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Resolution - 2012-R0066 - Contract - Bruce Thornton Air Conditioning Inc.- Chiller Replacement - 02/09/2012
esolution No. 2012-R0066 ebruary 9, 2012 tem No. 5.11 RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to (ccute for and on behalf of the City of Lubbock, Contract No. 10388 for chiller ;placement at Municipal Square, by and between the City of Lubbock and Bruce hornton Air Conditioning, Incorporated, and related documents. Said Contract is rtached hereto and incorporated in this resolution as if fully set forth herein and shall be ��icluded in the minutes of the City Council. ?assed by the City Council on February 9, 2012 �/3y►, AZ4- TOM MARTIN, MAYOR ATTEST: Rebecc Garza, City Secretary APPROVED AS TO CONTENT: Mark earwo d, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: -�k JA-� Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Bruce Thornton AC, Inc. January 3, 2012 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE CITY OF LUBBOCK SPECIFICATIONS FOR Chiller Replacement at Municipal Square ITB # 12-10388-CI CONTRACT # 10388 PROJECT NUMBER: 91160 Plans& Specifications can be viewed online and downloaded from ht!p://www.bidsync.com at no cost. ffl��E*21 iiibliock iFX45 CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE 1 This Page Intentionally Left Blank ADDEDNUM(S) This Page Intentionally Left Blank city of L- 4 Lubbock TEXAS ._, ITB 12-10388-CI Addendum No. 1 ADDENDUM V ITB 12-10388-CI Chiller Replacement at Municipal Square DATE ISSUED: December 8, 2011 ORIGINAL CLOSE DATE & TIME: December 15, 2011 @ 2:00 P.M. NEW CLOSE DATE & TIME: December 21, 2011 @ 2:00 PAL The following items take precedence over specifications for the above named Invitation to Bid 12-10388-CI. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please be advised: 1. The close date has been has been extended as follows: December 21, 2011 at 2:00 P.M. 2. The Question and Answer Deadline has been extended as follows: December 14, 2011 at 5:00 P.M. The Bid Form has been revised as follows, has been attached to this addendum, and must be submitted with the bid: 3. ALT No. 1 has been revised as follows: Deduct: Delete all work indicated on "Partial Electrical Riser Diagram — Base Bid" indicated on sheet E2.1. Provide new electrical switchboard "MSA" and associated work indicated on sheet E2.1 as "Partial Electrical Riser Diagram — Bid Alternate No. 1." 4. Added ALT No. 2 as follows: Deduct: Delete all work indicated on "Partial Electrical Riser Diagram — Base Bid" indicated on sheet E2.1. Provide new electrical switchboard "MSB" and associated work indicated on sheet E2.1 as "Partial Electrical Riser Diagram — Bid Alternate No. 2" The Specifications and Drawings have been revised as follows: 5. Replace Section 15500 with the attached Section 15500. 6. On the Drawings, Sheet E1.1, add a general note to read "Disconnect switches for CH 1-11 and CH 2-11 are provided with the unit for single point connection by the contractor. 7. On the Drawings, Sheet El. 1, add a 120V, 20 A circuit on the west wall adjacent to the plant office for a new temperature control panel. Verify the exact location with ITB 12-10388-CI Addendum No. 1 the mechanical contractor. Install 2 #12 & #12 Gr. in 1/2" conduit to a new 20A-lP circuit breaker in existing load center noted by note 11. 8. On the Drawings, Sheet E2.1, delete the entire sheet and replace with the revised attached E2.1. All requests for addifional niformation}or claftfteation rriust:be submitted in writing and directed to' City of Lubbock Corey Isaacs, Buyer Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas79457 Questions may be faxed to (806)775-2164 or Emailed to cisaacs(d)mylubbock.us THANK YOU, Corey Isaacs, Buyer -_ City of Lubbock Purchasing & Contract Management 1625 13th Street Lubbock, Texas 79401-3830 806-775-2168 Phone 806-775-2164 Fax cisaacs@,mylubbock.us It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Director QU Purchasing & Contract Management if anv language. requirements. etc., or any combinations thereof. inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. 9 t� 1 ITB 12-10388-CI Addendum No. 1 BID SUBMITTAL FORM LUMP SUM BID CONTRACT *****REVISED***** DATE: ITB 12-10388-CI, Chiller Replacement at Municipal Square Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of "Chiller Replacement at Municipal Square" 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 bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Item Description Lump Sum Amount No. 1 The project consists of replacing the current water-cooled chillers $ with air-cooled chillers. Alternate Deduct: Delete all work indicated on "Partial Electrical Riser ALT Diagram — Base Bid" indicated on sheet E2.1. Provide new electrical switchboard "MSA" and associated work indicated on No.1 sheet E2.1 as "Partial Electrical Riser Diagram — Bid Alternate No. Deduct: Delete all work indicated on "Partial Electrical Riser Diagram — Base Bid" indicated on sheet E2.1. Provide new ALT electrical switchboard "MSB" and associated work indicated on No. 2 sheet E2.1 as "Partial Electrical Riser Diagram — Bid Alternate No. 2." Bidder's Initials ITB 12-10388-CI Addendum No. 1 ADDENDUM NUMBER ONE Page 1 CITY OF LUBBOCK MUNICIPAL SQUARE CHILLER REPLACEMENT Agnew Associates, Inc. TBPE Firm F-1005 Project Number 1210051 DECEMBER 8, 2011 12/8/11 NOTICE TO ALL BIDDERS: .............................. NATHAN R. AGNEW 91668 ..:: 12/8/11 The following shall be incorporated in and become a part of the original Drawings and Specifications of the above identified project. Please acknowledge receipt of this Addendum by noting it on your Proposal: MECHANICAL ITEMS: Item 1. Replace Section 15500 with the attached Section 15500. ELECTRICAL ITEMS: Item 1. On the Drawings, Sheet EL I, add a general note to read "Disconnect switches for CH 1-11 and CH 2-11 are provided with the unit for single point connection by the contractor." Item 2. On the Drawings, Sheet ELL, add a 120V, 20 A circuit on the west wall adjacent to the plant office for a new temperature control panel. Verify the exact location with the mechanical contractor. Install 2 #12 & #12 Gr. in 1/2" conduit to a new 20A-1P circuit breaker in existing load center noted by note 11. Item 3. On the Drawings, Sheet E2.1, delete the entire sheet and replace the sheet with the revised attached sheet E2.1. End of Addendum ONE ITB 12-10388-CI Addendum No. 1 SECTION 15500 AIR COOLED PACKAGED CHILLER PART 1- GENERAL 1.01 GENERAL REQUIREMENTS A. The requirements of this Section shall conform to the general provisions of the Contract, including General and Supplementary Conditions, Conditions of the Contract, and Contract Drawings. 1.02 SUBMITTALS A. Submit manufacturer's data and shop drawings on all items specified. 1. Capacities 2. Clearance for maintenance 3. Quality 4. Quantity 1.03 SCOPE A. Provide Microprocessor controlled, multiple -scroll compressor, air-cooled, liquid chillers of the scheduled capacities as shown and indicated on the Drawings, including but not limited to: 1. Chiller package with Refrigerant R-410A 2. Electrical power and control connections 3. Chilled water connections 4. Factory start-up 5. Charge of refrigerant and oil 1.04 QUALITY ASSURANCE A. Products shall be Designed, Tested, Rated and Certified in accordance with, and installed in compliance with applicable sections of the following Standards and Codes: 1. ANSI/ASHRAE Standard 15 — Safety Code for Mechanical Refrigeration 2. ASHRAE 90.1— Energy Efficiency compliance. 3. ANSI/NFPA Standard 70 — National Electrical Code (NEC). 4. ASME Boiler and Pressure Vessel Code, Section VIII, Division 1. 5. ARI Standard 550/590 — Positive Displacement Compressors and Air Cooled Rotary Screw Water -Chilling Packages. 6. Conform to Intertek Testing Services, formerly ETL, for construction of chillers and provide ETL/cETL Listing label. 7. Manufactured in facility registered to ISO 9002. 8. OSHA — Occupational Safety and Health Act B. Factory Test: Chiller shall be pressure -tested, evacuated and fully charged with refrigerant and oil, and shall be factory operational run tested with water flowing through the vessel. 15500 -1 ITB 12-10388-CI Addendum No. 1 C. Chiller manufacturer shall have a factory trained and supported service organization that is within a 50 mile radius of the site. D. Warranty: Manufacturer shall Warrant all equipment and material of its manufacture against defects in workmanship and material for a period of one year from date of initial start-up or eighteen (18) months from date of shipment, whichever occurs first. 1.05 DELIVERY AND HANDLING A. Unit shall be delivered to job site fully assembled with all interconnecting refrigerant piping and internal wiring ready for field installation and charged with refrigerant and oil by the Manufacturer. B. Provide protective covering over vulnerable components for unit protection during shipment. Fit nozzles and open ends with plastic enclosures. C. Unit shall be stored and handled per Manufacturer's instructions. PART 2 - PRODUCTS 2.01 CHILLER MATERIALS AND COMPONENTS A. General: Install and commission, as shown on the schedules and plans, factory assembled, charged, and tested air cooled scroll compressor chiller(s) as specified herein. Chiller shall be designed, selected, and constructed using a refrigerant with Flammability rating of"1", as defined by ANSUASHRAE STANDARD - 34 Number Designation and Safety Classification of Refrigerants. Chiller shall include, but is not limited to: a complete system with a single refrigerant circuit 35 tons and below, and not less than two refrigerant circuits above 35 tons, scroll compressors, direct expansion type evaporator, air-cooled condenser, refrigerant, lubrication system, interconnecting wiring, safety and operating controls including capacity controller, control center, motor starting components, and special features as specified herein or required for safe, automatic operation. B. Cabinet: External structural members shall be constructed of heavy gage, galvanized steel coated with baked on powder paint which, when subjected to ASTM B 117, 1000 hour 5% salt spray test, yields minimum ASTM 1654 rating of "6" C. Pressure Transducers and Readout Capability 1. Discharge Pressure Transducers: Permits unit to sense and display discharge pressure. 2. Suction Pressure Transducers: Permits unit to sense and display suction pressure. 15500 - 2 ITB 12-10388-CI Addendum No. 1 2.02 COMPRESSORS A. Compressors: Shall be hermetic, scroll -type, including: 1. Compliant design for axial and radial sealing 2. Refrigerant flow through the compressor'with 100% suction cooled motor. 3. Large suction side free volume and oil sump to provide liquid handling capability. 4. Compressor crankcase heaters to provide extra liquid migration protection. 5. Annular discharge check valve and reverse vent assembly to provide low- pressure drop, silent shutdown and reverse rotation protection. 6. Initial Oil charge. 7. Oil Level sightglass. 8. Vibration isolator mounts for compressors. 9. Brazed -type connections for fully hermetic refrigerant circuits. 10. Compressor Motor overloads capable of monitoring compressor motor current. Provides extra protection against compressor reverse rotation, phase -loss and phase imbalance 2.03 REFRIGERANT CIRCUIT COMPONENTS A. Each refrigerant circuit shall include: liquid line shutoff valve with charging port, low side pressure relief device, filter -drier, solenoid valve, sight glass with moisture indicator, thermostatic expansion valves, and flexible, closed -cell foam insulated suction line and suction pressure transducer. 2.04 HEAT EXCHANGERS A. Evaporator: 1. Direct expansion type with refrigerant inside high efficiency copper tubes, chilled liquid forced over the tubes by galvanized steel baffles. 2. Constructed, tested, and stamped in accordance with applicable sections of ASME pressure vessel code for minimum 450 psig refrigerant side design working pressure andl50 PSIG water side design working pressure. 3. Shell covered with 1/4", flexible, closed cell insulation, thermal conductivity of 0.26k ([BTU/HR Ft2-oF]/in.) maximum. Water nozzles with grooves for mechanical couplings, and insulated by Contactor after pipe installation. 4. Provide vent and drain fittings, and thermostatically controlled heaters to protect to -20oF (29oC) ambient in off -cycle. B. Air Cooled Condenser: 1. Coils: Condenser coils are made of a single material to avoid galvanic corrosion due to dissimilar metals. Coils and headers are brazed as one piece. Integral sub cooling is included. The design working pressure of the coil is 650 PSIG. Condenser coils must be cleanable with the use of a standard (up to 1500 psi) pressure washer. 2. Condenser Coils must be protected from debris (i.e. Hail Stone) by a protective panel to ensure longer equipment life and better unit performance. 15500 - 3 4. 2.05 CONTROLS A. B. C. ITB 12-10388-CI Addendum No. 1 Low Sound Fans Shall be dynamically and statically balanced, direct drive, corrosion resistant glass fiber reinforced composite blades molded into a low noise, full -airfoil cross section, providing vertical air discharge and low sound. Each fan in its own compartment to prevent crossfiow during fan cycling. Guards of heavy gauge, PVC coated or galvanized steel. Fan Motors: High efficiency, direct drive, 6 pole, 3 phase, insulation class "F", current protected, Totally Enclosed Air -Over (TEAO), rigid mounted, with double sealed, permanently lubricated, ball bearings. General: Automatic start, stop, operating, and protection sequences across the range of scheduled conditions and transients. Microprocessor Enclosure: Rain and dust tight NEMA 3R/12 (IP55) powder painted steel cabinet with hinged, latched, and gasket sealed door. Microprocessor Control Center: 1. Automatic control of compressor start/stop, anti -coincidence and anti -recycle timers, automatic pumpdown shutdown, condenser fans, evaporator pump, evaporator heater, unit alarm contacts, and chiller operation from 0°F to 125°F (- 18°C to 52°C) ambient. Automatic reset to normal chiller operation after power failure. 2. Software stored in non-volatile memory, with programmed setpoints retained in lithium battery backed real time clock (RTC) memory for minimum 5 years. 3. Forty character liquid crystal display, descriptions in English .(or Spanish, French, Italian, or German), numeric data in English units. Sealed keypad with sections for Setpoints, Display/Print, Entry, Unit Options & clock, and On/Off Switch. 4. Programmable Setpoints (within Manufacturer limits): display language; chilled liquid temperature setpoint and range, remote reset temperature range, set daily schedule/holiday for start/stop, manual override for servicing, low and high ambient cutouts, number of compressors, low liquid temperature cutout, low suction pressure cutout, high discharge pressure cutout, anti -recycle timer (compressor start cycle time), and anti -coincident timer (delay compressor starts). 5. Display Data: Return and leaving liquid temperatures, low leaving liquid temperature cutout setting, low ambient temperature cutout setting, outdoor air temperature, English or metric data, suction pressure cutout setting, each system suction pressure, discharge pressure (optional), liquid temperature reset via a Building Automation System (by others) via a 4-20milliamp or 0-10 VDC input with optional BAS interface, anti -recycle timer status for each compressor, anti - coincident system start timer condition, compressor run status, no cooling load condition, day, date and time, daily start/stop times, holiday status, automatic or manual system lead/lag control, lead system definition, compressor starts/operating hours (each), status of hot gas valves, evaporator heater and fan operation, run permissive status, number of compressors running, liquid solenoid valve status, load & unload timer status, water pump status. 15500 - 4 ITB 12-10388-CI Addendum No. 1 6. System Safeties: Shall cause individual compressor systems to perform auto shut down; manual reset required after the third trip in 90 minutes. Includes: high discharge pressure, low suction pressure, high pressure switch, and motor protector. Compressor motor protector shall protect against damage due to high input current or thermal overload of windings. 7. Unit Safeties: Shall be automatic reset and cause compressors to shut down if low ambient, low leaving chilled liquid temperature, under voltage, and flow switch operation. Contractor shall provide flow switch and wiring per chiller manufacturer requirements. 8. Alarm Contacts: Low ambient, low leaving chilled liquid temperature, low voltage, low battery, and (per compressor circuit): high discharge pressure, and low suction pressure. D. Manufacturer shall provide any controls not listed above, necessary for automatic chiller operation. Mechanical Contractor shall provide field control wiring necessary to interface sensors to the chiller control system. 2.06 POWER CONNECTION AND DISTRIBUTION A. Power Panels: 1. NEMA 3R/12 (IP55) rain/dust tight, powder painted steel cabinets with hinged, latched, and gasket sealed outer doors. Provide main power connection(s), control power connections, compressor and fan motor start contactors, current overloads, and factory wiring. 