ANSWER: In Section 16265, 2.5.J, the paragraph indicates the requirements for the drive in times of low use. This mode of operation could be called by different names depending on the manufacturer. E. QUESTION: Is Cutler -Hammer an acceptable manufacturer for the VFD installation for the above referenced project? ANSWER: Cutler -Hammer would be acceptable as long as the product meets the specifications. A full review of the exact product would be best for an approval. ;� ITB #135-021BM ad 6 ITB # 135-021BM, Addendum #6 All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Bruce MacNair 6 Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR. BID. s ITB #135-02/BM ad 6 CITY OF LUBBOCK. INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal -_ I 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, j furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signature) Steve Dabbs Contractor (Print) CONTRACTOR'S FIRM NAME: Lubbock Electric Company, Inc. (Print or Type ) CONTRACTOR'S FIRM ADDRESS: 1108 34th Street Lubbock, Texas 79411-1731 Name of AgentBroker: Employers General Insurance Group, Inc. Address of Agent/Broker: 4010 82nd Street, Suite 240 City/State/Zip: Lubbock, Texas 79423 Agent/Broker Telephone Number: ( 800 ) 344-4026 Date: July 16, 2002 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. if you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #135-02/BM - SOUTHEAST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE & INSTALLATION 4 LIST OF SUBCONTRACTORS Minority Owned Yes No. 1. David Aycock Concrete Services 0 :0 2. ❑ ❑ 3. ❑ ❑ 4. ❑ 0 5. 0 0 6. 7. 8. 9. 10. i , L L-16-2002 (TUE) 12 :18 HETTLER INS. (FAX) 7987804 P. 001 /001 ACORD. CERTIFICATE OF LIABILITY INSURANCE TE 07/1DA6/2002 PRDDUCSR Battler Insurance A en (2) 5 CY 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 4906 Lakeridge Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Suit® 1 Lu' ock TX 79424- INSURED INSURER A' American Me=c-j Lloyds Aycock, Dave Jr. DFA Dav-Mar Const--mction INSURERIR IMURERC: PO Box 6175 INSURER D: INSUMERE: Lubbock TX 79493- COVERAGES lal r F THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED DR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, C•XCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED f3Y PAID CLAIMS, INSR LTA TYPE OF INSURANCE PdLICY NUfiBER POLICY EFFECTIVE OATS MMtO POLICY EXPIRATION OATH MMIDDtYYt LJMfT� A OrNGRALLIAMUTY X COMN19RCIALGENERAL L.IAOILITY CLAIMU MADE 7 OCCUR CZP3751937 / / 02/28/2002 I / / / 02/20/2003 / / EACH OCCURRENCE Is 100,000 FIRE DAMAGC (Anyamnmt s 50,000 MCDcXP(A,. .*~I s 5,000 PERSONAL&ADVIWURY 12 100,000 GCNLRALAGGRCGATr is 300,000 GFWL AGGREGATE LIMIT APPLIES PER: POLICY 7 JCa f7 LOC PRODUCTS • COMptOP AEG I S 300,000 I AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULEDAU7C5 HIRED AUTOS NON-0WNC0AUTOS { / / / / / / / / / / / / COMBINED SINOLl LIMB lEaAccederxl S OOOILY INJURY (PerP+r..I f BODILY INJURY (Per7CWmri) S PRDPc. Y DAI.IAGE (Per G=dentl 4 S ' GARAGE LIABILITY ANY AUTO RAUTO _ I / / / / I AUTO ONLY - EA ACCIDENT Is OTHER THAN CA ACC ONLY: A= S Is GXCBSS LIABILITY OCCUR C CLAIMS MADE DEDUCTIBLE RETENTION s / / / / / / / / EACH OCCURRENCE. S AGGREGATE IS {S S WORKERS COMPENSATION AND EMPLOYERS' EDIBILITY / / / / i TORY LIMITS I I ER' E.L. EACH ACCIDENT Is E.L DIS-eASG • EA DWLOYEAS E.L DISFAIM- POLICY LU.ttT 13 OTHER DESCRIPTION OF OPERAMONSILOCATIONSN£HICL MWGXCLUSIONS ADDED QY ENDORSEMENTISPEMAL PROVISIONS CERTIFICATE HOLDER { ADDITIONAL INSURI Lubbock Electric Cospany Attn: Steve J 1108 34th street Lt�oc] ACORD 25S (7197) INS025S (wool :ANCELLATION SHOULD ANY OF THE ABOVE VESCRIB£D POLICIMS aE CANCELLED 02FORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CEATIRCATE POLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE X 7 9C 11- I Fr9>,.rs%LI ELECTRONIC LA3EK FORMS. INC.-(9IX)J327-0545 O ACORD CORPORATION 1938 Pepe 1 of 2 No Text STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that LJ[ GL°111L�lG d. thereinafter called the Principal(s), as Principal(s), and 4 (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of �yyE'/{uAr/ D rirfv AVel 7-Ai;j&44W Dollars ($ / lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered /into a certai itte con ct w�i h-thefObligee, dated the 1� day of 20_ Z, t0 w7�i �'t sJ RAJ and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS HEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of a. 20 &Z Surety V (Company Name) .By: �'�� By: �- itle) (Si ) �C-,ryT itle) 1 Merchants Bonding Company... (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having Its principal office in the City of Des Moines, County of Polk, State of Iowa, hath. made, constituted and appointed, and does by these presents make, constitute and appoint Carl A. Luckenbach of Lubbock and State of Texas its true and lawful Attorney-in•Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE HUNDRED THOUSAND ($500,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE II, SECTION 8. —The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity 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. ARTICLE II, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January 2001 - ••..•. • MERCHANTS BONDING COMPANY (MUTUAL) • ;a . • : c> 4 yc y 1933 c: • �Cb. .•�d� ,N1 STATE OF IOWA COUNTY OF POLK ss. By /-,(/77 � President On this 1st day of 4anuary 2001 , before me appeared Lang Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. O�U4 e A cow Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this , day of * . • • • . 9' ►`- ' -o- o Msc 0614 treat 1933 ; c' .y The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: (Title) Approved as to form: i" .•� City of Lub bock /� By: e&/ City Attorney Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. No Text STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) 593 /s11V KNOW ALL MEN BY THESE PRESENTS, that (hereinafter celled the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(, a held and it ly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount ofcZIri-' o�_aD Dollars ($/"D) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered i o a UST , certain wricoJaact�with h the�gWiggdated day of r,"1o20;1.�,7 and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNES9 WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this /3 day of 20ez- Surety (Company Name) By:By:iQ�4 i le) (P ' d Narr�ife (Si r (Title) I Merchants Bonding Company (MUTUAL) A POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Carl A. Luckenbach of Lubbock and State of Texas its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE HUNDRED THOUSAND ($500,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE 11, SECTION 8. —The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity 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. ARTICLE II, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January 2001 - • • • 0 0 �; • • • MERCHANTS BONDING COMPANY (MUTUAL) el--._ —0— 0..^• .Z; a' 1933 • c • 'C'Y • STATE OF IOWA COUNTY OF POLK ss. By 1`7 � Pfasident On this 1st day of 4anuary 2001 , before me appeared Larry Taylor, to me personally known, who being by me duty sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. • ,• IOWA OWA Z Notary Public, Polk County, lowa Q • STATE OF IOWA •'.•TQ p 1 A� y�.•� COUNTY OF POLK ss. '••.....••• I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this Z day of . • • •. h ` MSC 0814 (2098) A'' �O .p�pO.9 .,y• -o- C):—& •'L'• . y 1933 • • c. .•• 1y .. s.a.ury :>y Cj The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. / Surety y (Title) 'OZA Approved as to Form 41"'7 "; j "7 City of Lubbock _p By: i%1✓,GG4; �c.t City Attorney • Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. CERTIFICATE OF INSURANCE I I MOW. CERTIFICA? t� OF LIABILITY INSURANCE /DD/YYYY) (M1715-2002 PRODUCER EMPLOYERS GENL INS GROUP, INC 4 010 8 2ND $T , SUITE 240 LUBBOCK, TX 79423 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 1— 8 0 0— 3 4 4 —4 0 2 6 INSURED LUBBOCK ELECTRIC CO., INC. mmERA: OLD REPUBLIC INSURANCE COMPANY muRme: OLD REPUBLIC LLOYDS OF TEXAS 1108 34TH LUBBOCK, TX 79405 INSURERC: INSURER Lx INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT. I OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !ER tTR TYPE OF 99R R/MM POIJCY NUYBER POLICY POLICY EXPIRATION B GENERAL LUU3LTTY IL COMMERCIAL GENERAL. LIABILITY CLAM MADE ® OCCUR 4465339 03302002 03302003 EACH OCCURRENCE s l, o 0 0,000 FIRE DAMAGE Wq one Am S 10 0 0 0.0 rED EKP one ) S 5,000 PERSON&&ADvmuRY s 1 000 000 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LW APPLIES I M POI ww PFQ-JEC'T LAC PRooucm - coMP!'oP AGG s 2,000,000 B AUTOYOBLLE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULEDAUTos HAM AUTOS NON -OWNED AUTOS 4465340 03302002 03302003 COMNNED SINGLE LJMff (EAW*" s 1 000 000 BODILY VQURY ('-'P—m) s BODILY *&JURY (Perwdd@nQS PROPERTY DAMAGE 04w=k-" a $ I GARAGE LIABILITY ANY AUTO AUTO oNCY - EA ACCIDENT s OTHER THAN EA ACC AUTO ONLY- AGG $ S IEXCESS A LIABLITY X OCCUR CLAIMS MADE DEDUCTIBLH REremm s R462194 03302002 03302003 EACH OCCURRENCE $ 1,000,0001 AGGREGATE s 11000,000 $ i S A WORKERS C01W NSATLDN AND �� 1467395 03302002 03302003 X we STATU OTH- ER EL_ EACH ACCIDENT s 1,000,000 EL DISEASE -1 EMLPL Li l 0 0 0 0 00 EL DISEASE - POUCY L.IMM S 1,000,000 oSHER DELTCRIP9I TTON OF oPERATtoNyLocA ADDED BY ENDORSHR/BPBC111L PROVISIONS *** SEE BACK OF FORM *** - SHOULD ANY OF TILE ABOVE DESCROW POLICES RE CANCELLED BEFOW THE E MRATIOF CITY OF LUBBOCK DATE THEREOF. TW ISSUING INSURER WILL BIDEAVOR TO W 3 9 ours wncrW P . 0. BOX 2000 10= TO THE CERTIRCATE HOLDM HAM® TO TIE LE". BUT FALURE TO DO SO sHAu LUBBOCK, TX 79452 BIPOSE NO OBLIGATION OR LNBLITY OF ANY N= UPON THE ITS AGENTS OF REPREiHiTATNES AUTHORIZED REPRESBJT 4'j1jj ACORD 35-S (7197) CARL A LUCKENBACH 0 JCCORD CORPORATION 1988 Rai G222in 5T39n9 FILE 00000n016 016 r IMPORTANT tf the certificate holder Is an ADDITIONAL INSURED, the polfcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the Issuing thsurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. POLICIES ARE ENDORSED TO PROVIDE WAIVER OF SUBROGATION AND GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES ARE ENDORSED TO PROVIDE ,ADDITIONAL INSURED IN FAVOR OF THE CERTIFICATE HOLDER IF THERE IS A WRITTEN CONTRACT BETWEEN THE ABOVE INSURED AND THE CERTIFICATE HOLDErj REQUIRING THE ABOVE. 30 DAYS NOTICE OF CANCELLATION HAS BEEN ADDED T� THESE POLICIES BUT SUBJECT TO 10 DAYS NOTICE DUE TO NON—PAYMENT.OF PREMIUM. PROJECT 135-02 BM SOUTHWEST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE AND INSTALLATION ACM 25 S (7M CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration,of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 2 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Cali the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.❑ CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 7th day of August, 2002 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and LUBBOCK ELECTRIC COMPANY, INC. of the CITY OF LUBBOCK, COUNTY OF LUBBOCK, and the STATE OF TEXAS hereinafter termed CONTRACTOR: JW ITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #135-021BM - SOUTHEAST WASTEWATER TREATMENT PLANT VARIABLE FREQUENCY DRIVE & INSTALLATION - $191,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with 1 the bid submitted therefore, subject to additions and deductions, as,provided in the contract documents and to make JI payment on account thereof as provided therein. 