2. Power supply shall enter unit at a single location, be 3 phase of scheduled voltage, and connect to individual terminal blocks per compressor. Separate disconnecting means and/or external branch circuit protection (by Contractor) required per applicable local or national codes. B. Compressor, control and fan motor power wiring shall be located in and enclosed panel or routed through liquid tight conduit. 2.07 ACCESSORIES and OPTIONS A. Microprocessor controlled, Factory installed Across the -Line type compressor motor starters as standard. B. Outdoor Ambient Temperature Control 1. Low Ambient Control (Factory mounted): Permits unit operation to 0°F ambient. 2. High Ambient Control (Factory Mounted): Permits unit operation above II5°F ambient. C. Power Supply Connections: Single Point Disconnect: Single point lockable Non -Fused Disconnect with external handle (in compliance with Article 440-14 of N.E.C.) can be supplied to isolate the unit power for servicing. Separate external fusing must be supplied, by others, in the incoming power wiring, which must comply with the National Electric Code and/or local codes. 15500 - 5 ITB 12-10388-CI Addendum No. I D. Control Power Transformer: Converts unit power voltage to 120-1-60 (500 VA capacity). Factory -mounting includes primary and secondary wiring between the transformer and the control panel. E. Protective Chiller Panels (Factory or Field Mounted): Louvered/Wire Panels: Louvered steel panels on external condenser coils painted as per remainder of unit cabinet. Heavy gauge, welded wire -mesh, coated to resist corrosion, around base of machine to restrict unauthorized access. F. Flow Switch (Field -mounted): Vapor proof SPDT, NEMA 4X switch, 150 PSIG, -20°F to 250°F. G. Service Isolation valves (Factory -mounted.): Service suction and discharge (ball type) ' isolation valves are added to unit per system. This option also includes a system high pressure relief valve in compliance with ASHRAEI5. PART 3 - EXECUTION 3.01 INSTALLATION A. General: Rig and Install in full accordance with Manufacturer's requirements, Project drawings, and Contract documents. B. Location: Locate chiller as indicated on drawings, including cleaning and service maintenance clearance per Manufacturer instructions. Adjust and level chiller on support structure. C. Components: Installing Contractor shall provide and install all auxiliary devices and accessories for fully operational chiller. D. Electrical: Coordinate electrical requirements and connections for all power feeds with Electrical Contractor. E. Controls: Coordinate all control requirements and connections with Controls Contractor. F. Finish: Installing Contractor shall paint damaged and abraded factory finish with touch- up paint matching factory finish. END OF SECTION 11 15500 - 6 L_ Sp� R �� b � ✓i� � F6 3 to § . @ FP,• §$ 4 a 8 � F; F dAdg4 � gg ids 2 '$�� 4i � � i � i-p p,,, n�ng i R# aja g' a ga�zk�� a Iles ; a �� i g� S�II� n c � � � Y Q'� �R� �4ar �r� a@• p�prb��Q�li g� PkYq � �� �§f 4 5SI Ile _SB�Y��>3 b3-yi�= n,.g rya t ffi£ 86 Q� Hi 1 1 1 IRA i� l s I Ill m Y i _s SSWWAWWA A%WW A Q 44 0 fig X jig _R R _§ _R• R s ��� nA _rFl1 _ f !q D1 T i� Ill II I* II''� IN This Page Intentionally Left Blank 9 9 Clty Of Lubbock TEXAS ITB 12-10388-CI Addendum No. 2 ADDENDUM #2 ITB 12-10388-CI Chiller Replacement at Municipal Square DATE ISSUED: December 20, 2011 ORIGINAL CLOSE DATE & TIME: December 21, 2011 @ 2:00 P.M. NEW CLOSE DATE & TIME: December 22, 2011 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid 12-10388-CI. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please be advised: 1. The close date has been extended to: December 22, 2011 at 2:00 P.M. The specifications and drawings have been revised as follows and are attached to this addendum: 2. The Engineer's addendum number two is attached. All requests for additional infoination or clarification must be submitted. in yvriting and directed to City of Lubbock Corey Isaacs, Buyer Director of Purchasing & Contract Management P.O. Box 2000 Lubbock, Texas79457 Questions may be faxed to (806)775-2164 or Emailed to cisaacs@Mylubbock.us THANK YOU, Corey Isaacs, Buyer City of Lubbock Purchasing & Contract Management 1625 13th Street Lubbock, Texas 79401-3830 806-775-2168 Phone 806-775-2164 Fax cisaacs@,mylubbock.us It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Citv of Lubbock Director of Purchasine & Contract Manaeement if anv laneuaee, reauirements. etc.. or anv combinations thereof. inadvertently restricts or limits the requirements stated in this ITB to a sinele source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. This Page Intentionally Left Blank CITY OF LUBBOCK MUNICIPAL SQUARE CHILLER REPLACEMENT Agnew Associates, Inc. TBPE Firm F-1005 Project Number 1210051 DECEMBER 19, 2011 '%12/19/11 ITB 12-10388-CI Addendum No. 2 .......................... NATHAN R. AGNEW 91668: 12/19/11 NOTICE TO ALL BIDDERS: The following shall be incorporated in and become a part of the original Drawings and Specifications of the above identified project. Please acknowledge receipt of this Addendum by noting it on your Proposal. MECHANICAL ITEMS: Item 1. Refer the revised sheet Ml.l. ELECTRICAL ITEMS: Item 1. Add the attached specification section 16466 — Feeder Busway. Item 2. On the Drawings, Sheet E2.1, Clarification, the new switchboard "MSA" indicated under Bid Alternate No. Ishall be provided with metering as indicated in the specifications. Switchboard "MSB" indicated under Bid Alternate No. 2 does not require the metering. End of Addendum Two i E E IN I I 1t ii; ji _x i Rill"i o f 'I zhlu Q r r 8 jj ; a� 3R a•= c@= 6p B 3�G � $§Yz ad8d 9ggggaa ae g"a �-g' axpi ����3� @� Y�3 =� E82 S�8 sYbi S �L4L 8iE E13 R��td$ 1 1 0 6 ------------------- .__7. --------- r �__4 / 1 1 SECTION 16466 FEEDER BUSWAY 1.01 RELATED DOCUMENTS: ITB 12-10388-C1 Addendum No. 2 A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide catalog data for components and plug-in units. C. Shop Drawings: Submit complete installation drawings for review. Indicate ratings, dimensions and finishes. Include dimensioned layout diagram, installation details and locations of supports and fittings such as firestops and weatherseals. Include details of wall and floor penetrations. Indicate busway layout and support locations. D. Manufacturer's Instrugtions: Submit for review 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. Provide manufacturer's maintenance instructions. Include joint re -tightening schedule. 1.03 SCOPE: A. Description: The work shall include furnishing and installing all plug-in and feeder bus ways, together with all equipment, splices, connections, identification, and plug-in units. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSI/NFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.05 DELIVERY, STORAGE, AND HANDLING: A. General: Transport, handle, store, and protect products according to the Conditions of the Contract and Division 1 Specification Sections and in conformance with manufacturer's recommended practices as outlined in applicable Installation and Maintenance Manuals. 16466 - 1 ITB 12-10388-CI Addendum No. 2 B. Delivery: Accept delivery of busway on site. Deliver each busway section individually wrapped for protection and mounted on shipping skids. Inspect and report concealed damage to carrier within their required time period. C. Storage: 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. D. Handling: Handle in accordance with manufacturer's written instructions. Lift only with lugs provided for the purpose. Handle carefully to avoid damage to internal components, enclosure, and finish. 1.06 PROJECT CONDITIONS: I A. Field Measurements: Verify that field measurements are as shown on the Drawings, as r'l indicated on shop drawings and as instructed by manufacturer. B. Routing of Busway: Verify routing- and termination locations of busway prior to rough- 1 in. Busway routing is shown on the Drawings in approximate locations unless dimensioned. Route busway as required to meet Project Conditions. The contractor shall verify all site conditions and shall route as required to complete the busway system. 1.07 PROJECT RECORD DOCUMENTS: A. General: Submit Project Record Documents according to the Conditions of the Contract and Division 1 Specification Sections. B. As -built Drawings: Accurately record actual busway routing and location of plug-in units in project record documents. 1.08 ENVIRONMENTAL REQUIREMENTS: A. General: Do not install until building is closed in and suitable temperature conditions are controlled. Maintain suitable temperature and humidity conditions during and after] installation of busway. 1.09 SEQUENCING: A. General: Sequence work to avoid interferences with building finishes and installation of other products. PART 2 - PRODUCTS 2.01 MANUFACTURERS: 1 A. General: Plug-in and feeder busway shall be General Electric Spectra Series, Westinghouse Pow-R-way, Square D I -Line or approved equivalent. s� 16466 - 2 �3 ITB 12-10388-CI Addendum No. 2 2.02 INDOOR 13USWAY: A. Feeder Busway: NEMA BUl, 3 phase, 3 or 4 wire as shown on the drawings, totally enclosed, nonventilated type, low impedance busway, UL listed. Voltage rating as shown on the drawings. Ampere ratings as indicated on the drawings. B. Short Circuit Withstand: 200,000 symmetrical rms amperes. C. Conductors (Copper): Copper bars, fully insulated except at joints, full neutral. D. Ground Bus: Provide with 50 percent internal ground bus. E. Joints: Single bolt type, with silver-plated contact surface for bus and splice plate. F. Fittings: Manufacturer's standard elbows, equipment terminations, firestops, expansion fittings, spring mounted vertical riser supports, rigid floor supports, horizontal hangers, tap fittings, and flange fittings. G. Enclosure: Steel with manufacturer's standard gray enamel finish. PART 3 - EXECUTION 3.01 INSTALLATION OF BUSWAYS: A. General: Provide busways complete with all required factory fabricated fittings, offsets, housings, hangers, supports, expansion joints, cable tap boxes, plug-in devices and other accessories. B. Installation: Install busway level and plumb, according to manufacturer's written instructions, shop drawings and referenced standards. C. Joints: Tighten joints using a torque wrench, to manufacturer's specified values. Retighten joints after busways have been energized for 30 days. D. Expansion Joints: Provide expansion joints at locations shown and/or as recommended by busway manufacturer. Install busway length with expansion fitting at each location where busway run crosses building expansion joint with no more than 90 percent of the manufacturer's recommended distance between fittings. E. Mounting: Mount horizontal busway runs in flatwise or upright position as indicated on the drawings. F. Supports: Support busway independently from supports for other elements such as pipe, conduit, ceilings and ducts. Design each fastener and support to carry 200 pounds or 4 times the supported weight of the busway, whichever is greater. Support busway with not less than 3/8-inch steel rods. Install side bracing to prevent swaying or movement of busway. Modify supports after completion to eliminate strains and stress on bus bars and housings. Fasten supports securely to building structure. G. Equipment Connections: Support busway independent from equipment enclosure at connections to panelboards and switchboards. 16466 - 3 ITB 12-10388-CI Addendum No. 2 H. Horizontal Supports: Support busway at maximum 10 feet intervals. I. Vertical Supports: Where vertical runs of buswa r pp ys occur, provide sprang type hangers to support busway at each floor line. J. Terminations: Coordinate busway terminations to equipment enclosures to ensure proper phasing, connection, and closure. K. Connections: Connect busway and components to wiring system and to ground as indicated and as instructed by the manufacturer. Tighten connectors and terminals, including screws and bolts, according to equipment manufacture's published torque tightening values or as specified in UL Standard 486A. 3.02 ADJUSTING: A. General: Align busway runs vertically and horizontally to eliminate sags and twists. Provide additional stiffeners if required to restrict excessive movement. END OF SECTION J 16466 - 4 8 In I _A Contractor Checklist Meti,i- ,iii)u11116 ! your hRl, l,lea;e cn;ure \ou haVc cumhlcted and included the tullnW1111 documents ill tlfe order Ihc\- :u-e liter(. The contractor is only' to ;uhmit ( I ) one original unhuund cuhy ill' 0'er\ iteill h>icd. yPS Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. "Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. yes Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. r 3. yes Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. yes Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. ems- Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. ves Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 7. yes Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 8. yes Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 9. yes Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. Bruce Thornton Air Conditioning, Inc. (Type or Print Company Name) This Page Intentionally Left Blank 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 12. SPECIFICATIONS 3 This Page Intentionally Left Blank NOTICE TO BIDDERS ITB 12-10388-CI Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 P.M. on December 15th, 2011, or as changed by the issuance of formal addenda to all plan holders, to furnish all labor and materials and perform all work for the construction of the following described project: CHILLER REPLACEMENT AT MUNICIPAL SQUARE After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office 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 and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 P.M. on December 15th 2011 and the City of Lubbock City Council will consider the bids on January 26t , 2012, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all 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 $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. 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 ten (10) business days after notice of ! award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. The estimated budget for this project is $385,000. It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on December a at 10:00 A.M., in the Media Room at 916 Texas Avenue, Lubbock, Texas. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from http://www.bidsMc.com at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS ' may use computers available at most public libraries. a 4 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 and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall 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 require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Marta ACvarez DIRECTOR OF PURCHASING AND CONTRACT MANAGEMENT 9 GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Chiller Replacement at Municipal Square per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 P.M. on December 151h 2011 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #10-10388-CI, Chiller Replacement at Municipal Square 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: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non- mandatory nre-bid meeting will be held at 10:00 A.M., on December 6te, 2011 in the Media Room at 916 Texas Avenue, Lubbock. Texas. Please use the front entrance of the Police Department and if possible, please park on Texas Avenue or other designs, ted parking areas for public use. 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. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsyne.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most up blic libraries. 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 and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original ITB. 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 6 4 R received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. ' Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders 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 and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office 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 and Contract Management Office 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 bid closing date. 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. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. -A 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 7 j [ j is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 13 14 15 16 17 Corey Isaacs City of Lubbock Purchasing and Contract Management Office 1625 130' Street, Room 204 Lubbock, Texas79401 Fax: 806-775-2164 Email: CIsaacs@mylubbock.us Bidsync: www.bidsync.com TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 150 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, r software and firmware products delivered and services provided under this Contract, individually ( or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. - 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City 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. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 10 W 23 24 25 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. EXPLOSIVES 23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AND THE ENGINEER AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE 11 r 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 THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates 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 the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sunday 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 Sunday or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty 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 12 28 RA 30 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. PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name 29.3.2 Bid for "12-10388-CI, Chiller Replacement at Municipal Square" Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.4 Pursuant to Texas Local Government Code 252.043(g), 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 DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 13 31 OUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Lump Sum plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the Stale of Texas. In connection with. the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, _r 14 33 34 AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.gpo.gov/davisbacon/allstates.html 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 15 BID SUBMITTAL FORM This Page Intentionally Left Blank BID SUBMITTAL FORM LUMP SUM BID CONTRACT *****REVISED***** DATE: December 22, 2011 tT6 12-10388-CI, Chiller Replacement at Municipal Square Bid of Bruce Thornton Air Conditioning, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of "Chiller Replacement at Municipal Square" 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 bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. Item Description Lump Sum Amount No. 1 The project consists of replacing the current water-cooled chillers $ 432,000.00 with air-cooled chillers. Alternate ADD Bedties�3etete all work indicated on "Partial Eicctricut Riser ADD Diagram — Base m icated on sheet E2. t. Provide new ALT electrical switchboard "MSA" and associated work indicated on No I sheet E2. I as "Partial Electrical Riser Diagram — Bid Alternate No. 1." , Deduct: Delete all work indicated on "Partial Elcctrigaj Riser DEDUCT ALT 1TtaQm-13a§e13i indicated on sheet E2A. Provide new electrical switchboard "MSB" and associated work indicated on $(- 47,000.00 ) No 2 sheet E2.1 as "Partial Electrical Riser Diagram — Bid Alternate No. 2." $385,000 Bidder's Initials t t Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within One -Hundred Fifty (150) 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 Two -Hundred Fifty Dollars ($250) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SIXTY (60) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to ; commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on - which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and _ execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bidder's Initials 3 1 Enclosed with this bid is a Cashier's Check or Certified Check for -------------------------------------- Dollars ($-------------) or a Bid Bond in the sum of Yo nr 310 ltmnun't 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 fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said 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 Date: December 21 2011 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 Authorized Signature MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR Scott Bunting Vice President TO BID OPENING. (Printed or Typed Name) NI R C (Seal if Bidder is a Corporation) VOS�L�F'�= ! ATTEST: Ex i 1979 Z ri (� �. TE'XP5 �•���: Secreta �d♦u•.� a. Bidder acknowledges receipt of the following addenda: Bruce Thornton Air Conditioning, Inc. Company 128 Slaton Road Address Lubbock Lubbock City, County Texas 79404 State Zip Code Telephone: 806 - 745-7944 Fax: 806 - 745-3071 Addenda No. 1 Date 12/08/11 FEDERAL TAX ID or SOCIAL SECURITY No. Addenda No. 2 Date 12 20 11 75-1636013 Addenda No. Date Addenda No. Date EMAIL: scottb@btacinc.com MIWBE Firm: Black American Native American Woman Hispanic American Asian Pacific American Other (Specify) 4 I This Page Intentionally Left Blank I I I I I is � : • � I I I This Page Intentionally Left Blank H I I 1 I' . t_ a Bid Bond Surety Department KNOW ALL MEN BY THESE PRESENTS, That we, Bruce Thornton Air Conditioning, Inc., as Principal, hereinafter called the Principal, and the Travelers Casualty and Surety Company of America, a Corporation created and existing under the laws of the State of Connecticut, whose principal office is in Hartford, CT, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Lubbock, Texas, as Obligee, hereinafter called the Obligee, in the sum of Five percent (5%) of the amount bid Dollars ($------------ ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for Chiller Replacement at Municipal Square ITB# 12-10388-CI, Contract # 10388, Project Number : 91160 NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger.amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of December , A.D. 2011. Witness: Witness: Forms 5-3266-4 Printed in U.S.A. 12-70 Bruce Thornton Air Conditional' g„,,,,, Inc. _.1,'"0nt1 AIR (Title) Travelers Casualty and Surety �h (SEA. r,) I This Page Intentionally Left Blank I I I I 1 OF ATTORNEY IS INVALID POWER OF ATTORNEY TRAVELERS, Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 221 081 Certificate No. 002926819 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Tracy Tucker, Tobin Tucker, Lawrence Brown, and Kevin J. Dunn of the City of Fort Worth , State of Texas , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of -guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of April 8th Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty insurance Company; ' ` St. Paul Mercury Insurance Company Fidelity and Guaranty InsuranceUnderwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 6l St/.tl snerY ytiRE sy `*M, IygG ei /NS4q' dN'3Y Ahpq �� �y� b►'y . �r � � �OFNfa `' '�AANCE dfS. AN�a v1 `'^�^.r�+ rjr N�►� � • , � b„ o e AIN State of Connecticut City of Hartford ss. By: 94.1" — Georg Thompson, U-1 ce President On this the 8th day of April 2009 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,TET In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. # p�"p �s 58440-5-07 Printed in U.S.A. Marie C. Tetreault. Notary Public OF ATTORNEY IS INVALID WITHOUT THE RED rt:9. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety,Cornpany of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power. of Attorney 4xecuted by_said'Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed tht Seals of said Companies this , day of STYI, 20 n D Kori M. Johansc6/Assistant 9ocr$tt y: pI.BU,�� p}n•• $t�ij{IAF4 �*M IRSG t1NSUq �,LYY Aya 0AWe To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the belrnv identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I wil t be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificnte to the City meeting all of the requirements defined in this bid. Contractor {Original Signaturey Contractor (Print) CONTRACTOR'S FIRM NAME: Brace Thornton Air Conditioning, Inc. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 128 Slaton Road Lubbock, Texas 79404 Nnme of Agent/Broker: / Broker Address of Agent/Broker: Agent/Broker Telephone Number. () Date: I �- S I k NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. if you have any questions concerning these requirements, please contact the Purchasing and Contract Management Office for the City of Lubbock at (806) 775-2572. BID # 12-10388-CI -- Chiller Replacement at Municipal Square ri CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder and Agent Must be submitted with Bid 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 ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. Sah`/3�r,��n • Contractor (Original Sign ure) Contractor (Print) CONTRACTOR'S FIRM NAME: Bruce Thornton Air Conditioning, Inc. (Print or Type) CONTRACTOR'S FIRM ADDRESS: 128 Slaton Road Lubbock, Texas 79404 Name of Agent/Broker: s k nn0 s sec.�ol�vS ins r, PLC. Agent / Broker (Signature) Address of Agent/Broker: 103. -Za aA Sf., *to City/State/Zip: LAhaek (( Y -7 9142 L% Agent/Broker Telephone Number: (� (� )_'"j 7 - a-3 Date: 12 f6.1 1 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing and Contract Management Office for the Cit3r of Lubbock at 775-2572. BID # 12-10388-CI — Chiller Replacement at Municipal Square SAFETY RECORD QUESTIONNAIRE The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section - 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or death. d. Any. other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES X NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. Date of offense: 10/18/2010 Location: Private Residence JVBidder's Initials Catagory: Serious / Reduced Initial Penalty: $3825.00 Reduced to $2295.00 Final Disposition: Settlement 03/08/11 i t' i_ QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm; corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO X If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? fl YES NO X 1 If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature Vice President Title I SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $50,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Bruce Thornton Air Conditioning, Inc. FEDERAL TAX ID or SOCIAL SECU TY No. 75-1636013 Signature of Company Official: Printed name of company official signing above: Scott Bunting - Vice President Date Signed: December 21, 2011 3 This Page Intentionally Left Blank LIST OF SUB -CONTRACTORS This Page Intentionally Left Blank BID # 12-10388-Cl — Chiller Replacement at Municipal Square LIST OF SUB CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. Johnson Controls Lubbock, TX Temperature Controls ❑ 30 2. Advancetech Insulation Lubbock, TX Pipe Insulation ❑ 9 3. Dent Electric (Base Bid) Lubbock, TX Electrical ❑ 4. SPS Electric (if alt's accepted) Lubbock, TX Electrical ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. Q ❑ 14. `❑ ❑ 15. ❑ ❑ 16. ❑ ❑ Company Bruce Thornton Air Conditioning, Inc. Address Lubbock Lubbock City, County Texas y 79404 State Zip Code Telephone: 806 - 745-7944 Fax: 806 -- 743--3D71— THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO 2 This Page Intentionally Left Blank PAYMENT BOND This Page Intentionally Left Blank Bond No. 105371704 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Bruce Thornton Air Conditioning. Inc. (hereinafter called the Principal(s), as Principal(s), and Travelers Casualty and Surety Company of America (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 Three Hundred Eighty -Five Thousand Dollars ($385,000) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 91h day of February, 2 112, to BID 12-10388-CI- Chiller Replacement at Municipal Square and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 16th day of February 2012. Travelers Casualty and Surety Company of America Bruce Thornton Air Conditioning, Inc. Surety (Company Name) *BY' By:- -(Title) Kevin . unn, Attorney -In -Fact (Prin d Na ) (Signature) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn 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. Travelers Casualty and Surety Company of America Surety (Title) Ke n J. Dunn, torney-In-Fact Approved as to form: City of L b+ By: City Attorney * Note: If signed by an Office 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. 6 19 DI R-M: ► r��t This Page Intentionally Left Blank Bond No. 105371704 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Bruce Thornton Air KNOW ALL MEN BY THESE PRESENTS, that Conditioning, In .(hereinafter called the Principal(s), as Principal(s), and Travelers Casualty and Surety Company of America (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 Three Hundred Eight -Five Thousand Dollars ($385,000) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9`h day of February, 2012, to BID 12-10388-Cl- Chiller Replacement at Municipal Square and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 16th day of February , 2012. Travelers Casualty and Surety Company of America Bruce Thornton Air Conditioning, Inc. Surety (Company Name) * By: By: 6Co 0 z3U,2 7-117 G (Title) evin unn, (PrintedName) A ney-In-Fact _ (Signature) (Title) 2 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin J. Dunn 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. Travelers Casualty and Surety Company of America Surety (Title) Kgoln J. Dunn, Attorney -in -Fact Approved as to korm City of u ck By: City Attorney * Note: If signed by an Office 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. 3 ATTORNEY IS INVALID WITHOUT THE RED BORDER Agalk POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 221081 Certificate No. 002926826 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Tracy Tucker, Tobin Tucker, Lawrence Brown, and Kevin J. Dunn of the City of Fort Worth , State of Texas , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 8th day of April 2009 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company OhS4A1 $����'�'"''yy SWaf%y yFIRE ,t \*N.•�NSG ''l•,�Vq `V. PItY ANO Y p•`'oF'P.Oq��rc c3'� { Yle�y� e _ �'i RO:• •.9> ;..........q,7,� pqJ a� ,�NN�Fry� 4�pF�'w0 t982e'o 1�7!! 1961 4 9E �CORPWRA>'S f 0R pORPORAT Y D 'i9rJ1 IPA, � 7;SE1tGi0� �;SEJLL;3 % WNN. o WW1. ? Nq t896 y i 1, i * QF SV�ANCEG Nr.....:;'a ..•. t fad yb yp ,�Q State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 8th day of April 2009 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,TlT In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. p!/86�G * Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1. i 16th day of February 2012 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety, Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this Kori M. Johans Assistant Secretary �7G+gppSU.� SUflETj• F:pE 6 �,N �N '!{ JP......_!!NS Ry`',. 9JP os tfAa+mA!• ��,$(YAKp O Qo �LoavortA>'s �. POo• � 9 s Zy`'hVE�tY' p 7C '19!/ � 192! 'a m: ZE -.- .nt a HAFRFOflD. < tlAfiffON0. � O 4 a 1951 m � �;SEALfo� 'a�S8gy;3 � CONN. c OWu+. �� N t896 ,r•, Y • F ANEW MANGE jy.M AHV ty ...... T� 61 • •�a • 'P' Atiti� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. IS INVALID WITHOUT THE RED BORDER IMPORTANT NOTICE To obtain information or make a complaint You may call Travelers Casualty and Surety Company of America and its affiliates' toll - free telephone number for information or to make a complaint at 1.800.328-2189 You may contact the Texas Department of Insurance to obta in information on companies, coverages, rights or complaints at: 1-800.252-3439 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: hfp://www.tdi.state.tx.us E-mail: Cons umerProtection@,tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first; If the dispute is not resolved, you may contact the Texas Department of insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not be come a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. , (PN-04249) Ed.10.18.07 i CERTIFICATE OF INSURANCE This Page Intentionally Left Blank AiC�Y R Iry CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDONYYY) 1/5/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sanford &Tatum Insurance Agency 6303 Indiana Ave. P.O. BOX 64790 Lubbock TX 79464 NAMEACT Tammie Manley PHONE (806)792-5564 FAXAICAJC (806)792-9344 E-MAIL .manleyt@sanfordtatum.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:TeXas Mutual Insurance Co. 22945 INSURED Bruce Thornton Air Conditioning, Inc. 128 Slaton Rd. Lubbock TX 79404 INSURERS: INSURERC: INSURERD: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:2012/2013 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE DOCCUR EACH OCCURRENCE $ DAMAGE TO R PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEWL AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS MBINED I LE LIMIT n BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAS EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If DESCdescribe under RIPTION OF OPERATIONS blow NIA SF-0001172761 0/1/2011 0/1/2012 X WC STATU- OTH- LIM E.LEACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THE WORKERS COMP POLICY INCLUDES A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT THAT PROVIDES THIS FEATURE ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED AND THE CERTHIFICATE HOLDER THAT REQUIRES IT. (806)775-3267 City of Lubbock P.O. BOX 2000 LUBBOCK, TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Sanford/TJM ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025001nn51.01 Tha !Ss^npn nama anrt Innn ara raniatararl mark¢ of OCARII No Text S WORKERS' COMPENSATION ANO EMPLOYERS LIABILITY INSURANCE POLICY WC420304A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown in Item 3.A. of the information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily Injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown In the Schedule. Schedule Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be__ _ 2.00 percent of the premium developed on payroll In connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which It is attached effective an the fncepifon date of the policy unless a different date Is Indicated below. (The following "attaching douse" need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 AM, standard time, farms a part of Policy Na. TSF-000117279 t 20111001 of the Texas Mutual Insurance Company Issued to BRUCE THORNTON AIR CONDITIONING INC Endorsement No. Premium $ —101 01Fr /ll---� Authorized Representative WC420304A (ED.1.01-24Dt1) AGENT'S COPY AAPAViA 9-28-2011 No Text AC40ROFCERTIFICATE OF LIABILITY INSURANCE DATE(MI44DOlY �-�--' .1 12/6/201 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Ashmore & Associates Insurance Agency, LLC 6102 82nd Street CAOMTE�CTCOMMCSR02 PHONE (806)771-4368 FAX I :(806)771-C382 E•M I Bldg. # 6 Lubbock TX 79424 INSURERS AFFORDING COVERAGE NAIC 8 INSURERA:United Fire & Casualty 13020 INSURED INSURER 8 : Bruce Thornton Air Conditioning, Inc., INSURERC: DBA BTAC INSURER D : 128 Slaton Road Lubbock TX 79404 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER:11/12 Aut, GL, Umb REVIRIAN NIIIURt`R• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF 1 POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 85311617 0/1/2011 0/1/2012 > 6R U PREMISES E cc rn, $ 50,000 MED EXP (Any oneperson) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC X POLICY JEc PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NONWNED HIRED AUTOS 85311617 0/1/2011 0/1/2012 COMBINED SINGLE LIMIT 11000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident) $ PROPERTYDAMAGEDAMAGE er accident) $ Blanket Additional Insureds $ X UMBRELLALIAB OCCUR EACH OCCURRENCE $ 5, 000, O00 AGGREGATE $ 5,000,000 A EXCESS LIAR CLAIMS -MADE DED I X I RETENTION 1 10,00 $ 5311617 0/1/2011 0/1/2012 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICEMMEMBEREXCLUDED? N/A WC STATU• OTH- E.L. EACH ACCIDENT — $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) Certificate Holder is listed as Primary Additional Insured with a Waiver of Subrogation on the General Liability (CG71 52 05 06) and Automobile Liability (CA 71 09 01 06) as required by written contract per the forms attached. 1775-2167 City of Lubbock P.O. Box 2000 Lubbock, TX 79453 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ashmore/BRENDA amlll M%'%inu'C;1 truly/va/ 01983-2010 ACORD CORPORATION. All rights reserved. INS025 (2oloos).o1 The ACORD name and logo are registered marks of ACORD No Text K INSURANCE AGENCY, LLC Attached is a new certificate of insurance for our client. We have issued our certificate to come as close to your requirements as possible. If copies of the applicable endorsements are not attached they have been ordered from the carrier and will be forwarded upon receipt. Special wording on certificates of insurance have become a concern in our industry and are increasingly more difficult to issue. Part of the problem is the requested wording may not conform with actual policy terms and conditions on the forms the carrier has filed with the State and/or is taking policy language out of context. Insurance companies have restricted agents from putting policy language on certificates of insurance to prevent any misunderstandings. We cannot mark through wording on the accord certificate of insurance as it is a copyrighted document. We can include (or our policy does include) a 30 day notice of cancellation, except 10 days for non-payment. Copy enclosed for your review if applicable. Any description of the insurance coverages are subject to the terms, conditions, exclusions and other provisions of the policies and any applicable regulations, rating rules or plans. In compliance with Texas Law, this Certificate of Insurance neither amends, extends, or alters any term or condition of the coverage afforded by the polices referenced on the form. As stated on the attached certificate `THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVES OR PRODUCERS, AND THE CERTIFICATE HOLDER." 6102 82"d Street Bldg #6 Lubbock, TX 79424 806-771-4368 phone 806-771-4382 fax No Text CG 7152 05 06 ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. • Coverage for non -owned watercraft is extended to 51 feet in length • Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate • Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $600 Deductible • Product Recall Expenses $25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible • Water Damage Legal Liability - $25,000 • increase in Supplementary Payments: Bail Bonds to $1,000 and Loss of Earnings to $500 • For newly formed or acquired organizations - extend the reporting requirement to 180 days Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You • Automatic Additional Insured - Vendors • Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You • Automatic Additional Insured - Managers or Lessor of Premises • Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured ' Additional Insured - Employee Injury to Another Employee ' Primary Additional Insured ` Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage ' Automatically included - Aggregate Limits of Insurance (per location) ' Automatically included - Aggregate Limits of Insurance (per project) • Knowledge of occurrence - Knowledge of an "occurrence", "claim" or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee ` Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to coiled additional premium or exercise our right of cancelation or non -renewal. • Liberalization Condition Mobile equipment to include snow renewal, road maintenance and street cleaning equipment less than 1,000 ibs GVW ' Blanket Waiver of Subrogation Property Damage - Borrowed Equipment • Property Damage Liability - Elevators Bodily injury Redefined • Extended Property Damage • Damage to Media Legal Liability - $50,000 REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 16 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 71 52 05 06 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 15 No Text CG 71 52 05 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION 1- COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY The Following changes are made to 2. Exclusions: Extended Property Damage Exclusion 2.a., Expected or Intended Injury is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property. Extended Watercraft Coverage Exclusion 9.(2) is deleted and replaced by the following: g.(2) A watercraft you do not own that is: (a) Less than 51 feet long; (b) Not being used to carry persons or property for a charge; Property Damage Liability - Borrowed Equipment The following is added to Exclusion j.: Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $26,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. Property Damage Liability - Elevators The following is added to Exclusion j.: Under paragraph 2. Exclusions of Coverage A. "Bodily Injury" and "Property Damage" Liability Paragraphs 3, 4 & 6 of this exclusion do not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage' is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. CG 71 52 05 06 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 15 No Text 13 CG 7152 06 06 The last paragraph of Item 2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in Section III - limits of Insurance. THE FOLLOWING COVERAGES ARE ADDED: Voluntary Property Damage Coverage The insurance provided under Coverage A (Section 1) is amended to include "property damage" to property of others caused by the insured: a. While in your possession; or b. Arising out of "your work". Coverage applies at the request of the Insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: 1. Exclusion J. Damage to Property under Coverage A (Section 1) is deleted and replaced by the following: J. Damage to Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. Care, Custody and Control Property Damage Coverage For the purpose of this Care, Custody and Control Property Damage Coverage only: 1. Item (4) of Exclusion ). of Coverage A (Section 1) does not apply. COVERAGE M. DAMAGE TO MEDIA LEGAL LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of damage to "electronic data" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for 'electronic data" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 15 No Text CG 7152 OS 06 (1) The amount we will pay for damages is limited to $50,000. (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this coverage or any other applicable coverage or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to damages to "electronic data" only if: (1) The damage to "electronic data" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The damage to "electronic data" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1, of Section It - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the damage to "electronic data" had occurred, In whole or in part. if such a listed insured or authorized "employee" knew, prior to the poffcy period, that the damage to "electronic data" occurred, then any continuation, change or resumption of such damage to "electronic data" during or after the policy period will deemed to have been known prior to the policy period. c. Damage to "electronic data" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that damage to "electronic data' after the end of the policy period. d. Damage to "electronic data" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1 of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence' or claim: (1) Reports all, or any part, of the damage to "electronic data" to us or any other insurer, (2) Receives a written or verbal demand or claim for damages because of the damage to "electronic data"; or (3) Becomes aware by any other means that damage to "electronic data" has occurred or has begun to occur. 2. Exclusions This insurance does not apply to: a. Expected Or intended Injury Damage to "electronic data" expected or intended from the standpoint of the insured. b. Contractual Liability Damage to "electronic data" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 15 No Text CG 71 52 05 06 c. Pollution Damage to "electronic data" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". d. Aircraft, Auto, Watercraft or Mobile Equipment Damage to "electronic data" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any Insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition or stunting activity. e. War Damage to "electronic data" however caused, arising directly or indirectly, out of: (1) War, including undeclared or civil war, (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. C Damage To Property Damage to "electronic data" that is: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Property loaned to you; (3) Personal property in the care, custody or control of the insured; (4) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (5) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. g. Damage To Your Product Damage to "electronic data" In "your product" or arising out of It or any part of it. IN. Damage To Your Work Damage to "electronic data" in "your work" arising out of it or any part of it and included in the "products - completed operations hazard". CG 7152 06 06 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 15 No Text CG 7152 OS 06 I. Damage To Impaired Property Or Property Not Physically Injured Damage to "electronic data" in "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. J. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: 0) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. k. Personal And Advertising Injury Damage to "electronic data" arising out of "personal and advertising injury". COVERAGE R. PRODUCT RECALL EXPENSE 1. Insuring Agreement a. We will pay 90% of "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. b. We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fad, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 1s No Text CG 71 52 05 06 d. Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. "Bodily injury' or "property damage". g. Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. h. Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. 1. Legal fees or expenses. J. Damages claimed for any loss, cost or expense Incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. COVERAGE W - WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage W (Section 1) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS; and Items 1.b. and 1.d are amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the Investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II - BROAD FORM NAMED INSURED 1. Section II — Who is An Insured is amended to include as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. 2. For the purpose of the coverage provided by this provision only, the following is added to Condition 4.b. Excess Insurance, under Section IV - Commercial General Liability Conditions: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an Insured solely by reason of ownership by you of more than 50 percent of the voting stock. 3. This provision does not apply to a policy written to apply specifically In excess of this policy. CG 71 62 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Pago 7 of 15 No Text CG 7152 OS 06 Item 4.a. Is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. The following are added: 5. Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required In Construction Agreement With You a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. S. Additional Insured - Vendors Any person or organization (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products", which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor, (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (6) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; CG 7152 06 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 15 No Text CG 71 52 05 06 (7) Products which, after distribution or sate by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part of container, entering into, accompanying or containing such products. 7. Additional Insured - Lessor of Leased Equipment - Automatic Status When Required in Lease Agreement With You a. Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured, but only with respect to your liability arising out of the maintenance, operation or use of such leased equipment, which may be imputed to that person or organization as the lessor of equipment. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: (1) To any "occurrence" which takes place; (2) To "bodily injury" or "property damage" arising out of the sole negligence of such person or organization. 8. Additional Insured - Managers or Lessors of Premises Any person or organization, but only with respect to the liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to any: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any person or organization. 9. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Coverage is provided only when the insured is contractually required to add the engineer, architect or surveyor. Coverage is provided with respect to your liability for "bodily injury" or "property damage' or 'personal and advertising injury" directly arising out of: a. Your ads or omissions; or b. Your acts or omissions of those acting on your behalf; In the performance of your ongoing operations for that additional insured(s). 10. Additional Insured - Employee injury to Another Employee With respect to your "employees" who occupy positions which are supervisory In nature: Paragraph 2.a.(1) of this section is amended to read: CG 7152 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 15 No Text CG 7152 05 06 (1) "Bodily injury' or "personal and advertising injury' a. To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or c. Arising out of his or her providing or failing to provide professional health care services. Paragraph 3.a. is deleted. For the purpose of this Item 10 only, a position is deemed to be supervisory in nature if that person performs principal work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. 11. Primary Additional Insured A. Commercial General Liability Conditions (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the following: 4. Other insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insurance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk, or similar coverage for "your work% (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3 That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner, or (4) If the loss arises out of the maintenance or use of aircraft, "autos", or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury and Property Damage Liability; or (5) That Is available to the insured when the insured is an additional insured under any other policy, Including any umbrella or excess policy. CO 71 52 06 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 16 No Text 13 Ct3 71 52 05 06 When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other insurance" has a duty to defend the insured against that "suit". If no provider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance. When this insurance is excess over 'other insurance% we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insurance provision. c. Method of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the "other insurance' does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all providers of insurance. B. For the purposes of this insurance coverage provided by this Item 11 only, the following definition is added to DEFINITIONS (Section V): "Other Insurance': a. Means insurance, or the funding of tosses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non -cumulation of Each Occurrence Limit section of Paragraph 5 LIMITS OF INSURANCE (Section 111) or the Non -cumulation of Personal and Advertising Injury limits sections of Paragraph 4 of LIMITS OF INSURANCE (Section III) applies; (3) Any risk retention group; (4) Any self-insurance method or program, other than any funded by you and over which the Coverage Part applies; or (5) Any similar risk transfer or risk management method. b. Does not include umbrella insurance, or excess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. CO 71 52 06 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 15 No Text CO 71 52 05 06 SECTION III - LIMITS OF INSURANCE Items 2, 3, and 6 are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of. a. Medical expenses under Coverage C; b. Damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; c. Damages under Coverage B; and d. Damages under Coverage W. 3. The Products -Completed Operations Aggregate Limit is the most we wig pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage R. S. Subject to 5. above, the Damage to Premises Rented to You limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. The following are added: 8. Subject to 5. above, $25,000 is the most we will pay for Under Coverage W for Water Damage Legal Liability. 