1 IN WITNESS WHEREOF, the parties to these presents have executed this agrent in Link, Lubbock County, Texas in the year and day first above written. ATTEST: City Secrettary J AP AST O T: Owner's Representative VAPPROVD AS TO FORM: City Attorney ATTEST: Corporate S CITY QVLUB�, TEXAS (OWNER) By, CONTRACTOR: LUBBOCK EL IC COMPY, INC. By: v-v PRINTED NAME: C TITLE:%�''S COMPLETE ADDRESS: Lubbock Electric Company, Inc. 1108 34th Street Lubbock, Texas 79411-1731 r� GENERAL CONDITIONS OF THE AGREEMENT J GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit LUBBOCK ELECTRIC COMPANY, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative CHESTER CARTHEL, SENIOR CIVIL ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or FF] inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder -� for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordancewith the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) r�! calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owners Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is fumished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. l The work, from its commencement to completion, shall be under the exclusive charge and control of the j Contractor and all risk in connection therewith shall be bome by the Contractor. --� The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in anyway affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specked herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and bome by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective" or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such worts or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 1 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already fumished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owners Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owners 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 Owners Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be J determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor, for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractors Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and If no such notice Is received by the Owners Representative prior to the opening of bids, then it shail be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owners Representative before bidding of any discrepancies or omissions, then It shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Omer or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, 6 are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The Certificates of Insurance furnished by the Contractor and Subcontractors shall name the City of Lubbock as an additional insured. If no subcontractors will be used, said insurance certificate shall be accompanied by a written statement from the Contractor stating to the effect that no work on this particular project shall be subcontracted. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability insurance. For bodily injuries, including accidental death and or property damage, 10 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300,000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and j Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job J and copy of the endorsement doing so is to be attached to the Certificate of Insurance. 7 D. Builder's Risk Insurance/installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of ton all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entitys employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor' in Section 0406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether`that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of -71 coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the } . duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance G. Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date bome by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 10 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE 'The law requires that each person working on this site or providing services related to this construction project, must be covered by workers' compensation Insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee.' 'Call the Texas Workers' Compensation Commission at 5121440-3789 to receive Information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;' and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; J (ii) provide a certificate of coverage to the Contractor prior to that person beginning 71 work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all j coverage agreements will be filed with the appropriate J insurance caller or, in the case of a self -Insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading Information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; _i (iv) provide the Contractor, prior to the end of the coverage period, a new certificate jl of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (1)4viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in anyway, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work fumished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, 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. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the 12 Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. - 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specked in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner w_ may withhold permanently from Contractor's total compensation, the sum of $500.00 (FIVE HUNDRED DOLLARS PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 13 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contractor by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 14 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been 15 substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, If the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) 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, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the 16 acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety i on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor'and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over 1 17 :I to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS ° The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner 'or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at anytime change or 18 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. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 19 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.6262, ITEM NO. 39, APRIL 8, 1999 .i EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 l Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General Mortar Mixer 6.00 6.00 Painter 9.50 Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Y� Welder -Certified 11.00 �I 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 SPECIFICATIONS CITY OF LUBBOCK SOUTHEAST WASTEWATER TREATMENT PLANT VFD INSTALLATION MAY 2002 Parkhill, Smith & Cooper, Inc. Engineers ■ Architects ■ Planners OF t TROY D. SWINNEY ................. 80058 TABLE OF CONTENTS SOUTHWEST WATER RELIMATION PLANT EFFLUENT PUMPING STATIONS #1 AND #2 REHABILITATION TECHNICAL SPECIFICATIONS TABLE OF CONTENTS DIVISION 1— GENERAL REQUIREMENTS 01010 Summaryof Work 01019 Contract Considerations 01039 Coordination and Meetings 01300 Submittals 01400 Quality Control 01700 Contract Closeout DIVISION 16 — ELECTRICAL 16000 Basic Electrical Methods 16111 Conduit 16123 Wire and Cable 16130 Boxes 16170 Grounding and Bonding 16190 Supporting Devices 16195 Electrical Identification 16265 Variable Frequency Controllers 16441 Enclosed Switches 16461 Dry Type Transformers SWRP EP#1 & EP#2 Rehabihation TOC- 1 5/29/2002 SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of this Contract consists of fabrication, erection and installation of two (2) Variable Frequency Drives (VFDs) at the Lubbock Water Reclamation Plant. The VFDs will be installed at Effluent Pump Station #1 (EP8006) and Effluent Pump Station #2 (EP4004A). The existing pump stations shall be in service while the new VFDs are installed. The VFDs shall be installed to two (2) 450 horsepower motors that drive the pumps. B. Each pump station shall have 1 newly installed pump. Both Pumps and their motors will be connected to Variable Frequency Drives. C. The contractor will be responsible for the following: 1. Construction and installation of 2 new VFDs according to plans and specifications. 2. Preparation of site according to plans and specifications. D. Furnish all materials, equipment, supplies, and appurtenances; provide all construction plant equipment and tools; and perform all necessary labor and supervision. E. Coordinate the progress of the Work including coordination between trades, subcontractor, suppliers, public utilities and Owner to ensure progress of Work. F. It is the intent of this contract that Work Proceed in the most expeditious manner possible. 1.2 CONTRACTS A. Construct the Work under a single fixed price contract. B. Contract time for the work to be performed will be 60 calendar days from the date of Notice to Proceed. The Liquidated damages will be $500.00 per day. 1.3 CONTRACTOR USE OF SITE A. Limit use of site to allow: 1. Owner occupancy. 2. Contractor 3. Occupancy by other Contractors currently executing work at existing Lubbock Water Reclamation Plant. B. Coordinate use of site under direction of Owner's Representative. C. Execute Work in a coordinated manner to avoid conflicts with Owner's operations or other Contractors. .J jSWRP EP#1 & EP#2 Rehabilitation 01010 — 1 05/02 D. Move any stored products under Contractor's control, which interfere with operations of Owner or other Contractors. E. Assume full responsibility for the protection and safekeeping of products furnished under this contract, stored on or off the site. 1.4 WORK SEQUENCE A. Construct Work to accommodate Owner's occupancy requirements during the construction period. Coordinate construction schedule and operations with Owner's Representative. 1.6 OWNER OCCUPANCY A. Cooperate with Owner to minimize conflict, and to facilitate Owner's and other Contractor's operation. B. Schedule the Work to accommodate this requirement. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 01010 — 2 6/10/2002 PART 1 1.1 1.2 SECTION 01019 CONTRACT CONSIDERATIONS GENERAL Section Includes A. Schedule of values. B. Substantial completion. C. Application for payment. D. Change procedure. E. Measurement and payment. SCHEDULE OF VALUES A. Submit a printed schedule on AIA Form G703-Application and certificate for payment continuation sheet; EJCDC 1910-8-E, or a similar form. Contractor's standard form or electronic media printout will be considered. B. Submit schedule of values in duplicate within 10 days after date of Owner - Contractor Agreement. C. Format: identify each line item with number and title of the major specification Section. Identify bonds and insurance, site mobilization, demobilization. D. Upon request of Owner's Representative, support the values with data that will substantiate correctness. E. An unbalanced schedule of values providing overpayment of contractor on items of the work that will be performed early will not be accepted. F. Revise and resubmit the schedule of value until accepted to the Owner's Representative. No applications for payment shall be submitted until schedule of values is accepted. G. The schedule of values, when accepted by Owner's Representative, shall be used only as the basis for the Contractor's application for payment. SWRP EP#1 & EP#2 Rehabilitation 01019 — 1 05/02 H. For items on which progress payments will be requested for stored materials, break down the value into: a) The cost of the materials, delivered and unload; b) The total value of labor for installing the material, including Contractor's overhead and profit. 1.3 SUBSTANTIAL COMPLETION A. When the project is substantially complete and suitable for its intended purpose, the following functional components shall be completed: 1. All electrical equipment shall be installed, tested and accepted. 2. All conduit and backfill work shall be completed. 3. VFDs installed, tested and accepted. 4. Connection to motor controls complete and fully operational. 1.3 FORMAT A. AIA G702 - Application and Certificate for Payment and AIA G703 - Continuation Sheet; EJCDC 1910-8-E - Application for Payment; or a similar form. Contractor's electronic media driven form including continuation sheets when required will be acceptable. Submit Contractor's sample form prior to first application for payment, for approval by Owner's Representative. B. For each item, provide a column for listing each ol. f the following: 1. Item Number. 2. Description of work. 3. Scheduled Values. 4. Previous Applications. 