9. Coverage R - Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $26,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recalr you initiate during the endorsement period. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 15 No Text M CG 71 52 05 06 12. Subject to 5. above, a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Voluntary Property Damage Coverage. 13. Subject to S. above, a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Care, Custody and Control Coverage regardless of the number of. a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS Condition 2., Items a. and b. are deleted and replaced by the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses, and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. Condition 2.c.(5) is added: (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. CG 71 62 05 06 Includes copyrighted material of insurance Services Office, Inc., with Its permission. Page 13 of 16 No Text CG 71152 05 06 Conditions 10., 11. and 12. are added: 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. 11. If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. The following conditions are added in regard to Coverage R - Product Recall Expense In event of a "product recall", you must 1. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". 2. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. 3. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. 4. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. S. Cooperate with us in the investigation or settlement of any claim. 6. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of toss to which this insurance applies. SECTION Y - DEFINITIONS At Item 12. Mobile Equipment the wording at f.(1) is deleted and replaced by the following: f.(1) Equipment designed primarily for. (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; except for such vehicles that have a gross vehicle weight less than 1000 Ibs which are not designed for highway use. CO 7162 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 14 of 16 No Text 13 CG 7152 05 06 The following definitions are added for this endorsement only: 3. Bodily Injury Redefined. Under V - Definitions, definition 3. is deleted and replaced with the following: 3. "bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical Injury, sickness or disease. 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall' means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and (2) Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if 'your product" is unfit for use or consumption, or is hazardous as a result of. - (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. 25. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense Incurred for temporary locations used to store recalled products. (6) Expense incurred to property dispose of recalled products, including packaging that cannot be reused. (7) Transportation expenses incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". CG 71 52 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 15 of 15 No Text CA 7109 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE INDEX Descriptio n Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE I BROAD FORM INSURED 1 EMPLOYEES AS INSUREDS 2 ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT OR PERMIT 2 AMENDED FELLOW EMPLOYEE EXCLUSION 2 TOWING AND LABOR 2 PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 EXTRA EXPENSE -THEFT 3 RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE 3 PERSONAL EFFECTS COVERAGE 4 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 4 AIRBAG ACCIDENTAL DISCHARGE 4 AUTO LOAN/LEASE TOTAL LOSS PROTECTION ENDORSEMENT 4 GLASS REPAIR — DEDUCTIBLE AMENDMENT 5 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 5 WAIVER OF SUBROGATION REQUIRED BY CONTRACT 5 UNINTENTIONAL FAILURE TO DISCLOSE 5 HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE 5 EXTENDED CANCELLATION CONDITION 6 The COVERAGE INDEX set forth above is Informational only and grants no coverage. Terms set forth in (Bold halics) are likewise for Information only and by themselves shall be deemed to grant no coverage. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL B. BROADENED LIABILITY COVERAGES DAMAGE SECTION I —COVERED AUTOS, paragraph C. Certain SECTION If — LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who is An Insured is Trailers, Mobile Equipment and Temporary include the following: amended to Substitute Autos is amended by adding the following at the end of the existing language: (Broad Form Insured) If Physical Damage Coverage is provided under this d. Any legally Incorporated subsidiary in which you Coverage form for an "auto" you own, the Physical own more than 50% of the voting stock on the Damage coverages provided for that owned "auto" are effective date of the Coverage Form. However, the extended to any "auto" you do not own while used with Named Insured does not include any subsidiary that the permission of its owner as a temporary substitute for is an "insured" under any other automobile policy or the covered "auto" you own that Is out of service would be an "Insured" under such a policy but because of its breakdown, repair, servicing, "loss", or for its termination or the exhaustion of its Limit destruction. of Insurance. CA 71 09 0106 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 No Text 0 S e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limit of Insurance under any other policy, or (4) 180 days or more, after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. (Additional insured Status by Contract; Agreement or Permit) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage". The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the location(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section 11. C. Limits of Insurance. For any covered "auto" you own this Coverage Form provides primary coverage. CA 7109 01 06 C. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your "employees" who occupy positions which are supervisory in nature, SECTION II. LIABILITY B. Exclusion S. Fellow Employee is replaced by: S. Fellow Employee "Bodily Injury": (a) To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (b) To your "executive officers" and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; (c) For which there is an obligation to share damages with or repay someone else who must pay damages because of the Injury described in paragraph a and b above; or (d) Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer, direct, discipline or discharge. D. BROADENED PHYSICAL DAMAGE COVERAGES SECTION III — PHYSICAL DAMAGE COVERAGE Coverage is amended as follows: (TOWING AND LABOR) 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, `light truck" or "medium truck" is disabled: (a) For private passenger type vehicles or "light trucks" we will pay up to $75 per disablement. "Light trucks' have a gross vehicle weight (GVW) of 10,000 pounds or less. CA 7109 01 06 Includes Copyrighted material of insurance Services Office, Inc., with its permission. Page 2 of 6 No Text (b) For "medium trucks" we will pay up to $150 per disablement. "Medium trucks" have a gross vehicle weight (GVW) of 10,001 lbs. to 20,000 pounds. However, the labor must be performed at the place of disablement. (PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE) 4. Coverage Extensions a. Transportation Expense is amended to provide the following limits: We will pay up to $50 per day to a maximum of $1,000. All other terms and provisions of this section remain applicable. (EXTRA EXPENSE. THEFT) The following language is added to 4. Coverage Extensions: C. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that Is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension Is $5,000. (RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto" of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type for which Physical Damage coverages apply. (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this coverage. CA 7109 01 06 (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto." if "toss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses Incurred; or (b) $35 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which Is not already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. (PERSONAL EFFECTS COVERAGE) e. Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is wom or carried by an "insured". Personal Effects does not Include tools, Jewelry, guns, musical instruments, money, or securities. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 No Text (AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE) (Deletion of Audio Visual Equipment Exclusion) f. Audio, Visual and Data Electronic Equipment Coverage. We wig pay for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment Is permanently installed in a covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently Installed in a covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auWs" electrical system, in or upon the covered "auto." (1) We wig pay with respect to a covered "auto" for 'loss" to any accessories used with the electronic equipment described above. However, this does not include tapes, records or discs. (2) In addition to the exclusions that apply to Physical Damage Coverage with exception of the exclusion relating to audio, visual and data electronic equipment, the following exclusions also apply: (3) We will not pay for any electronic equipment or accessories used with such electronic equipment that are: (a) Necessary for the normal operation of the covered "auto" for the monitoring of the covered "autds" operating system; or (b) Both: An Integral part of the same unit housing any sound reproducing equipment designed solely for the reproducing of sound if the sound reproducing equipment is permanently installed in the covered "auto"; and Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. CA 71 09 0106 (4) With respect to this coverage, the most we will pay for all "loss" of audio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: (a) The actual cash value of the damaged or stolen property as of the time of the "loss"; (b) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or $1,000; minus a deductible of $100. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of loss. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. If there is other coverage provided for audio, visual and data electronic equipment, the coverage provided herein is excess over any other collectible insurance. (AIRBAG ACCIDENTAL DISCHARGE) D. SECTION III — PHYSICAL DAMAGE COVERAGE, S. Exclusions is amended as follows: The following language is added to Exclusion 3.: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. E. AUTO LOANA_EASE TOTAL LOSS PROTECTION SECTION Ill — PHYSICAL DAMAGE COVERAGE — C, Limit of Insurance is amended by adding the following language: 4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the "loss" to a loan or lease, we will pay any unpaid amount due on the lease or loan for a covered "auto" less: CA 71 09 0106 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 No Text 0 a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease / loan payments at the time of the "loss' (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor, (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. (GLASS REPAIR —DEDUCTIBLE AMENDMENT) Under D., Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage If the damaged glass is repaired, rather than replaced. F. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS, Subsection A., Loss Conditions , the following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident," "Claim," "suit" or "loss" will be deemed knowledge by you when notice of such "accident," "claim," "suit" or "loss" has been received by: (1) You, if you are an Individual; (2) Any partner or insurance manager If you are a partnership; (3) An executive officer or insurance manager, If you are a corporation; CA 7109 0106 (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or Insurance manager, if you are a not -for -profit organization. G. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage." H. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV — BUSINESS AUTO CONDITIONS, Subsection B. General Conditions, the following is added to 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, oe failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. 1. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV — BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is replaced by the following: b. (1) For "Comprehensive" and "Collision" Auto Physical Damage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any Covered "auto" you lease, hire, rent or borrow; and CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 ; ii (b) Any Covered "auto" hired or rented by your "employee" under a contract In that Individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver Is not a covered "auto" (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $50,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. minus a $500 deductible. An adjustment for depredation and physical condition will be made In determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. CA 7109 01 06 (3) This Hired Auto Physical Damage coverage is excess over any other collectible Insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and, "loss" caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. J. EXTENDED CANCELLATION CONDITION A. Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.1b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason CA 71 09 0106 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 $, f � a POLICY NUMBER: CA 7130 0510 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OR INTEREST ENDORSEMENT- PRIMARY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM Under Section 11 LIABILITY COVERAGE, WHO IS AN INSURED is changed to include as an "insured" the person or organization named below. This additional insured endorsement only applies when the person or organization shown below is held liable for the conduct of the "Insured" and then only to the extent of that liability. For any covered "auto" you own this Coverage Form provides primary coverage. This endorsement does not extend or alter any other condition or limit under this policy. Name of Person or Organization: Interest: (If no entry appears above, information required to complete this endorsement will be shown in the Supplemental Declarations as applicable to the endorsement.) CA 7130 0510 Page 1 of 1 4; , 0 f� i . t CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Room 204 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ • Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY n Any Auto Combined Single Limit $ n All Owned Autos Bodily Injury (Per Person) $ tl Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ' ❑ Non -Owned Autos GARAGE LIABILITY n Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ • BUILDER SRISK n I00% of the Total Contract Price $ ❑ INSTALLATION FLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ n Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ n Included Statutory Limits Partners/Executive n Excluded Each Accident $ Offices are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. It shall be the contractor's responsibility to provide the owner all proof of coverage insurance documents Including worker's compensation coverage for each sub -contractor. The additional insured endorsement shall include products and complete operations. e� - 1, Vim This Page Intentionally Left Blank 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: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. This Page Intentionally Left Blank 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." "Call the Texas Workers' Compensation Commission at 512-305-7238 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. r This Page Intentionally Left Blank CONTRACT This Page Intentionally Left Blank CONTRACT NO. 10388 STATE OF TEXAS COUNTY OF LUBBOCK TIES AGREEMENT, made and entered into this 9th day of February, 2012, 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 Bruce Thornton Aar Conditioning, Incorporated of the City of Lubbock County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 12-10388-CI — Chiller Replacement at Municipal Square 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 Conditions of Agreement. Bruce Thornton Aar Conditioning. Incorporated's bid dated December 22, 2011 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. _J t . Wj -&UG 2n�?ll�e/ �/Z l Ol64770N/N6 //�G By: PRINTED NAME: / G TITLE: FP COMPLETE ADDRESS: Company 4K ® o /r`11Vf Address / S 6 City, State, Zip ATTEST: n Corporate Secr&ary ` U CITY OF LUBBOCK, TEXAS (OWNER): By: MAYOR ATTEST: CitiSeketary APPR VED AS O CONTENT: J'� act Wesley Everett, Director of Facilities Management Mark Vearwood; CIO, Assistant City Manager APERO D ASA FORM: City Attorney This Page Intentionally Left Blank rif I I I I [l GENERAL CONDITIONS OF THE AGREEMENT This Page Intentionally Left Blank 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 Bruce Thornton Air Conditioning, Incorporated who has agreed to perform the work embraced in this contract, or their legal representative. . 