5. Work in Place and Stored Materials under this Application. 6. Authorized Change Orders. 7. Total Completed and Stored to Date of Application. 8. Percentage of Completion. 9. Balance to Finish. 10. Retainage. 1.4 PREPARATION OF APPLICATIONS A. Present required information in typewritten form or on electronic media printout. B. Execute certification by signature of authorized officer. C. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored Products. D. List each authorized Change Order as an extension on AIA G703 - Continuation Sheet, or on similar form, listing Change Order number and dollar amount as for an original item of Work. E. Prepare Application for Final Payment as specified in Section 01700 SWRP EP#1 & EP#2 Rehabilitation 01019 — 2 05/02 1.5 SUBMITTAL PROCEDURES A. Submit three copies of each Application for Payment. B. Submit an updated construction schedule with each Application for Payment. C. Payment Period: Submit by the 25th day of each month. D. Submit with transmittal letter as specified for Submittals in Section 01300. 1.6 SUBSTANTIATING DATA A. When Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 01019 — 3 05/02 SECTION 01039 COORDINATION AND MEETINGS PART 1 GENERAL 1.1 SECTION INCLUDES A. Coordination B. Preconstruction meeting C. Progress meetings D. Examination 1.2 COORDINATION A. Coordinate scheduling, submittals, and Work to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. In finished areas, conceal pipes within the construction. C. Coordinate completion and clean up of Work of separate sections in preparation for Substantial Completion. D. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.3 PRECONSTRUCTION MEETING A. Owner's Representative will schedule a meeting after award of Contract. The meeting will be held at City of Lubbock Municipal Hill, 600 Municipal Drive, Lubbock TX 79457. B. Attendance Required: Owner's representatives, Contractor's Project Manager and Project Superintendent, and Contractor's Subcontractor representatives. C. Agenda: 1. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 2. Designation of personnel representing the parties in Contract. 3. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 4. Scheduling. SWRP EP#1 & EP#2 Rehabilitation 01039 —1 5/29/2002 1.4 PROGRESS MEETINGS A. Owner's Representative will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. B. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner's Representative as appropriate to agenda topics for each meeting. C. Agenda: 1. Review minutes of previous meetings. 2.. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. D. Owner's Representative will record minutes and distribute copies within two weeks after meeting to participants and designated recipients, identified at the Preconstruction Conference, and those affected by decisions made. Corrections, additions or deletions to the minutes shall be noted and addressed at the following meeting. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 01039 — 2 05/02 SECTION 01300 SUBMITTALS PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Construction progress schedules. C. Proposed Products list. D. Shop Drawings. E. Product Data. F. Samples. G. Manufacturer's installation instructions. H. Manufacturer's certificates. I. Construction photographs. 1.2 RELATED SECTIONS A. Section 01019 - Contract Considerations. B. Section 01400 - Quality Control. C. Section 01700 - Contract Closeout. 1.3 SUBMITTAL PROCEDURES A. Transmit all submittals to: Chester "Ches" Carthel, P.E. Public Works City of Lubbock 1625 13th Street Lubbock, TX 79457 B. Transmit each submittal (with the exception of shop drawings and samples) with 2 copies of a submittal transmittal form. C. Sequentially number the transmittal form beginning with 1. Revise submittals with original number and a sequential alphabetic suffix letter starting with "A." Properly complete transmittal form. SWRP EP#1 & EP#2 Rehabilitation 01300 — 1 05/02 D. Apply Contractor's stamp, signed or initialled certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to Mr. Chester "Ches" Carthel at business address. Coordinate submission of related items. F. For each submittal for review, allow 10 days excluding delivery time to and from the 4 contractor. G. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. H. Revise and resubmit, identify all changes made since previous submission. I. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with provisions. J. Submittals not requested will not be recognized or processed. K. Submittals will not be accepted from subcontractors, suppliers, or anyone other than the Contractor. 1.4 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial schedule in duplicate within 10 days after date of Owner -Contractor Agreement. B. Revise and resubmit as required. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each major section of Work or operation, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. F. Indicate estimated percentage of completion for each item of Work at each submission. G. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates. 1.5 PROPOSED PRODUCTS LIST A. Within 15 days after date* of Notice to Proceed, submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. SWRP EP#1 & EP#2 Rehabilitation 01300 — 2 5/02 1.6 SHOP DRAWINGS A. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Owner's Representative. B. After review, produce copies for record documents purposes described in Section 01700 - CONTRACT CLOSEOUT. C. Contractor shall certify that shop drawings have been reviewed and all necessary corrections have been made such that the products, when installed, will be in full compliance with the Contract Documents. Shop drawings submitted without this certification will be returned without review. D. Comments shall be made on items called to the attention of the Owner's Representative for review and comments. Any marks made by the Owner's Representative do not constitute a blanket review of the submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1.7 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Owner's Representative. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. C. After review provide copies for record documents described in Section 01700 - CONTRACT CLOSEOUT. 1.8 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. Submit samples of finishes in custom colors selected, textures, and patterns for Owner's Representative selection. C. Include identification on each sample, with full Project information. D. At least one sample of each product will be retained by Owner's Representative. E. Provide Contractor's stamp of approval on samples as indication of his checking and verification of dimensions and coordination with interrelated work. F. Approved samples submitted or constructed, constitute criteria for judging complete work. Finished work or items not equal to samples will be rejected. G. Samples may be retained for comparison purposes. Remove samples when directed. Include in bid all costs of furnishing and removing samples. SWRP EP#1 & EP#2 Rehabilitation 01300 — 3 05/02 1.9 RESUBMISSION REQUIREMENTS A. Make all corrections or changes in the submittals required by the Owner's Representative and resubmit until approved. B. For shop drawings: 1. Revise initial drawings or data and resubmit as specified for the original submittal. 2. Highlight in yellow those revisions which have been made in response to the first review by the Owner's Representative. 3. Highlight in blue any new revisions which have been made or additional details of information that has been added since the previous review by Owner's Representative. C. For samples: 1. Submit new samples as required for the initial sample. 2. Remove samples which have been rejected. D. For mock-ups: 1. Construct a new mock-up as initially required. 2. Dispose of mock-ups which have been rejected. 1.10 MANUFACTURER INSTALLATION INSTRUCTIONS A. When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, adjusting, and finishing, to Owner's Representative in quantities specified for Product Data. B. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria Pp required for application or installation. q 1.11 MANUFACTURER CERTIFICATES A. When specified in individual specification sections, submit certification by manufacturer to Owner's Representative, in quantities specified for Product Data. B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Owner's Representative. SWRP EP#1 & EP#2 Rehabilitation 01300 — 4 5/02 PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 01300 — 5 05/02 SECTION 01400 QUALITY CONTROL PART 1 GENERAL 1.1 SECTION INCLUDES A. Quality assurance - control of installation. B. Tolerances C. References. D. Testing laboratory services. E. Inspecting F. Manufacturers' field services and reports. 1.2 RELATED SECTIONS A. Section 01300 - Submittals. 1.3 QUALITY ASSURANCE - CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Owner's Representative before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement. } 1.4 TOLERANCES A. Monitor tolerance control of installed Products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Owner's Representative before proceeding. i C. Adjust Products to appropriate dimensions; position before securing Products in J place. SWRP EP#1 & EP#2 Rehabilitation 01400 —1 05/02 1.5 REFERENCES A. For Products or workmanship specified by association, trade, or other consensus standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date of Contract Documents, except where a specific date is established by code. C. Obtain copies of standards where required by product specification sections. D. The contractual relationship, duties, and responsibilities of the parties in Contract nor those of the Owner's Representative shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.7 TESTING LABORATORY SERVICES A. Contractor shall employ and pay for services of qualified independent testing services to perform testing as specified in the individual sections. B. Employment of testing services in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents. C. Prior to start of Work, submit to Owner's Representative for acceptance: Testing laboratory names, addresses and telephone numbers, and names of responsible officers. D. Reports will be submitted by the independent firm to the Owner's Representative and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. E. Cooperate with independent firm; famish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. 1. Notify Owner's Representative and independent firm 24 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. F. Testing does not relieve Contractor to perform Work to contract requirements. G. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Owner's Representative. Cost of retesting due to non-conformance shall be the sole resporsibility of the Contractor. SWRP EP#1 & EP#2 Rehabilitation 01400 — 2 5/02 1.8 INSPECTING j A. General inspection of the Work will be performed by the Owner's Representative j and by such other representative, supervisor, or inspector as may be authorized by said Owner's Representative. B. Provide additional inspection for specific portions of the Work as specified in the individual sections, at no additional cost to the Owner. j C. Presence or absence of Owner's inspectors in no way relieves Contractor of 1 obligation to perform Work in accordance with requirements of Contract Documents. 1.9 MANUFACTURERS' FIELD SERVICES AND REPORTS A. When specified in individual specification sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, as applicable. B. Submit qualifications of observer to Owner's Representative 10 days in advance of required observations. Observer subject to approval of Owner's Representative. C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. j D. Submit report in duplicate within 10 days of observation to Owner's 1 Representative for information. _ PART 2 PRODUCTS Not Used y PART 3 EXECUTION Not Used END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 01400 — 3 05/02 `_f SECTION 01700 CONTRACT CLOSEOUT PART 1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Warranties. 1.2 RELATED SECTIONS A. Division I — General Requirements 1.3 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Owner's Representative review. B. Owner's Representative will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Owner's Representative consider that the Work is incomplete or defective. 1. Owner's Representative will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Owner's Representative that the Work is complete. 3. Owner's Representative will reinspect the Work. C. Provide submittals to Owner's Representative that are required by governing or other authorities. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final project assessment. SWRP EP#1 & EP#2 Rehabilitation 01700 —1 05/02 i B. Restore appearance, quality, and condition of finished surface to match adjacent j work, and eliminate evidence of restoration to the greatest extent possible. C. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. D. Clean site; sweep paved areas. f E. Remove waste and surplus materials, rubbish, and construction facilities from the i site. 1.5 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed Shop Drawings, Product Data, and pre-inspectionVideotaps. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications. F. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Field changes of dimension and detail. 2. Details not on original Contract drawings. H. Submit documents to Owner's Representative with claim for final Application for Payment. SWRP EP#1 & EP#2 Rehabilitation 01700 — 2 5/02 I 1.7 WARRANTIES A. All materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. B. Prior to final acceptance, provide duplicate notarized copies of a 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 from such defects, when such defects appear within TWO year from the date of final acceptance of the Work as a result of defective materials or workmanship, at no cost to the Owner. C. Execute and assemble transferable warranty documents from Subcontractors, suppliers, and manufacturers. D. Provide Table of Contents and assemble in three D side ring binder with durable plastic cover. E. Submit prior to final Application for Payment. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 01700 — 3 05/02 SECTION 16000 BASIC ELECTRICAL METHODS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to work in this section. 1.2 REQUIREMENTS OF REGULATORY AGENCIES AND STANDARDS A. Regulatory Agencies: Installation, materials, equipment and workmanship shall conform to the applicable provisions of the following: B. National Electrical Code (NEC) C. National Electrical Safety Code (NESC) D. Terms and conditions of the electrical utility and other authorities having lawful jurisdiction pertaining to the work required. E. Electrical contractor shall coordinate all control wiring and electrical connections to equipment items furnished by other contractors under other sections of these specifications. All power and control wiring shall be provided under Division 16 unless otherwise noted. F. The work covered by Division 16 of the Specifications includes the famishing of all materials, labor, transportation, tools, permits, and fees for the complete installation of all electrical work required in the Contract Drawings. G. In the event that additional or special construction is required, the Contractor is responsible for providing all material and equipment which are usually furnished with such construction in order to complete the installation, whether indicated or not. H. The contractor shall familiarize himself with the existing conditions of the site and advise the Engineer of any discrepancy or conflict prior to bidding. I. The contractor shall be responsible for all permits, fees, and licenses required for the project. All cost of such permits or fees shall be included in the bid. J. All equipment and material shall be installed in accordance with the applicable manufacturer's recommendations and standards. K. Contractor shall be responsible for coordinating with the utility service provider to verify all locations, routing, equipment and labor that will be furnished as a part of this contract. 1.3 SUBMITTALS A. The intent of this section is to give general submittal information, refer to specific submittal information in the subsequent sections. B. All submittals shall comply with the requirements of other sections as specified herein. . PART2-PRODUCTS 2.1 EQUIPMENT REQUIREMENTS A. The electrical requirements for equipment specified or indicated on the drawings are based on information available at the time of design. If equipment furnished for installation has electrical SWRP EP#1 & EP#2 Rehabilitation 16000 - 1 05/02 requirements other than indicated on the electrical drawings, the Contractor shall make any required changes to wire and conduit size, controls, overcurrent protection and installation as required to accommodate the equipment supplied, without additional charge to the Owner. The complete responsibility and costs for such adjustments shall be assigned to the respective section of this specification under which the equipment is furnished. 2.2 MATERIALS A. All similar materials and equipment shall be the product of the same manufacturer unless specified otherwise. B. Materials and equipment shall be the standard products of manufacturers regularly engaged in the production of such material and shall be the manufacturer's current and standard design. C. Altitude: Equipment affected by altitude shall perform satisfactorily for the function intended at the altitude of the project site. D. Detectable Warning Tape: Acid and alkali -resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, minimum 6 wide and 4 mils thick, continuously inscribed with a description of utility, with metallic core encased in a protective jacket for corrosion protection, detectable by metal detector when tape is buried up to 30" deep; colored as follows: 1. Red: Electric. 2. Yellow: Gas, oil, steam, and dangerous materials. 3. Orange: Telephone and other communications. 4. Blue: Water systems. 5. Green: Sewer systems. E. Backfill Material 1. Material 4" below and 12" above pipes and conduit shall be natural or manufactured sand complying to ASTM C 33. 2. Material more than 12" above pipes and conduits shall be sand indicated above or native fill free of rock or gravel larger than 3/8" in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. PART 3 - EXECUTION 3.1 GENERAL A, Fabrication, erection and installation of the complete electrical system shall be done in accordance with accepted good practice by qualified personnel experienced in such work and shall proceed in an orderly manner so as not to impede the progress of the project. The Electrical Contractor shall check all areas and surfaces where electrical equipment material is to be installed, removed or relocated and report any unsatisfactory conditions before starting work. Commencement of work signifies this Contractor's acceptance of existing conditions. In the acceptance or rejection of the finished installation, no allowance will be made for lack of skill on the part of workmen. Surfaces requiring coatings will be completed prior to installation of any electrical work on these surfaces. B. The electrical drawings are diagrammatic. The installation requirements shall be carefully coordinated with structural and mechanical conditions and shall be adjusted to avoid conflict. C. All work shall be concealed in walls, ceilings, and chases unless specifically noted to be exposed or otherwise approved. SWRP EP#1 & EP#2 Rehabilitation 16000 - 2 05/02 D. The locations of electrical equipment is approximate and are not intended to convey the exact details and mounting of location of outlets, equipment and other items. Exact locations are to be field determined by actual measurements. E. Protect subgrades and foundation soils against freezing temperatures or frost. Provide protective insulating materials as necessary. F. Excavation for Conduit 1. Excavate trenches to indicated gradients, lines, depths, and elevations. 2. Excavate trenches to uniform widths to provide a working clearance on each side of pipe or conduit. Excavate trench walls vertically from trench bottom to 12" higher than top of conduit, unless otherwise indicated. 3. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and l support of pipes and conduit. Shape subgrade to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove -` projecting stones and sharp objects along trench subgrade. a. For pipes and conduit less than 6" in nominal diameter and flat-bottomed, multiple -duct conduit units, hand excavate trench bottoms and support pipe and _ conduit on an undisturbed subgrade. b. For pipes and conduit 6" or larger in nominal diameter, shape bottom of trench } to support bottom 90 degrees of pipe circumference. Fill depressions with tamped sand backfill. C. Excavate trenches 4" deeper than elevation required in rock or other unyielding bearing material to allow for bedding course. 4. Place backfill and fill materials in layers not more than 8" in loose depth for material compacted by heavy compaction equipment, and not more than 4" in loose depth for material compacted by hand -operated tampers. 5. Compact soil to not less than the following percentages of maximum dry unit weight according to ASTM D 698: a. Under structures, building slabs, steps, and pavements, scarify and recompact top 12" of existing subgrade and each layer of backfill or fill material at 95 percent. -' b. Under walkways, scarify and recompact top 6" below subgrade and compact each layer of backfill or fill material at 92 percent. C. Under lawn or unpaved areas, scarify and recompact top 6" below subgrade and compact each layer of backfill or fill material at 85 percent. 6. Install detectable warning tape above conduits and pipe, 12" below finished grade, except 6" below subgrade under pavements and slabs. 7. Protection a. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. b. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1) Scarify or remove and replace soil material to depth as directed by Engineer; reshape and recompact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1) Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. ti SWRP EP#1 & EP#2 Rehabilitation 16000 - 3 05/02 8. Disposal of Surplus and Waste Materials a. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property unless otherwise directed by Owner. b. Repair: Any damage to shrubs, grass or structures shall be repaired to previous condition by Contractor at no additional expense to Owner. 3.2 PERFORMANCE TESTS A. Thoroughly test all control circuits, services and all circuits for proper operating condition and freedom from grounds and short circuits before acceptance is requested. All equipment, appliances and devices shall be operated under load conditions. B. After the interior wiring system installation is complete conduct operating tests for approval. When requested, test all the wire, cable, devices and equipment after installation, to assure that all material continues to possess all the original characteristics as required by governing codes and standards listed in these specifications. C. After motor operation has been verified make voltage readings at all panelboards and starters. Based on these readings, make final adjustments of primary taps on all transformers in the building as directed, or coordinate with the utility proper building voltage. D. Perform such other tests as required by other sections of these specifications or as requested to prove acceptability. E. Furnish all instruments and labor for testing. F. All material installed shall be listed, inspected, and approved by a nationally accepted testing laboratory such as UL and/or ETL. All material shall bear the UL or ETL label where available. 