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 Wesley Everett, Director of Facilities Management, so designated who shall inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular manner under this agreement. Engineers, supervisors or inspectors shall 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 i- 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 Certificates, and all other documents made available to l Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an Office 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. 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 shall check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and � Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's i Representative's rights of entry hereunder, the Owner's Representative shall 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 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 shall 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 are needed. All stakes, marks, etc., ` I 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) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and.reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING ` ` It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any Office, 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. �, 3 7� 9 Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 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 are 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 kill approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING k 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 shall be ready for such observation. Owner or Owner's Representative may reject any such work , found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests Li shall 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 home 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 4 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. Nether 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. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind shall 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 ri It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. f 1 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the herein specified, the Contractor shall if so ordered in writing, increase its force orequipment, or both to progress P g, 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 Offices, agents and employees against any all losses, costs, damages, If expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED TO INCLUDE PRODUCT-COMP/OP AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 7 A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation i required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate to include: Heavy Equipment Endorsement B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED For bodily injuries, including accidental death and or property damage, - NOT REQUIRED. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; SO$0,000 Combined Single Limit, to include all Any Auto. D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job of at least $500,000. G. The City of Lubbock shall be named as primary additional insured on Auto/General Liability, to included products of completed operations endorsement, with a waiver of subrogation in favor of the City of Lubbock on all coverages. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverageLA 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 �I ¢ 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 shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 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. 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 shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: 10 (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; (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 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to ' report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; �} 11 i F (iii) include in all contracts to provide services on the project the following language: (_ "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor; prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (I)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES f 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. H 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 Offices, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract 12 _ .1 -, f' and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or -, waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material 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 Offices, 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 Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 Offices, 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 shalt be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. 13 35. RM 37 If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of Two -Hundred Fifty Dollars ($250) PER CONSECUTIVE CALENDAR 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 TIlVIE IS OF THE ESSENCE OF THIS CONTRACT. THE 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 contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 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. 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 14 where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way 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 Offices, 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 fiirnishing 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 finish 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 15 43. 44. 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. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st 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. 16 , 1 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is fiirther agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed 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, -j' 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 i 17 i 49. p 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 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 A 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. 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. 18 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 $50,000. All bonds shall .s be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man-made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 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 19 i 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. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the, right to deduct such amounts owing the City from any payments due Contractor. U 20 l DAVIS—BACON WAGE DETERMINATIONS This Page Intentionally Left Blank 1 l EXHIBIT A General Decision Number: TX100296 10/07/2011 TX296 Superseded General Decision Number: TX20080296 State: Texas Construction Type: Building County: Lubbock County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 06/25/2010 3 10/01/2010 4 08/26/2011 5 10/07/2011 BOIL0531-001 07/01/2008 Rates Fringes Boilermaker ....................$ 26.02 13.66 ---------------------------------------------------------------- BRTX0005-003 06/01/2011 Rates Fringes Bricklayer .....................$ 24.88 9.07 ---------------------------------------------------------------- CARP0665-002 05/01/2010 Rates Fringes Carpenter ......................$ 20.18 5.56 --------------------------------------------------------- ENGI0178-004 12/01/2009 Rates Fringes OPERATOR: Forklift ..............$ 21.20 9.35 ---------------------------------------------------------------- IRON0263-017 06/01/2008 Rates Fringes Ironworker, reinforcing ........ $ 20.90 4.60 ---------------------------------------------------------------- PAIN0053-003 04/01/2008 Rates Fringes Painter - Brush, Roller & Spray ............................$ 15.81 4.56 ---------------------------------------------------------------- * PLUM0629-019 09/24/2011 Rates Fringes PLUMBER/PIPEFITTER...............$ 21.75 6.25 ---------------------------------------------------------------- * SHEE0049-007 06/01/2011 Rates Fringes SHEETMETAL WORKER (HVAC Duct and System Installation Only) .... $ 22.18 9.47 ------------------------------------------------------------ SUTX2009-168 06/03/2009 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 18.58 0.00 ELECTRICIAN ......................$ 18.09 2.36 IRONWORKER, STRUCTURAL ........... $ 10.38 0.00 LABORER: Common or General ...... $ 8.86 0.00 LABORER: Mason Tender - Brick ... $ 11.00 0.00 OPERATOR: Backhoe/Excavator..... $ 13.81 0.00 OPERATOR: Blade/Grader .......... $ 12.97 0.00 OPERATOR: Front End Loader ...... $ 12.23 0.00 ROOFER ...........................$ 12.06 0.00 TILE SETTER ......................$ 8.50 0.00 TRUCK DRIVER ............ ........$ ---------------------------------------------------------------- 10.15 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -------------------------------------------------------- -------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor - 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS This Page Intentionally Left Blank I I I I 13 i 1A AGNEW ASSOCIATES, INC. DIVISION 15 PROJECT NUMBERS 1210051 MECHANICAL CITY OF LUBBOCK MUNICIPAL SQUARE CHILLER REPLACEMENT TABLE OF CONTENTS SECTION TITLE PAGE 15000 GENERAL PROVISIONS FOR MECHANICAL..................................................1-11 15200 PIPING AND ACCESSORIES.............................................................I..................1-5 15230 CHILLED WATER SYSTEMS..............................................................................1-2 15400 INSULATION.........................................................................................................1-3 15500 AIR COOLED PACKAGED CHILLER.................................................................1-8 15700 BUILDING MANAGEMENT SYSTEM ................................................ 1-7 NATHAN R. AGNEW .............................. �-c::91668 -PF 9/26/11 AGNEW ASSOCIATES, INC. - TBPE FIRM F-1005 DIVISION 16 PROJECT NUMBER 1210051 ELECTRICAL CITY OF LUBBOCK MUNICIPAL SQUARE CHILLER REPLACEMENT TABLE OF CONTENTS SECTION TITLE PAGE 16000 GENERAL PROVISIONS FOR ELECTRICAL.....................................................1-7 16060 MINOR ELECTRICAL DEMOLITION FOR REMODELING..............................1-2 16110 RACEWAYS AND FITTINGS................................................................................1-8 16120 CONDUCTORS........................................................................................................1-4 16195 ELECTRICAL IDENTIFICATION.........................................................................1-2 16425 ELECTRICAL SWITCHBOARDS..........................................................................1-8 16441 CIRCUIT AND MOTOR DISCONNECT SWITCHES..........................................1-2 16450 GROUNDING AND BONDING.............................................................................1-3 16475 CIRCUIT DISCONNECT AND OVERCURRENT PROTECTIVE DEVICES .....1-3 16500 LIGHTING.......................................:........................................................................1-4 SECTION 15000 GENERAL PROVISIONS FOR MECHANICAL PART1-GENERAL 1.01 SPECIAL NOTE A. The Architectural and Structural Plans and Specifications, including the supplements issued thereto, Information to Bidders, and other pertinent documents issued by the Engineer, are a part of these specifications and the accompanying mechanical and electrical plans, and shall be complied with in every respect. All the above is included herewith, will be issued separately or is on file at the Engineer's office, and shall be examined by all bidders. Failure to comply shall not relieve the Contractor of responsibility or be used as a basis for additional compensation due to omission of drawings. Where the Supplementary General Conditions conflict with the General Conditions, the Supplementary General Conditions shall govern. 1.02 CHECKING DOCUMENTS A. The drawings and the specifications are numbered consecutively. The Contractor shall check the drawings and specifications thoroughly and shall notify the Engineer of any discrepancies or omissions of sheets or pages. Upon notification, the Engineer will promptly provide the Contractor with any missing portions of the drawings or specifications. No discrepancies or omissions of sheets or pages of the contract documents will relieve the Contractor of his duty to provide all work required by the complete contract documents. 1.03 GENERAL A. In general, the lines and ducts to be installed by the various trades under these specifications shall be run as indicated, as specified herein, as required by particular conditions at the site, and as required to conform to the generally accepted standards as to complete the work in a neat and satisfactorily workable manner. The following is a general outline concerning the running of various lines and ducts and is to be excepted where the drawings or conditions at the building necessitate deviating from these standards. B. The mechanical plans do not give exact details as to elevations of lines and ducts, exact locations, etc., and do not show all the offsets, control lines, pilot lines and other installation details. The Contractor shall carefully lay out his work at the site to conform to the architectural and structural conditions, to provide proper grading of lines, to avoid all obstruction, to conform to details of installation supplied by the manufacturers of the equipment to be installed, and thereby to provide an integrated, satisfactorily operating installation. 15000 - 1 C. The mechanical plans do not give exact locations of outlets, fixtures, equipment items, etc. The exact location of each item shall be determined by reference to the general plans and to all detail drawings, equipment drawings, roughing -in drawings, etc., by measurements at the building, and in cooperation with other sections. Minor relocations necessitated by the conditions at the site or as directed by the Engineer shall be made without any additional cost accruing to the Owner. D. The Contractor shall be responsible for the proper fitting of his material and apparatus into the space. Should the particular equipment which any bidder proposes to install require other space conditions than those indicated on the drawings, he shall arrange for such space with the Engineer before submitting his bid. Should changes become necessary on account of failure to comply with this clause, the Contractor shall make such necessary changes at his (the Contractor's) own expense. E. The Contractor shall submit working scale drawings of all his apparatus and equipment which in any way varies from these specifications and plans, which shall be checked by the Engineer before the work is started, and interferences with the structural conditions shall be corrected by the Contractor before the work proceeds. F. Piping and ducts serving outlets on items of equipment shall be run in the most appropriate manner. G. Exceptions and inconsistencies in plans and specifications shall be brought to the Engineer's attention before the contract is signed. Otherwise, the Contractor shall be responsible for any and all changes and additions that may be necessary to accommodate his particular apparatus, material, or equipment. H. The Contractor shall distinctly understand that the work described herein and shown on the accompanying drawings shall result in a finished and working job, and any item required to accomplish this intent shall be included whether specifically mentioned or not. I. Each bidder shall examine the plans and specifications for the General Construction. If these documents show any item requiring work under Division 15 and that work is not indicated on the respective "ME" drawings, he shall notify the Engineer in sufficient time to clarify before bidding. If no notification is received, the Contractor is assumed to require no clarification, and shall install the work as indicated on the General Plans in accordance with the specifications. 1.04 DIMENSIONS A. Before ordering any material or doing any work, the Contractor shall verify all dimensions, including elevations, and shall be responsible for the correctness of the same. No extra charge or compensation will be allowed on account of differences between actual dimensions and measurements indicated on the drawings. Any difference which may be found shall be submitted to the Engineer for consideration before proceeding with the work 15000 - 2 C 1.05 INSPECTION OF SITE A. The accompanying plans do not indicate completely the existing mechanical installations. The bidders for the work under these sections of the specifications shall inspect the existing installations and thoroughly acquaint themselves with conditions to be met and the work to be accomplished in removing and modifying the existing work, and in installing the new work in the present building and underground serving to and from that structure. Failure to comply with this shall not constitute grounds for any additional payments in connection with removing or modifying any part of the existing installations and/or installing any new work. 1.06 ELECTRICAL WIRING A. All electric wiring of every character, except for temperature control, will be done under Division 16 of these specifications. The Contractor for each section shall erect all his motors in place ready for connections. The Contractor, under Division 16, shall mount all the starters and controls, furnishing the supporting structures and any required outlet boxes. B. Every electrical current consuming device furnished as a part of this project, or furnished by the Owner and installed in this project, shall be completely wired up under Division 16. Verification of exact location, method of connection, number and size of wires required, voltage requirements, and phase requirements is the responsibility of the Contractor under Division 16. If conflicts occur between the drawings and the actual requirements, actual requirements shall govern. 1.07 MOTORS AND CONTROLS A. All motors furnished under any of the several sections of these specifications shall be of recognized manufacture, of adequate capacity for the loads involved and wound for the current characteristics shown on the electrical drawings. All motors shall conform to the standards of manufacture and performance of the National Electrical Manufacturers' Association as shown in their latest publications. They shall further be listed by Underwriters Laboratories. 1.08 PROGRESS OF WORK A. The Contractor shall keep himself fully informed as to the progress of the work and do his work at the proper time without waiting for notification from the Owner. 1.09 MANUFACTURER'S DIRECTIONS A. All manufactured articles shall be applied, installed and handled as recommended by the manufacturer. A. All materials shall be new unless otherwise specified and of the quality specified. .Materials shall be free from defects. All materials of a type for which the Underwriters Laboratories, Inc. have established a standard shall be listed by the Underwriters Laboratories, Inc. and shall bear their label. 15000 - 3 B. Wherever the make of material or apparatus required is not definitely specified, the Contractor shall submit a sample to the Engineer before proceeding. C. The Contractor shall be responsible for transportation of his materials to and on the job, and shall be responsible for the storage and protection of these materials and work until the final acceptance of the job. D. The Contractor shall furnish all necessary scaffolding, tackle, tools and appurtenances of all kinds, and all labor required for the safe and expeditious execution of his contract. E. The workmanship shall in all respects be of the highest grade and all construction shall be done according to the best practice of the trade. 1.11 SUBSTITUTION OF MATERIAL A. Where a definite material or only one manufacturer's name is mentioned in these specifications, it has been done in order to establish a standard. The product of the particular manufacturer mentioned is of satisfactory construction and any substitution must be of quality as good as or better than the named article. No substitution shall be made without review by the Engineer, who will be the sole judge of equality. B. The Contractor shall submit for approval a complete list of the materials he proposes to use. This list shall give manufacturers' names and designations corresponding to each and every item and the submission shall be accompanied by complete descriptive literature and/or any supplementary data, drawings, etc., necessary to give full and complete details. C. Should a substitution be accepted under the provisions of the conditions of these specifications, and should this substitute prove to be defective or otherwise unsatisfactory for the service for which it is intended within the guarantee period, the Contractor who originally requested the substitution shall replace the substitute material with the specified material. 1.12 SHOP DRAWINGS A. Wherever shop drawings are called for in these specifications, they shall be furnished by the Contractor for the work involved after review by the Engineer as to the make and type of material and in sufficient time so that no delay or changes will be caused. This is done in order to facilitate progress on the job and failure on the part of the Contractor to comply shall render him liable to stand the expense of any and all delays, changes in construction, etc., occasioned by his failure to provide the necessary details. Also, if the Contractor fails to comply with this provision, the Engineer reserves the right to go directly to the manufacturer he selects and secure any details he might deem necessary and should there be any charges in connection with this, they shall be borne by the Contractor. 15000 - 4 B. Shop drawings will be reviewed by the Engineer for general compliance with the design concept of the project and general compliance with the information given in the contract documents. Review by the Engineer and any action by the Engineer in marking shop drawings is subject to the requirements of the entire contract documents. Contractor will be held responsible for quantities, dimensions which shall be confirmed and correlated at the job site, fabrication processes and techniques of construction, coordination of all trades and the satisfactory performance of his work. C. Shop drawings submitted shall not consist of manufacturers' catalogues or tear sheets therefrom that contain no indication of the exact item offered. Rather, the submission of individual items shall designate the exact item offered and shall clearly identify the item with the project. D. All shop drawings shall be submitted at one time and shall consist of a bound catalogue of all shop drawings under each section, properly indexed and certified that they have been checked by the Contractor. E. The omissions of any material from the shop drawings which has been shown on the contract drawings or specified, even though reviewed by the Engineer, shall not relieve the Contractor from furnishing and erecting same. 1.13 PROTECTION OF APPARATUS A. The Contractor shall at all times take such precautions as may be necessary to properly protect his new apparatus from damage. This shall include the erection of all required temporary shelters to adequately protect any apparatus stored in the open on the site, the cribbing of any apparatus above the floor of the construction, and the covering of apparatus in the incompleted building with tarpaulins or other protective covering. Failure on the part of the Contractor to comply with the above to the entire satisfaction of the Engineer will be sufficient cause for the rejection of the pieces of apparatus in question. 1.14 PERMITS, FEE, ETC. A. The Contractor under each section of these specifications shall arrange for a permit from the local authority. The Contractor shall pay for any inspection fees or other fees and charges required by ordinance, law, codes and these specifications. 1.15 TESTING A. The Contractor under each division shall at his own expense perform the various tests as specified and required by the Engineer and as required by the State and local authorities. The Contractor shall furnish all fuel and materials necessary for making tests. Notify the Owner minimum 24 hours prior to all test. 15000 - 5 1.16 LAWS, CODES AND ORDINANCES A. All work shall be executed in strict accordance with all local, state and national codes, ordinances and regulations governing the particular class of work involved, as interpreted by the inspecting authority. The Contractor shall be responsible for the final execution of the work under this heading to suit those requirements. Where these specifications and the accompanying drawings conflict with these requirements, the Contractor shall report the matter to the Engineer, shall prepare any supplemental drawings required illustrating how the work may be installed so as to comply and, on approval, make the changes at no cost to the Owner. On completion of the various portions of the work the installation shall be tested by the constituted authorities, approved and, on completion of the work, the Contractor shall obtain and deliver to the Owner a final certificate of acceptance. 1.17 TERMINOLOGY A. Whenever the words "furnish", "provide", "fuunish and install," "provide and install', and/or similar phrases occur, it is the intent that the materials and equipment described be furnished, installed and connected under this Division of the Specifications, complete for operation unless specifically noted to the contrary. B. Where a material is described in detail, listed by catalogue number or otherwise called for, it shall be the Contractor's responsibility to famish and install the material. C. The use of the word "shall" conveys a mandatory condition to the contract. D. "This section" always refers to the section in which the statement occurs. E. "The project" includes all work in progress during the construction period. F. "Concealed" areas are those areas which cannot be seen by the building occupants from the floor with all building components in place. G. "Exposed" areas are all areas which are exposed to view by the building occupants, including mechanical rooms. H. In describing the various items of equipment, in general, each item will be described singularly, even though there may be a multiplicity of identical or similar items. 1.18 COOPERATION AND CLEANING UP A. The contractor for the work under each section of these specifications shall coordinate his work with the work described in all other sections of the specifications to the end that, as a whole, the job shall be a finished one of its kind, and shall carry on his work in such a manner that none of the work under any section of these specifications shall be handicapped, hindered or delayed at any time. 15000 - 6 B. At all times during the progress of the work, the Contractor shall keep the premises clean and free of unnecessary materials and debris. The Contractor shall, on direction at any time from the Engineer, clear any designated areas or area of materials and debris. On completion of any portion of the work, the Contractor shall remove from the premises all tools and machinery and all debris occasioned by the work, leaving the premises free of all obstructions and hindrances. 1.19 COORDINATION OF TRADES A. The Contractor shall be responsible for resolving all coordination required between trades. For example, items furnished under Division 15 which require electrical connections shall be coordinated with Division 16 for: 1. Voltage 2. Phase 3. Ampacity 4. No. and size of wires 5. Wiring diagrams 6. Starter size, details and location 7. Control devices and details B. Items furnished under various sections which require plumbing connections shall be coordinated for services, pressure, size and location of connections, type of fuel, clearances for service, auxiliary devices required, etc. C. Items requiring insulation shall be fully insulated and that insulation shall be checked against manufacturer's directions and job requirements for suitability, coverage, thickness and finish. D. All items specified under Division 15 shall be installed tight, plumb, level, square and symmetrically placed in relation to the work of other trades. 1.20 CUTTING AND PATCHING A. The Contractor for work specified under each section shall perform all structural and general construction modifications and cut all openings through either roof, walls, floors or ceilings required to install all work specified under that section or to repair any defects that appear up to the expiration of the guarantee. The Contractor shall exercise due diligence to avoid cutting openings larger than required or in wrong locations. Verify the scope of this work at the site and in cooperation with all other trades before bidding. B. No cutting shall be done to any of the structural members that would tend to lessen their strength, unless specific permission is granted by the Engineer to do such cutting. C. The Contractor for work under each section shall be responsible for the patching of all openings cut to install the work covered by that section and to repair the damage resulting from the failure of any part of the work installed hereunder. D. Before bidding, the Contractor shall review and coordinate the cutting and patching required under the respective section with all trades. 15000 - 7 E. In all spaces where new work under Division 15 is installed and no other alteration or refinishing work is shown or called for, existing floors, walls and ceilings shall be restored to match existing conditions. All cutting and patching shall be done by workmen skilled in the affected trade. F. Where openings are cut through masonry walls, the Contractor under each respective section shall provide and install lintels or other structural supports to protect the remaining masonry and adequate support shall be provided during the cutting operation to prevent any damage to the masonry occasioned by the operation. 1.21 PAINTING A. Painting for Division 15 shall be as follows: 1. If the factory finish on any apparatus or equipment is marred, it shall be touched up and then given one coat of half -flat -half -enamel, followed by a coat of machinery enamel of a color to match the original. Paint factory primed surfaces. 1.22 SEALING AROUND PIPES, DUCTS, ETC. A. The Contractor installing pipes, ducts, etc. shall seal all spaces between pipes and/or sleeves where they pierce walls, or partitions with Johns Manville Firetemp CI caulk. The packing shall effect a complete fire and/or air seal where pipes, ducts, etc., pierce walls or partitions. 1.23 SCHEDULE OF WORK A. The work under the various sections must be expedited and close coordination will be required in executing the work. The various trades shall perform their portion of the work at such times as directed so as to insure meeting scheduled completion dates, and to avoid delaying any other trade. The Engineer will set up completion dates, schedule the times of work in the various areas involved, etc. Each Contractor shall cooperate in establishing these times and locations and shall process his work so as to insure the proper execution of it. A. Where new connections are to be made into existing lines, present lines must be relocated or rerouted, present equipment items relocated or other work accomplished that would affect the operation of the present building, the work shall be carried on at such times as to cause a minimum of interference with the normal operation of that building. In certain cases the work may be accomplished during normal working hours during certain designated seasons or times of the year. In other cases the work may have to be executed during times of the day outside of the normal working period, on holidays, etc. Each individual case presents a separate decision as to the time during which it shall be performed. The Contractor involved shall present each case to the Engineer for his decision, which will be made after due consultation with the Owner. No additional compensation for overtime will be granted for compliance with these requirements. 15000 - 8 1.25 RELOCATION OF EXISTING INSTALLATIONS A. There are portions of the existing plumbing system, heating, ventilating and air conditioning system which shall remain in use to serve the finished building in conjunction with the indicated new installations. By actual examination at the site, each bidder shall determine those portions of the remaining present installations which must be relocated to avoid interferences with the installations of new work of his particular trade and that of all other trades. All such existing installations which interfere with new installations shall be relocated by the Contractor under the Division in which the existing material normally belongs, and in a manner as directed by the Architect. B. Failure to become familiar with the extent of the relocation work involved shall not relieve the Contractor of responsibility and shall not be used as a basis for additional compensation. 1.26 SALVAGE MATERIALS A. The Contractor shall remove existing equipment, piping, and other items associated with the mechanical systems where shown on the drawings. B. Where such items are exposed to view or uncovered by any cutting or removal of general construction and has no continuing function (as determined by the Engineer), they shall be removed by the Contractor under the section in which the item normally falls. C. All items or materials removed from the project shall be made available for the Owner's inspection. The Owner retains the option to claim any item or material. Contractor shall deliver any claimed item or material in good condition to the place designated by the Owner. All items not claimed become the property of the Contractor and shall be removed from the site. 1.27 INSTALLATION DRAWINGS A. It shall be incumbent upon the Contractor to prepare special drawings as called for elsewhere herein or as directed by the Engineer to coordinate the work under each section, to illustrate changes in his work, to facilitate its concealment in finished spaces to avoid obstructions or to illustrate the adaptability of any item of equipment which he proposes,to use. B. These drawings shall be used in the field for the actual installation of the work. Unless otherwise directed, they shall not be submitted for approval but three copies shall be provided to the Engineer for his information. 