3.3 PUMPIMOTOR CONTROL ` A. The existing Supervisory Control and Data Acquisition (SCADA) system shall be used for the control on the new motor. B. This contract shall include the connection of the new variable frequency drives to the existing plant SCADA system Provide for all cabling, conduit and necessary adjustment and check-out of all system functions to include digital run/stop drive circuit, 4-20mA output speed indication, digital run indication, digital fault indication, RS-485 bus, 4-20mA input speed control signal to drive, control of motor operated valves and conduit/cabling for the temperature switch (alarm) at the new motor. 3.4 SUBMITTAL AND APPROVAL OF MATERIALS A. All requirements for submittals shall comply with the applicable provisions included in the individual specification sections. B. Unless identified as a sole source item, the listing of product manufacturers, catalog numbers, etc., on the drawings is intended to establish a standard of quality of the product. It is the responsibility of the contractor to review all items he intends to submit. If equipment other than that indicated on drawings is proposed by the contractor, the information will be reviewed at the time of the submission of the submittal. END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 16000 - 4 05/02 SECTION 16111 CONDUIT PART 1 - GENERAL 1.1 SECTION INCLUDES A. Metal conduit. B. Flexible metal conduit. C. Liquid tight flexible metal conduit. D. Fittings and conduit bodies. 1.2 RELATED SECTIONS A. Section 16130 - Boxes. B. Section 16170 - Grounding and Bonding. C. Section 16190 - Supporting Devices. D. Section 16195 - Electrical Identification. 1.3 REFERENCES A. ANSI C80.1 - Rigid Steel Conduit, Zinc Coated. B. ANSI/NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit and Cable Assemblies. C. ANSUNFPA 70 - National Electrical Code. D. NECA "Standard of Installation." 1.4 DESIGN REQUIREMENTS A. Conduit Size: Minimum in accordance with ANSI/NFPA 70 or as indicated on the drawings, whichever is larger. 1.5 SUBMITTALS A. Product Data: Provide for metallic conduit, flexible metal conduit, liquid -tight flexible metal conduit, fittings and conduit bodies. 1.6 PROJECT RECORD DOCUMENTS A. Submit under provisions of Section 01700. B. Accurately record actual routing of conduits. 1.7 REGULATORY REQUIREMENTS A. Conform to requirements of ANSI/NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. SWRP EP#1 & EP#2 Rehabilitation 16111 - 1 05/02 1.8 DELIVERY, STORAGE, AND HANDLING A. Accept conduit on site. Inspect for damage. B. Protect conduit from corrosion and entrance of debris by storing above grade. Provide appropriate covering. 1.9 PROJECT CONDITIONS A. Verify that field measurements are as shown on Drawings. B. Verify routing and termination locations of conduit prior to rough -in. C. Conduit routing is shown on Drawings in approximate locations unless dimensioned. Route as required to complete wiring system. PART 2 - PRODUCTS 2.1 CONDUIT REQUIREMENTS A. Minimum Size: 3/4 inch unless otherwise specified. B. Wet and Damp Locations above grade: Use PVC -coated rigid steel or liquid tight flexible conduit. C. Inside Pump Stations: Use rigid steel or liquid -tight flexible conduit. D. Below Grade: Use only PVC coated rigid galvanized steel or wrapped rigid steel. 2.2 METAL CONDUIT A. Manufacturers: 1. Allied 2. Wheatland B. Rigid Steel Conduit: ANSI C80.1. C. Fittings and Conduit Bodies: ANSI/NEMA FB 1; all steel fittings. 2.3 LIQUIDTIGHT FLEXIBLE METAL CONDUIT A. Manufacturers: 1. Ultatite 2. Electri-flex B. Description: Interlocked steel construction with PVC jacket. C. Fittings: ANS1/NEMA FB 1. D. Applications: Use for final connections to motorized equipment in exterior locations. 2.4 PVC COATED METAL CONDUIT A. Manufacturers: 1. Levy 2. Robroy Industries B. Description: NEMA RN-1, rigid steel conduit with external PVC coating, 20 mil thick. C. General: Protective layer maybe factory applied or galvanized rigid steel conduit below grade may be applied with two layers of corrosion resistant tape. SWRP EP#1 & EP#2 Rehabilitation 16111 - 2 05/02 D. Fittings and Conduit Bodies: ANSI/NEMA FB 1; steel fittings with external PVC coatings to match conduit. PART 3 - EXECUTION 3.1 INSTALLATION A. Install conduit in accordance with NECA "Standard of Installation." B. Arrange supports to prevent misalignment during wiring installation. C. Support conduit using coated steel or malleable iron straps, Iay-in adjustable hangers, clevis hangers, and split hangers. D. Group related conduits; support using conduit rack. Construct rack using steel channel. E. Fasten conduit supports to building structure and surfaces under provisions of Section 16190. F. Do not support conduit with wire or perforated pipe straps. Remove wire used for temporary supports G. Arrange conduit to maintain headroom and present neat appearance. H. Route exposed conduit parallel and perpendicular to walls. I. Route conduit perpendicular to walls. J. Maintain adequate clearance between conduit and piping. K. Maintain 12 inch clearance between conduit and surfaces with temperatures exceeding 104 degrees F. L. Cut conduit square using saw or pipecutter; de -burr cut ends. M. Bring conduit to shoulder of fittings; fasten securely. N. Use conduit hubs or sealing locknuts to fasten conduit to sheet metal boxes in damp and wet locations and to cast boxes. ` O. Install no more than equivalent of three 90-degree bends between boxes. Use conduit bodies to make sharp changes in direction, as around beams. Use factory elbows for bends in metal conduit larger than 2 inch size. P. Avoid moisture traps; provide junction box with drain fitting at low points in conduit system. Q. Provide suitable fittings to accommodate expansion and deflection where conduit crosses, control and expansion joints. R. Provide suitable pull string in each empty conduit except sleeves and nipples. S. Use suitable caps to protect installed conduit against entrance of dirt and moisture. T. Ground and bond conduit under provisions of Section 16170. U. Identify conduit under provisions of Section 16195.. V. Ducts shall be cleaned with an flexible mandrel assembly. W. All conduits passing vertically through slabs on grade shall be PVC -coated rigid steel. X. Minimum cover for underground conduits shall be 30 inches. Y. Maintain minimum 7 inch separation between power and control conduits. Z. Provide separate conduits for digital (discrete) and analog control circuits. END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 16111 - 3 05/02 SECTION 16123 WIRE AND CABLE PARTI-GENERAL 1.1 SECTION INCLUDES A. Wire and cable. B. Wiring connectors and connections. 1.2 RELATED SECTIONS A. Section 16195 - Electrical Identification. 1.3 REFERENCES A. NECA Standard of Installation (National Electrical Contractors Association). B. NETA ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems (International Electrical Testing Association). C. NFPA 70 - National Electrical Code. 1.4 SUBMITTALS FOR REVIEW A. Refer to other sections for additional requirements. B. Product Data: Provide for each cable assembly type. 1.5 SUBMITTALS AT PROJECT CLOSEOUT A. Refer to other sections. B. Project Record Documents: Record actual locations of components and circuits. 1.6 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this Section with minimum three years documented experience. 1.7 REGULATORY REQUIREMENTS A. Conform to NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories Inc. as suitable for the purpose specified and indicated. 1.8 PROJECT CONDITIONS A. Verify that field measurements are as indicated. B. Conductor sizes are based on copper. C. Wire and cable routing indicated is approximate unless dimensioned. SWRP EP#1 & EP#2 Rehabilitation 16123 - 1 05/02 1.9 COORDINATION A. Where wire and cable destination is indicated and routing is not shown, determine exact routing and lengths required. PART2-PRODUCTS 2.1 WIRE A. Manufacturers: 1. Southwire. 2. American Cable. 3. Houston Wire and Cable. 4. Substitutions: Refer to other sections. B. Description: Single conductor insulated wire. C. Conductor: Copper. D. Insulation Voltage Rating: 600 volts. E. Insulation: NFPA 70, Type THWN. 2.2 CABLE A. Description: All cable extensions for use to connect to the existing SCADA system shall match the existing cable and shall be compatible. B. Minimum analog circuit cable requirements shall be 250 VAC, copper twisted shielded cable with an overall shield. Provide a minimum of one spare pair for each 4 pairs required. C. Minimum digital cable shall be 250VAC, copper with shield and overall shield. Provide a minimum of one spare pair of cables for each 4 pairs required. D. Medium voltage cable shall be rated for 5KV, copper, stranded with EPR insulation (MV-90). 2.3 WHUNG CONNECTORS A. Split Bolt Connectors: 1. Ilsco. 2. Buchanan. 3. Burndy. B. Solderless Pressure Connectors: 1. Ilsco. 2. Buchanan. 3. Burndy. C. Spring Wire Connectors: 1. Ideal. D. Compression Connectors: l . 11sco. 2. Buchanan. 3. Burndy. SWRP EP#1 & EP#2 Rehabilitation 16123 - 2 05/02 PART 3-EXECUTION 3.1 EXAMINATION A. Verify that interior of building has been protected from weather. B. Verify that mechanical work likely to damage wire and cable has been completed. C. Verify that raceway installation is complete and supported. D. Refer to specification Section 16000 for additional cabling requirements associated with the Supervisory Conirol and Data Acquisition (SCADA) system. 3.2 PREPARATION A. Completely and thoroughly swab raceway before installing wire. 3.3 WIRING METHODS A. All Locations: Use only wire, Type THWN insulation, in raceway. B. Use wiring methods indicated. 3.4 INSTALLATION A. Route wire and cable as required to meet Project Conditions. B. Install cable in accordance with the NECA "Standard of Installation." C. Use solid conductor for feeders and branch circuits 10 AWG and smaller. D. Use stranded conductors for control circuits. E. Use conductor not smaller than 12 AWG for power and lighting circuits. F. Use conductor not smaller than 16 AWG for control circuits. G. Use 10 AWG conductors for 20 ampere, 120 volt branch circuits longer than 75 feet. H. Install all conductors in conduit. I. Pull all conductors into raceway at same time. J. Use suitable wire pulling lubricant for building wire 4 AWG and larger. K. Protect exposed cable from damage. L. All cables shall be neatly supported. M. Use suitable cable fittings and connectors. N. Neatly train and lace wiring inside boxes, equipment, and panelboards. O. Clean conductor surfaces before installing lugs and connectors. P. Make splices, taps, and terminations to carry full ampacity of conductors with no perceptible temperature rise. Q. Use split bolt connectors for copper conductor splices and taps, 6 AWG and larger. Tape uninsulated conductors and connector with electrical tape to 150 percent of insulation rating of conductor. R. Use solderless pressure connectors with insulating covers for copper conductor splices and taps, 8 AWG and smaller. S. Use insulated spring wire connectors with plastic caps for copper conductor splices and taps, 10 AWG and smaller. T. Identify and color code wire and cable under provisions of Section 16195. Identify each conductor with its circuit number or other designation indicated. U. The number of conductors in each conduit run shall be limited to the requirements as indicated on the drawings and stated in Article 310-15 of the National Electrical Code. SWRP EP# 1 & EP#2 Rehabilitation 16123 - 3 05/02 3.5 FIELD QUALITY CONTROL A. Inspect and test in accordance with NETA ATS, except Section 4. B. Perform inspections and tests listed in NETA ATS, Section 7.3.1. END OF SECTION SWRP EP41 & EP#2 Rehabilitation 16123 - 4 05/02 SECTION 16130 BOXES PART1-GENERAL 1.1 SECTION INCLUDES A. Wall and ceiling outlet boxes. B. Pull and junction boxes. 1.2 REFERENCES A. NECA - Standard of Installation. B. NEMA FB 1 - Fittings and Supports for Conduit and Cable Assemblies. C. NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum). D. NFPA 70 - National Electrical Code. 1.3 SUBMITTALS FOR CLOSEOUT A. Record actual locations and mounting heights of pull and junction boxes on project record documents. 1.4 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Provide Products listed and classified by Underwriters Laboratories, Inc., as suitable for the purpose specified and indicated. PART 2 - PRODUCTS 2.1 OUTLET BOXES A. Cast Boxes: NEMA FB 1, Type FD, cast feralloy. Provide gasketed cover by box manufacturer. 2.2 PULL AND JUNCTION BOXES A. Surface Mounted Cast Metal Box: NEMA 250, Type 4; flat -flanged, surface mounted junction box: B. Material: Galvanized cast iron. C. Cover: Furnish with ground flange, neoprene gasket, and stainless steel cover screws. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify locations of boxes in all areas prior to rough -in. SWRP EP#1 & EP#2 Rehabilitation 16130 - 1 05/02 3.2 INSTALLATION A. Install boxes in accordance with NECA "Standard of Installation." B. Install in locations as shown on Drawings, and as required for splices, taps, wire pulling, equipment connections and compliance with regulatory requirements. C. Electrical boxes are shown on Drawings in approximate locations unless dimensioned. Adjust box location up to 10 feet if required to accommodate intended purpose. D. Maintain headroom and present neat mechanical appearance. E. Do not fasten boxes to ceiling support wires. F. Support boxes independently of conduit. G. Use cast outlet box in exterior locations exposed to the weather and wet locations. H. Pull Boxes: Use surface -mounted cast metal box in wet locations. I. Provide separate boxes for power, circuits, digital (discrete) circuits and analog circuits. 3.3 ADJUSTING A. Section 01700 - Contract Closeout: Adjusting installed work. B. Adjust flush -mounting outlets to make front flush with finished wall material. C. Install knockout closures in unused box openings. 3.4 CLEANING A. Clean interior of boxes to remove dust, debris, and other material. B. Clean exposed surfaces and restore finish. 3.5 REPAIR A. Repair any areas or surfaces damaged during conduit installation. B. Paint (resurface) to original condition. END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 16130 - 2 05/02 SECTION 16170 GROUNDING AND BONDING PART 1 - GENERAL 1.1 SECTION INCLUDES A. Grounding electrodes and conductors. B. Equipment grounding conductors. C. Bonding. 1.2 REFERENCES A. NETA ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems (International Electrical Testing Association). B. NFPA 70 - National Electrical Code. 1.3 GROUNDING SYSTEM DESCRIPTION A. Metal underground water pipe. B. Metal frame of the building. C. Rod electrode. 1.4 PERFORMANCE REQUIREMENTS A. Grounding System Maximum Resistance:.10 ohms. 1.5 SUBMITTALS FOR REVIEW A. Product Data: Provide for grounding electrodes and connections. 1.6 SUBMITTALS FOR CLOSEOUT A. Project Record Documents: Record actual locations of components and grounding electrodes. B. Certificate of Compliance: Indicate approval of installation by authority having jurisdiction. 1.7 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories, Inc. as suitable for the purpose specified and indicated. SWRP EP#1 & EP#2 Rehabilitation 16170 - 1 05/02 PART 2 - PRODUCTS 2.1 MECHANICAL CONNECTORS A. As an option to exothermic connections below grade, Burndy Hyground, 12 ton compression type system. 2.2 A. Material: Stranded copper. B. Size: Minimum as indicated on the drawings. 2.3 ROD ELECTRODES A. Material: Copper clad. B. Diameter: 3/4 inch. C. Length: 10 feet. 2.4 EXOTHERMIC CONNECTIONS A. Manufacturers: Cadweld at all locations other than at panels, except as noted above. PART 3 - EXECUTION 3.1 EXAIVIINATION A. Verify that final backfill and compaction has been completed before driving rod electrodes. 3.2 INSTALLATION A. Provide bonding to meet Regulatory Requirements. B. Bond together metal siding not attached to grounded structure; bond to ground. C. Equipment Grounding Conductor: Provide separate, insulated conductor within each feeder and branch circuit raceway. Terminate each end on suitable lug, bus, or bushing. D. Install rod electrodes. Install additional rod electrodes as required to achieve a resistance of 10 ohms or less. Minimum rod spacing shall be 10 feet. E. Provide for a common grounding electrode system that is interconnected as indicated. 3.3 FIELD QUALITY CONTROL A. Inspect and test in accordance with NETA ATS, except Section 4. B. Perform inspections and tests listed in NETA ATS, Section 7.13. END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 16170 - 2 05/02 SECTION 16190 SUPPORTING DEVICES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to work in this section. 1.2 SECTION INCLUDES A. Conduit and equipment supports. B. Anchors and fasteners. 1.3 REFERENCES A. NECA - National Electrical Contractors Association. B. ANSI/NFPA 70 - National Electrical Code. 1.4 REGULATORY REQUIREMENTS A. Conform to requirements of ANSI/NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. PART 2 - PRODUCTS 2.1 PRODUCT REQUIREMENTS A. Materials and Finishes: Provide adequate corrosion resistance. B. Provide materials, sizes, and types of anchors, fasteners and supports to carry the loads of equipment and conduit. Consider weight of wire in conduit when selecting products. C. Anchors and Fasteners: 1. Concrete Structural Elements: Use expansion anchors, powder actuated anchors and preset inserts. 2. Steel Structural Elements: Use beam clamps, spring steel clips and steel ramset fasteners. 3. Concrete Surfaces: Use self -drilling anchors and expansion anchors. PART 3 - EXECUTION 3.1 INSTALLATION A. Install products in accordance with manufacturer's instructions. B. Provide anchors, fasteners, and supports in accordance with NECA "Standard of Installation". C. Do not fasten supports to pipes, ducts, mechanical equipment, and conduit. D. Obtain permission from Engineer before drilling or cutting structural members. SWRP EP#1 & EP#2 Rehabilitation 16190 - 1 05/02 E. Fabricate supports from structural steel as indicated on drawings. Rigidly weld members or use hexagon head bolts to present neat appearance with adequate strength and rigidity. Use lock washers under all nuts. F. Install surface -mounted cabinets and panelboards with minimum of four anchors. G. Install conduit supports a maximum spacing specified in the NEC. END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 16190 - 2 05/02 SECTION 16195 ELECTRICAL IDENTIFICATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to work in this section. 1.2 SECTION INCLUDES A. Nameplates and labels. B. Wire and cable markers. 1.3 REFERENCES A. ANSI/NFPA 70 - National Electrical Code. PART 2 - PRODUCTS 2.1 NAMEPLATES AND LABELS A. Nameplates and Labels: Engraved three -layer laminated plastic, white letters on black background. B. Locations: 1. Each. electrical distribution and control equipment enclosure. 2. Field disconnects, start stop stations, control panels. C. Letter Size: 1. Use 1/4 inch letters for identifying individual equipment and loads. 2. Use 1/4 inch letters for identifying grouped equipment and loads. 3. Use 3/8 inch letters for identifying Main Disconnect equipment. 2.2 WIRE/CONDUIT/BOX MARKERS A. Description: Brady B-321 Heat -Shrink Polyolefin markers. Typed label to identify each termination end point of the conductor. DC conductors shall identify polarity. B. Locations: Each conductor at wireway, pull boxes and junction boxes, and each load connection. All conduit penetrations identifying the location of each end. C. Legend: 1. Power Circuits: Branch circuit or feeder number indicated on drawings. D. Boxes: 1. Label each junction box in accessible locations to indicate the type of system (i.e.; security; power circuit-1,3,5; etc.) SWRP EP#1 & EP#2 Rehabilitation 16195 - 1 05/02 PART 3 - EXECUTION 3.1 PREPARATION A. Degrease and clean surfaces to receive nameplates and labels. 3.2 APPLICATION A. Install nameplate and label parallel to equipment lines. B. Secure nameplate to equipment front using screws or rivets. C. Identify underground conduits using underground warning tape. Install one tape per trench at 12 inches below finished grade. Identify all conduit at exposed locations into all boxes, cabinets, etc. (see specification Section 16000) D. Identify all conductors at every termination indicating endpoints of termination and tag identification as required. E. Color coding for phase identification: 120/240 volts Phase 277/480 VAC Black A Red B Blue C White Neutral Green Ground Conductor phase and voltage identification shall be made by color -coded insulation for all conductors smaller than No. 6 AWG. For conductors No. 6 AWG and larger, identification shall be made by color -coded insulation, or conductors with black, insulation maybe furnished and identified by colored electrical tape. Conductor identification shall be provided within each enclosure where a tap, splice, or termination is made. END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 16195 - 2 05/02 SECTION 16265 VARIABLE FREQUENCY CONTROLLERS PART 1 - GENERAL 1.1 SUMMARY A. Section includes variable frequency controllers. 1.2 REFERENCES A. IEEE C62.41 (Institute of Electrical and Electronics Engineers) - Recommended Practice on Surge Voltages in Low -Voltage AC Power Circuits. B. NEMA FU 1 (National Electrical Manufacturers Association) - Fuses. C. NEMA ICS 2 — Industrial Control Devices, Controllers and Assemblies. D. NEMA ICS 3.1 (National Electrical Manufacturers Association) - Safety Standards for Construction and Guide for Selection, Installation and Operation of Adjustable -Speed Drive Systems, E. NEMA ICS 6 — Enclosures for Industrial Controls and Systems. F. NEMA ICS 7 (National Electrical Manufacturers Association) - Industrial Control and Systems: Adjustable Speed Drives. G. NEMA 250 (National Electrical Manufacturers Association) - Enclosures for Electrical Equipment (1000 Volts Maximum). H. NETA ATS (International Electrical Testing Association) - Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems. 1.3 SUBMITTALS A. Shop Drawings: Indicate front and side views of enclosures with overall dimensions and weights shown; conduit entrance locations and requirements; and nameplate legends. B. Product Data: Submit catalog sheets showing voltage, controller size, ratings and size of switching and overcurrent protective devices, short circuit ratings, dimensions, and enclosure details. C. Test Reports: Indicate field test and inspection procedures and test results. D. Manufacturer's Field Reports: Indicate start-up inspection findings. E. Submit a copy of this specification section with all paragraphs marked as complying with modifications requested as indicated in Specification 16000. 1.4 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: Submit instructions complying with NEMA ICS 3.1. Include procedures for starting and operating controllers, and describe operating limits possibly resulting in hazardous or unsafe conditions. Include routine preventive maintenance schedule. SWRP EP#1 & EP#2 Rehabilitation 16265 - 1 05/02 1.5 QUALIFICATIONS '-} A. Manufacturer: Company specializing in manufacturing products specified in this section j with minimum fifteen years documented experience, and with representative capable of on - site assistance available on site within 24 hours of drive failure. ;t 1.6 DELIVERY, STORAGE, AND HANDLING A. Store in clean, dry space. Maintain factory wrapping or provide additional canvas or plastic cover to protect units from dirt, water, construction debris, and traffic. B. Handle in accordance with manufacturer's written instructions. Lift only with lugs provided. Handle carefully to avoid damage to components, enclosure, and finish. 1.7 ENVIRONMENTAL REQUIREMENTS A. Conform to NEMA ICS 7 service conditions during and after installation of variable frequency controllers. { 1.8 WARRANTY A. Furnish manufacturer warranty for variable frequency controllers for a period of one year after substantial completion certificate has been issued. 1.9 MAINTENANCE SERVICE A. As a part of the start-upprocedure, provide a factory authorized representative to perform manufacturer's recommended start-up procedures. 1.10 MAINTENANCE MATERIALS A. Furnish two of each air filter. PART2-PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Danfoss VLr 8000 AQUA Series VFD (Variable Frequency Drive) for use with a 500 hp, 480 volt, 3 pump motor with a Danfoss #MCD3000 Softstart bypass. B. Substitutions in accordance with other sections. 2.2 GENERAL A. Furnish complete VFD as specified herein or in the equipment schedule for loads designated to be variable speed. VFD's shall be both constant and variable torque rated. B. The VFD shall convert incoming fixed frequency three-phase AC power into a variable frequency and voltage for controlling the speed of three-phase AC induction motors. The VFD shall be a six -pulse input design, and the input voltage rectifier shall employ a full wave diode bridge; VFD's utilizing controlled SCR rectifiers shall not be acceptable. The output waveform shall closely approximate a sine wave. The VFD shall be of a PWM SWRP EP#1 & EP#2 Rehabilitation 16265 - 2 05/02 output design utilizing current IGBT inverter technology and voltage vector control of the output PWM waveform. C. The VFD shall include a full -wave diode bridge rectifier and maintain a displacement power factor of near unity regardless of speed and load. D. The VFD shall produce an output waveform capable of handling maximum motor cable distances of up to 1,000 ft. (unshielded) without tripping. E. The VFD shall utilize an output voltage -vector switching algorithm, or equivalent, in both variable and constant torque modes. VFD's that cannot produce rated RMS fundamental output voltage or require the input voltage to be increased above motor nameplate value to achieve rated RMS fundamental output voltage are not acceptable. F. The VFD selected must be able to source the motor's full load nameplate amperage (fundamental RMS) on a continuous basis, and be capable of running the motor at it's nameplate RPM, voltage, current, and slip without having to utilize the service factor of the motor. G. The VFD will be capable of running either variable or constant torque loads. The VFD shall be able to provide it's full rated output current continuously and 110% of rated current for 60 seconds. H. Switching of the input power to the VFD shall be possible without interlocks of damage to the VFD at a minimum interval of 2 minutes. I. Switching of power on the output side between the VFD and the motor shall be possible with no limitation or damage to the VFD and shall require no additional interlocks. J. The VFD shall have temperature controlled cooling fans for quiet operation, minimized internal losses, and greatly increased fan life. K. VFD shall provide full torque to the motor given input voltage fluctuations of up to f 10% of the rated input voltage. Additionally, sustained line voltage reductions up to 15% shall not cause the VFD to trip. L. The VFD shall provide dual built-in DC link reactors to minimize power line harmonics and to provide near unity power factor. VFD's without a DC link reactor shall provide a 5% impedance line side reactor, at a minimum. M. The VFD shall be provided with line -side harmonic filtering, as required, to assure compliance with the recommended harmonic limits set forth in IEEE 519-1992 table 10.3 for current distortion and table 11.1 for voltage distortion. PCC,, defined as the low voltage side of the distribution transformer, is used for purposes of calculation and referred, by the turns ratio of the transformer, to the PCC defined by the IEEE Recommended Practices as the Consumer -Utility interface. The tables of limits set forth therein are with reference to the PCC (primary side of the main transformer). N. The VFD shall comply with IEEE 519 for requirements to minimize harmonics. 2.3 PROTECTIVE FEATURES: A. VFD shall have input surge protection utilizing MOV's, spark gaps, and zener diodes to withstand surges of 2.3 times line voltage. B. VFD shall include circuitry to detect phase imbalance and phase loss on the input side of the VFD. C. VFD shall auto-derate the output voltage and frequency to the motor if an input phase is lost if it is .desirable to maintain operation without decreasing the life expectancy of the VFD. The use of this feature shall be user selectable and export a wanting during the event. D. VFD shall include current sensors on all three output phases to detect and report phase loss to the motor. The VFD will identify which of the output phases is low or lost. E. VFD shall auto-derate the output voltage and frequency to the motor in the presence of sustained ambient temperatures higher than the normal operating range, so as not to trip on SWRP EP#1 & EP#2 Rehabilitation 16265 - 3 05/02 an inverter temperature fault. The use of this feature shall be user -selectable and a warning will be exported during the event. 2.4 INTERFACE FEATURES: A. VFD shall provide an alphanumeric backlit display keypad which may be remotely mounted using standard 9-pin cable. VFD may be operated with keypad disconnected or removed entirely. Keypad may be disconnected during normal operation without the need to stop the motor or disconnect power to the VFD. B. VFD shall display all faults in plain text; VFD's which can display only fault codes are not acceptable. C. The keypad shall feature a 4-line display, and be capable of digitally displaying up to four separate operational parameters or status values simultaneously (including process values with the appropriate engineering unit) in addition to Hand/Off/Auto, Local/Remote, and operating status. D. Two lines of the display shall allow "free text programming" so that a description, or the actual name, of the equipment being controlled by the VFD can be entered into the display. E. Keypad shall provide an integral H-O-A (Hand -Off -Auto) and Local -Remote selection capability, and manual control of speed locally without the need for adding selector switches, potentiometers, or other devices. F. VFD keypad shall be capable of storing drive parameter values in non-volatile RAM uploaded to it from the VFD, and shall be capable of downloading stored values to the VFD to facilitate programming of multiple drives in similar applications, or as a means of backing up the programmed parameters. G. VFD display shall indicate, which digital inputs are active, and the status of each relay. H. VFD display shall indicate the value of any voltage or current signal connected to the analog input terminals. I. VFD display shall indicate the value of the current on the analog output terminals. J. A red FAULT light, a yellow WARNING light and a green POWER -ON light shall be provided. These indications shall be visible both on the keypad and on the VFD when the keypad is removed. K. Dual protection shall be provided to prevent unauthorized changes to the programming of the VFD. The parameters can be locked via a digital input and/or the unit can be programmed not to allow an unauthorized user to change the parameter settings. L. A quick setup menu with factory preset typical parameters shall be provided on the VFD to facilitate commissioning. Use of macros, shall not be required. M. A digital elapsed time meter and kilowatt hour meter shall be provided in the display. N. VFD shall provide full galvanic isolation with suitable potential separation from the power sources (control, signal, and power circuitry within the drive) to ensure compliance with PELV requirements and to protect PLC's and other connected equipment from power surges and spikes. O. All inputs and outputs shall be optically isolated. Isolation boards between the VFD and external control devices shall not be required. P. There shall be eight fully programmable digital inputs for interfacing with the systems external control and safety interlock circuitry. Q. The VFD shall have two voltage analog signal inputs and one current signal input, and shall accept a direct -or -reverse acting signal. Analog reference inputs accepted shall include 0-10 V dc, 0-20 mA and 4-20 mA. R. Two programmable analog outputs shall be provided for indication of drive status. These outputs shall be programmable for output speed, voltage, frequency, motor current and output power. i SWRP EP#1 & EP#2 Rehabilitation 16265 - 4 05/02 :_ 1 S. The VFD shall provide two user programmable relays with 31 selectable functions. One form `A' 50VAC and one form `C' 230VAC/2A rated dry contact relay outputs shall be provided. T. Floating point control interface shall be provided to increase/decrease frequency in response to external switch closures. U. The VFD shall accept a NC motor temperature overtemperature switch input, as well as possess the capability to accept a motor thermistor input. V. The VFD shall store in memory the last 20 faults and record all operational data. W. Run permissive circuit shall be provided to accept a "system ready" signal to ensure that the VFD does not start until isolation valves, seal water pumps or other types of auxiliary equipment are in the proper state for VFD operation. The run permissive circuit shall also be capable of sending an output signal as a start command to actuate external equipment before allowing the VFD to start. X. The VFD shall be equipped with a standard RS485 serial communications port capable of supporting the following communications protocols by the use of an integrally mounted, field -installable option board: Profibus PA, DeviceNet, or Modbus RTU. Y. The VFD shall be supplied with a standard RS485 serial communications data port. A Windows® compatible software to display all monitoring, fault, alarm, and status signals shall be available. This software shall allow parameter changes, storage of all VFD operating and setup parameters, and remote operation of the VFD. 2.5 ADJUSTMENTS: A. The VFD shall have an adjustable output switching frequency. B. Four complete programming parameter setups shall be provided, which can be locally selected through the keypad or remotely selected via digital input(s), allowing the VFD to be programmed for up to four alternate control scenarios without requiring parameter changes. C. In each programming set up, independent acceleration and deceleration ramps shall be provided. Acceleration and deceleration time shall be adjustable over the range from 0 to 3,600 seconds to base speed. D. The VFD shall have four programmable "skip frequencies" with adjustable bandwidths to prevent the driven equipment from running at a mechanically resonant frequency. E. VFD shall include an automatic accel/decel ramp -time function to prevent nuisance tripping and simplify start-up. F. In each programming setup, independent current limit settings, programmable between 50% and 110% of the drives output current rating, shall be provided. G. A built-in PID controller shall be able to accept two feedback signals and two set -points. Response to the set-point/feedback differences must be programmable to allow choices between different calculation methods for the feedback signals. H. PID parameter settings shall be adjustable while the VFD is operating, to aid in tuning the loop at start up. The VFD will also be capable of simultaneously displaying setpoint reference and feedback values with appropriate engineering units, as well as output frequency, output current, and run status while programming the PID function. I. The VFD will include a "loss of follower" function to detect the loss of process feedback or reference signals with a live -zero value, with a user -selectable choice of responses (go to set speed, min speed, max speed, stop, stop and trip). SWRP EP#1 & EP#2 Rehabilitation 16265 - 5 05/02 -- i J. A Sleep Mode function shall be provided to reduce wear and heating of the pump and other equipment in periods where system demands are minimal. This function will operate in both open and closed loop modes: 1. In closed loop process control, when the output speed drops to a user -programmed minimum value ("sleep frequency") for a specified time ("sleep mode timer"), the drive will enter sleep mode and either go into standby or boost mode before entering standby. The drive shall automatically restart the motor once the output of the PID processor exceeds a programmable value "wake up frequency". a. Boost mode shall prevent short -cycling of the motor by temporarily adjusting the setpoint by a user programmable percentage. Upon reaching this valve, the unit will go into standby. 2. In open loop, the drive shall be capable of entering sleep mode if the input reference drops below a user programmable value. When the input reference increases above a programmable reference, the drive will automatically start. K. The VFD will include a user selectable Reset function, which enables the selection of between zero and twenty restart attempts after any self -clearing fault condition (under - voltage, over -voltage, current limit, inverter overload and motor overload), or the selection of an infinite number of attempts. The time between attempts shall be adjustable from 0 ! J through 600 seconds. L. An automatic "on delay" function may be selected from 0 to 120 seconds. M. The VFD will include a user -selectable Auto -Restart function which enables the VFD to power up in arunning condition after a power loss, to prevent the need to manually reset and restart the VFD. N. VFD shall catch a rotating motor operating either in forward or reverse at up to full speed. 2.6 OPTIONS TO BE PROVIDED: A. Provide a soft start bypass, which shall be fully digital, closed -loop (current ramp), with bypass capability, and be the Danfoss MCD 3000 Series. B. Provide a manual or automatic bypass consisting of a door interlocked main fused disconnect padlockable in the off position, a built-in motor starter and a four position DRIVE/OFF/LINE/TEST switch controlling three contactors. In the DRIVE position, the motor is operated at an adjustable speed from the drive. In the OFF position, the motor and drive are disconnected. In the LINE position, the motor is operated at full speed from the AC power line and power is disconnected from the drive so that service can be performed. In the TEST position, the motor is operated at full speed from the AC line power. This allows the drive to be given an operational test while continuing to run the motor at full speed in bypass. Customer supplied normally closed dry contact shall be interlocked with the drives safety trip circuitry to stop the motor whether in DRIVE or BYPASS mode in case of an external safety fault. C. The VFD and all required options shall be incorporated by the VFD manufacturer into an integrated package, with a single input feed and main circuit breaker disconnect. Semi- conductor rated fuses shall be included to provide additional equipment protection. The VFD shall be rated for 100,000 AIC when the manufacturer's recommended fuses are used. The VFD enclosure will be NEMA 12. All enclosures shall be UL Listed, and assembled by the VFD manufacturer. D. The VFD shall have, as an option, four Form `C' 240V relays which can be mounted internal to the drive. j SWRP EP#1 & EP#2 Rehabilitation 16265 - 6 05/02 J 2.7 SERVICE CONDITIONS: A. Ambient Temperature of the VFD, -10 to 40°C (14 to 104°F) B. 0 to 95% relative humidity, non -condensing. C. Elevation to 1000 meters (3,300 feet) without derating. D. VFD's shall be rated for line voltage of 380 to 480VAC; frequency variation of ± 2% shall be acceptable. E. No side clearance shall be required for cooling of the units. PART 3 - EXECUTION 3.1 EXAMINATION with ±10% variation. Line A. Section 01300 - Administrative Requirements: Coordination and project conditions. B. Verify building environment is maintained within service conditions required by manufacturer. 3.2 EXISTING WORK A. Disconnect and remove existing controllers. B. Dispose of existing equipment as directed by Owner or Owner's Representative. 3.3 INSTALLATION A. Install in accordance with NFMA ICS 3.1. B. Tighten accessible connections and mechanical fasteners after placing controller. C. Select and install overload heater elements in motor controllers to match installed motor characteristics. D. Install engraved plastic nameplates in accordance with Section 16195. E. Neatly type label inside controller door identifying motor served, nameplate horsepower, full load amperes, code letter, service factor, and voltage/phase rating. Place label in clear plastic holder. F. Ground and bond controller in accordance with Section 16170. G. Install VFDs plumb. Provide supports in accordance with Section 16190. H. Height: 5' 6" maximum to all operating or monitoring devices. I. Maximum Frequency: Set maximum VFD output frequency to that requested by Owner. 3.4 FIELD QUALITY CONTROL A. Section 01400 - Quality Control: Quality Assurance/Control Of Installation. B. Section 17000 — General Requirements For Instrumentation. C. Inspect and test in accordance with other specification sections and NETA ATS, except Section 4. D. Perform inspections and tests listed in META ATS, Section 7.16 and NEMA ICS 3.1. SWRP EP#1 & EP#2 Rehabilitation 16265 - 7 05/02 3.5 DEMONSTRATION AND TRAINING A. Furnish 4 hours of instruction for 4 persons. Training to be conducted at project site with authorized manufacturer's representative. Provide 6 sets of all training materials. END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 16265-8 05/02 SECTION 16441 ENCLOSED SWITCHES PART1-GENERAL 1.1 SECTION INCLUDES A. Fusible switches. B. Non -fusible switches. C. Fuses. 1.2 REFERENCES A. NEMA KS 1 - Enclosed Switches. B. NFPA 70 - National Electrical Code. C. UL 198C - High -Interrupting Capacity Fuses; Current Limiting Type. D. UL 198E - Class R Fuses. E. NEMA AB 1 — Molded Case Circuit Breakers F. NECA — Standard of Installation 1.3 SUBMITTALS A. Product Data: Provide switch ratings and enclosure dimensions. 1.4 QUALITY ASSURANCE A. Perform Work in accordance with NECA Standard of Installation. 1.5 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing Products specified in this Section with minimum three years documented experience. 1.6 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Furnish products listed and classified by UL as suitable for purpose specified and shown. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Square D B. General Electric C. Eaton SWRP EP# 1 & EP#2 Rehabilitation 16441 - 1 05/02 U 2.2 ENCLOSED SWITCHES A. Fusible or Non -fusible as indicated. B. Switch Assemblies: NEMA KS 1, Type HD, load interrupter enclosed knife switch with externally operable handle interlocked to prevent opening front cover with switch in ON position. Handle lockable in OFF position. C. Fuse Clips: Designed to accommodate NEMA FU1, class R fuses. D. Enclosures: NEMA KS 1. E. All Locations: Type 3R or 4. F. NEMA ratings of enclosures as specified on drawings take precedence over location specification. G. Current rating of switch to be equal to or greater than that of the circuit it is interrupting. 2.3 FUSES A. Manufacturers: 1. Bussman 2. Littlefuse 3. Gould Shawmut B. Dimensions and Performance: NEMA FU 1, Class as specified or indicated. C. Voltage: Provide fuses with suitable voltage ratings for phase to phase voltages. D. Service Entrance: Class L, Bussman Low -peak or equivalent. E. General Purpose Loads: Class RKl, Bussman Low peak or equivalent. F. Motor Loads: Class RK5, Bussman Fusetron or equivalent. PART 3 - EXECUTION 3.1 INSTALLATION A. Install in accordance with NECA Standard of Installation B. Install fuses in all fusible disconnects. C. Apply adhesive tag on the inside door of all disconnects indicating the NEMA class fuse and size installed. D. Provide a disconnect switch for all equipment where indicated or required by the National Electrical Code. Coordinate with other disciplines to determine where disconnects are furnished with equipment. All equipment shall be protected by overcurrent protection as required by the National Electrical Code. END OF SECTION SWRP EP#1 & EP#2 Rehabilitation 16441 - 2 05/02 SECTION 16461 DRY TYPE TRANSFORMERS PART1-GENERAL 1.1 SECTION INCLUDES A. Two -winding transformers. 1.2 RELATED SECTIONS A. Section 16111 - Conduit: Flexible conduit connections. B. Section 16170 - Grounding and Bonding. 1.3 REFERENCES A. NEMA ST 20 - Dry -Type Transformers for General Applications. B. NETA ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment (International Electrical Testing Association). C. NFPA 70 - National Electrical Code. 1.4 SUBMITTALS FOR REVIEW A. Product Data: Provide outline and support point dimensions of enclosures and accessories, unit weight, voltage, kVA, and impedance ratings and characteristics, tap configurations, insulation system type, and rated temperature rise. B. Mounting configurations for suspended units. 1.5 SUBMITTALS FOR INFORMATION A. Test Reports: Indicate loss data, efficiency at 25, 50, 75 and 100 percent rated load, and sound level. B. Submit manufacturer's installation instructions. Indicate application conditions and limitations of use stipulated by Product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, and installation of Product. 1.6 SUBMITTALS FOR CLOSEOUT A. Section 01700 - Contract Closeout: 01730 - Operation and Maintenance Data: Submittals for project closeout. B. Record actual locations of transformers in project record documents. 1.7 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the Products specified in this section with minimum five years documented experience. SWRP EP#1 & EP#2 Rehabilitation 16461 - 1 05/02 ^.I 1.8 REGULATORY REQUIREMENTS `l A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories, Inc. as suitable for the purpose specified and indicated. 1.9 DELIVERY, STORAGE, AND HANDLING A. Store in a clean, dry space. Maintain factory wrapping or provide an additional heavy canvas or heavy plastic cover to protect units from dirt, water, construction debris, and traffic. B. Handle in accordance with manufacturer's written instructions. Lift only with lugs provided for the purpose. Handle carefully to avoid damage to transformer internal components, enclosure, and finish. PART 2-PRODUCTS 2.1 TWO -WINDING TRANSFORMERS 2.2 A. Section 01600 - Material and Equipment: Product Options. B. Manufacturers: 1. Square D. 2. GE Electrical Distribution and Control. 3. Eaton. C. Description: Energy Efficient NEMA ST TP-1, factory -assembled, air cooled dry type transformers, ratings as indicated. D. Primary Voltage: 4160/2400 volt, 3 phase, Wye. E. Secondary Voltage: 480 volt, 3 phase, Delta. F. Insulation system and average winding temperature rise for rated kVA as follows: 1. 16-500 kVA: Class 220 with 80 degrees C rise. G. Case temperature: Do not exceed 35 degrees C rise above ambient at warmest point at full load. H. Winding Taps: 1. Six 2.5% taps 4 above and 2 below. I. Sound Levels: NEMA ST 20. J. Basic Impulse Level: 30 kV. K. Ground core and coil assembly to enclosure by means of a visible flexible copper grounding strap. L. Mounting: 1. Suitable for floor mounting on a 4" high housekeeping pad. M. Coil Conductors: Continuous copper windings with terminations brazed or welded. N. Enclosure: NEMA. ST 20, Type 1 ventilated. Provide lifting eyes or brackets. O. Isolate core and coil from enclosure using vibration -absorbing mounts. P. Nameplate: Include transformer connection data and overload capacity based on rated allowable temperature rise. SOURCE QUALITY CONTROL A. Section 01400 - Quality Control: Manufacturer quality control. B. Production test each unit according to NEMA ST20. SWRP EP#1 & EP#2 Rehabilitation 16461 - 2 05/02 ice. PART 3 - EXECUTION 3.1 INSTALLATION A. Set transformer plumb and level. B. Use flexible conduit, under the provisions of Section 16111, 2 feet minimum length, for connections to transformer case. Make conduit connections to side panel of enclosure. C. Mount floor -mounted transformers on vibration isolating pads suitable for isolating the transformer noise from the building structure. Provide 4" concrete housekeeping pads. D. Ensure adequate ventilation of all transformers in accordance with the National Electrical Code. E. Provide grounding and bonding in accordance with Section 16170. 3.2 FIELD QUALITY CONTROL A. Inspect and test in accordance with NETA ATS, except Section 4. B. Perform inspections and tests listed in NETA ATS, Section 7.2. 3.3 ADJUSTING A. Measure primary and secondary voltages and make appropriate tap adjustments. END OF SECTION SWRP EP41 & EP#2 Rehabilitation 16461 - 3 05/02