1.28 ROUGH -IN AND MAKE FINAL CONNECTION FOR EQUIPMENT A. The shop drawings for all equipment are hereby made a part of these specifications. The Contractor under each section of the specifications shall rough -in for the exact item to be furnished on the job, whether in another section of the specifications or by the Owner. The Contractor shall refer to all drawings and other sections of the specifications for the scope of work involved for the new equipment, and by actual site examination determine the scope of the required equipment connections for the Owner furnished equipment. 15000 - 9 B. Should any of the equipment furnished require connections of a nature different from that shown on the drawings, report the matter to the Engineer and finally connect as directed by the Engineer. C. Should any shop drawings not be available for equipment furnished under other contracts or by the Owner, the Contractor under each section of these specifications shall bid the work as detailed on the drawings. D. Minor differences in the equipment furnished and that indicated on the drawings will not constitute ground for additional payment to the Contractor. 1.29 MARKING OF PIPE A. The Contractor shall mark all accessible piping systems. The identification of a piping system shall be made by a positive identification of the material content of the system by lettered legend, giving the name of the content in full or abbreviated form. This mark shall be conspicuously placed at frequent intervals on straight runs, close to all valves, at changes of direction and where pipes pass through walls, floors or ceilings. Arrows shall be used to indicate direction of flow. B. Markers shall be placed on piping at each connection to an item of equipment, at each pump, and on each drop to an outlet. Markers shall be placed on each run of piping at intervals not exceeding 50 feet where exposed in a room and 25 feet when installed above removable ceilings, except that no exposed line shall enter a room without being identified therein. Markers on lines above removable ceilings shall be applied on the undersides of the lines and in other areas shall be applied to be most visible. C. Markers shall conform completely with "The Scheme for Identification of Piping Systems (ANSI A131 1981). Markers shall have ANSI specified color coded background, color of legend and legend letter size. D. Markers shall be equal to Seton Set Mark Pipe Markers. 1.30 IDENTIFICATION AND LABELING A. The Contractor shall make it possible for the personnel operating and maintaining the equipment and systems in this project to readily identify the various pieces of equipment, valves, piping, etc., by marking them. All items of equipment such as fans, pumps, etc., shall be clearly marked using engraved nameplates as hereinafter specified. The item of equipment shall indicate the same number as shown on the drawings. For example, chillers will be identified as ACC #1-05, ACC #2-05, etc. B. All items of mechanical and electrical equipment shall be identified by the attachment of engraved nameplates constructed from laminated phenolic plastic, at least 1/16" thick, 3-ply, with black surfaces and white core. Engraving shall be condensed gothic, at least 1/2" high, appropriately spaced. Nomenclature on the label shall include the name of the item, its mark number, area, space, or equipment served, and other pertinent information. Equipment to be labeled shall include but not be limited to the following: 1. Chillers 2. Miscellaneous - similar and/or related items 15000 -10 1.31 OPERATING INSTRUCTIONS A. The Contractor for each section of the work hereunder shall, in cooperation with the representatives of the manufacturers of the various equipment items, carefully instruct the Owner's representatives in the proper operation of each item of equipment and of each system. During the balancing and adjusting of systems, the Owner's representative shall be made familiar with all procedures. 1.32 OPERATING MANUALS A. Prepare and submit 3 copies of the operating manuals bound in hard covers. Three weeks prior to completion of the work, the Engineer will check the manuals and any additional material necessary to complete the manuals shall be furnished and inserted by the Contractor. B. Manuals shall contain the following data: 1. Catalogue data of all equipment. 2. Shop drawings of all equipment. 3. Start-up instructions for major equipment. 4. Trouble shooting procedures for major equipment. 5. Wiring diagrams. 6. Recommended maintenance schedule for equipment. 7. Parts list for all items. 8. Name and address of each vendor. 1.33 GUARANTEE A. Unless a longer guarantee is hereinafter called for, all work, material and equipment items shall be guaranteed for a period of one year after acceptance by the Owner. All defects in labor and materials occurring during this period, as determined by the Engineer, shall be repaired and/or replaced to the complete satisfaction of the Engineer. Guarantee shall be in writing and in triplicate. 1.34 COMPLETION REQUIREMENTS A. Before acceptance and final payment the Contractor under each Division of the specifications shall furnish: 1. Accurate record drawings, shown in red ink on blue line prints furnished for that purpose all changes from the original plans made during installation of the work. Drawings shall be filed with the Engineer when the work is completed. 2. All manufacturers' guarantees. 3. All operating manuals. 4. Guarantees. 1.35 CONTRACTOR'S RESPONSIBILITY FOR FINAL INSPECTION A. Before calling for the final inspection, the Contractor under each Division shall carefully inspect his work to be sure it is complete and according to plans and specifications. END OF SECTION 15000 -11 SECTION 15200 PIPING AND ACCESSORIES PART 1- GENERAL 1.01 NOTE A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS A. Submit manufacturer's data on all materials. 1.03 SCOPE A. This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the piping and accessories as shown on the drawings and/or specified herein. 1.04 INSPECTION A. All pipe, valves, fittings, and other accessories shall be inspected upon delivery and during the course of the work. Any defective materials found during field inspection or during hydrostatic and leakage tests shall be removed from the site of the work and replaced by the Contractor. 1.05 PROTECTION DURING STORAGE A. The interior of all pipe, fittings, and other accessories shall be kept free from dirt and foreign matter at all times. Valves and fittings shall be drained and stored in a manner that will protect them from damage by freezing. PART 2-PRODUCTS 2.01 MATERIALS A. All materials shall be manufactured or fabricated in the United States of America. B. Materials shall conform to the listed standards. Refer to specific sections for materials to be used under that section. The following tabulation is for reference only to identify the applicable standard. Steel Pipe ASTM A120, A53, A106 Butt Weld Fittings ANSI B 16.9 Socket Weld Fittings ANSI B 16.11 Steel Flanges ANSI B16.5 Malleable Iron Threaded Fittings ANSI B 16.3 15200 -1 C. Unions in Ferrous Lines: 150 pound malleable iron, screwed pattern, ground joint with brass to iron seat; equal to Crane. D. Insulating Fittings: Equal to Clear Flow fitting designed to meet requirements of ASTM F-492. 2.02 VALVES A. Ball Valves: Bronze threaded body, chrome plated full port bronze ball, teflon seats and O-rings, bronze shafts, and infinite position handle with memory stops. Valve shall be two piece. Where valves are installed in insulated lines, provide extended stems of adequate length for the handle to clear the insulation and jacket. Apollo, Crane, Jamesbury and Stockham are acceptable. B. Butterfly Valves: Ductile iron body, flanged or with drilled and tapped lugs, bronze discs, stainless steel shafts with bronze bushings, resilient EPDM seats and O-rings, 'Bubble Tight" shut-off at 150 psi pressure. On valves 4" and smaller, handle shall be infinite position with memory stops. On valves 6" and larger, provide geared operators. Where valves are installed in insulated lines, provide extended stems of adequate length for the handle to clear the insulation and jacket. Norris, Keystone, Center Line, Demco or Crane valves are acceptable. 2.03 GAUGE COCKS AND GAUGES A. Where gauge connections are installed in insulated lines, install a 1/4" ball valve on a nipple of sufficient length that the handle will be free of the pipe insulation, and position each cock in relation to surrounding piping and equipment so that the gauge may be easily read, and so that a gauge having a 6" diameter dial can be screwed into and out of the cock Install the nipple in a thredolet connection. B. Pressure Gauges: Phosphor bronze, seamless Bourdon spring type with phosphor bronze bushed rotary movement and link; 4-1/2" dial, nickel plated ring, free standing cast aluminum case; equipped with micrometer adjustment pointer. Furnish each gauge with scale range suitable for the duty. Upper range of scale shall be minimum two times greater than expected pressure. C. Water Pressure Gauges: Equal to Weksler No. BA14-I with cast aluminum case; Weksler, Weiss, and Trerice acceptable. 2.04 TBERMOMETER WELLS A. Furnish and install brass or stainless steel closed separable thermometer wells for all thermometer and controller bulbs which are designated for liquid measurements. Whenever a thermometer or controller bulb is inserted in a pipe for either remote or local temperature indication or control, locate the thermometer well so that it will be completely surrounded by flowing fluid. Such thermometer locations as shown on the drawings are diagrammatic only -install thermometer wells for maximum effectiveness and in the case of locally indicating instruments, for easy readability. 15200 - 2 2.05 MERCURIAL THERMOMETERS A. Industrial type with Cycolac plastic cases, glass fronts, 9" scale, adjustable straight or angle pattern as required for ready readability. Furnish thermometers with 2-1/2" stem extensions where they are installed in insulated lines. Select scale ranges for maximum readability at the design temperature of the medium being measured. Thermometer equal to Weksler No. AA5H9. B. Acceptable Manufacturers: Weksler, Trerice, Weiss, Moeller. PART 3 - EXECUTION 3.01 INSTALLATION OF PIPING SYSTEMS A. Install runs of piping essentially as indicated on the drawings and/or as required. The location, direction and size of the various lines are indicated on the drawings. B. Make up all systems straight and true and properly graded for correct flow of contained materials and to provide drainage. Cut pipes accurately to measurements established at the building and work into place without forcing or springing. Except as required for specified grading, run all piping above ground parallel with the lines of the building. C. Make all changes in pipe sizes with reducing fittings. Use no long screws or bushings. D. Install and support piping systems with loops, bends, expansion joints and/or flexible connectors as required for flexibility, to accommodate expansion and contraction of piping due to temperature changes in the contained fluids and in the surrounding space, and to minimize the transmission of vibration to the building structure. E. Provide unions in the lines assembled with screwed and soldered fittings, at points of connection to equipment, and elsewhere as indicated or required to permit proper connections to be made, or to permit valves, equipment items, etc. to be removed. Provide unions also in welded lines at connections to equipment where flanges are not provided. Provide insulating unions where ferrous material joins non-ferrous material. F. In general, use listed materials in fabricating the various piping systems. The method of assembly may be varied only to meet special conditions where it is impossible to comply with the specified method of joining piping. Where special classes of piping are involved and are not listed, request exact instructions as to the class of material involved and the method of fabricating it before ordering materials. 3.02 FABRICATION OF PIPE JOINTS A. Threaded Pipes: Ream and deburr pipe after it is cut and before it is threaded. Stand each pipe on one end and hammer to remove all foreign material. Full cut threads, but not more than 3 pipe threads shall remain exposed when joint is completed. Make up joints with graphite and oil or an approved graphite compound applied to male threads only. Caulking of threaded joints to stop or prevent leaks is prohibited. 15200 - 3 B. Welded Joints: Make all welded joints by the metallic are process. Use base material conforming to ANSI B31.1 for welded pipe ASTM A106 and ASTM A53. Use filler material conforming to ASTM A233 and in accordance with ANSI B31.1. Machine the ends of the material to be joined or gas cut. Make the cut smooth in order that good fit can be made and a full penetration weld made. Use direct current for welding with the electrode positive. Limit the depth of deposit to 1/8" per pass. Remove all slag or flux remaining on any bead of welding before laying down the next successive bead of welding. Remove any cracks or blow holes that appear on the surface of any bead of welding by chipping or grinding before depositing the next successive bead of welding. C. Mechanical Couplings: 1. Mechanical couplings and fittings shall be used to connect mechanical equipment and piping systems where specified. Couplings shall be equal to Victaulic Style 75 with housing fabricated in two or more parts of malleable iron castings, in accordance with Federal Specification AA-1-666C Grade 11. Couplings gasket shall be equal to Victaulic Grade "H" molded synthetic rubber, per ASTM D-735-61, Grade No. R615BZ. Coupling bolts shall be oval neck track head type with hexagonal heavy nuts, per ASTM-A-183-60. 2. All pipe fittings used with couplings shall be fabricated of malleable iron castings in accordance with Federal Specification QQ-1-66C Grade 11. Where malleable fitting pattern is not available, fittings fabricated from Schedule 40 steel pipe or standard wall seamless welding fittings with grooved or rolled ends may be used. 3. Before assembly of couplings, lightly coat pipe ends and outside of gaskets with coupling manufacturer's recommended lubricant to facilitate installation. 4. Pipe grooving or rolling shall be in accordance with the manufacturer's specifications contained in the latest published literature. D. Flanged Joints: Flanged joints shall be made using bolts of Grade 5 or better and gaskets as specified. Faces of the flanges shall be cleaned of all dirt, rust or other foreign matter. The pipe, valve, or fitting shall be properly aligned and free to move while bolting, and the bolts shall be gradually tightened at a uniform rate around the entire flange. No strain shall be put on the flanges in making up the joint. 3.03 REPAIR OF LEAKS A. All leaks in piping systems shall be corrected as follows: 1. Repair leaks in screwed joints by tightening the joint; remake the joint if the tightening fails to stop the leak. 2. Repair leaks in welded joints by removing the defective weld completely through the base metal and grind smooth. Re -weld, accomplishing 100% penetration of the base metal. The repair weld should in no case be less than 4" in length. 3. Repair leaks in mechanically coupled joints by remaking the joint. B. When any defect is repaired, retest that section of the system. 3.04 HANDLING OF MATERIAL: A. Hauling: All materials furnished by the Contractor shall be delivered and distributed at the site by the Contractor. 15200 - 4 B. Loading and Unloading: Pipe, fittings, valves, and accessories shall be loaded or unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. Each piece shall be unloaded opposite or near the place where it is to be installed. No material shall be unloaded where it will block any road, drive, building entrance, or walkway or where it will be a hazard to safe vehicular or pedestrian traffic. C. Care of Pipe Coating and Lining: Pipe shall be so handled that the coating and lining shall not be damaged. If, however, any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense. If satisfactory repair cannot be made, the Contractor shall replace the damaged pipe. 3.05 ALIGNMENT AND GRADES A. General: All pipe shall be laid and maintained to the required lines and grades with fittings, valves, at the required locations; and all valve stems plumb. All pipe shall be installed straight and true to line. END OF SECTION 15200 - 5 SECTION 15230 CHILLED WATER SYSTEMS PART 1- GENERAL 1.01 NOTE A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS A. Submit manufacturer's data on all materials. 1.03 SCOPE A. This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the above ground chilled water systems as shown on the drawings and/or specified herein. B. Install chilled water circulating piping complete and connect to coils, pumps, and other equipment. Include drain lines where shown or required. PART2-PRODUCTS 2.01 MATERIALS A. Refer to Section "Piping and Accessories". B. Chilled Water Lines: Standard weight black steel. Piping larger than 2" shall be assembled by welding. Lines 2" and smaller may be screwed using malleable iron banded fittings. Mechanical couplings may be used at the Contractor's option. PART 3 - EXECUTION 3.01 INSTALLATION OF SYSTEMS A. Lay all water circulating lines on an even slope throughout to insure freedom from air locks and traps. Grade the system downward to the circulating pumps with valved drain connections from the low points to floor drains. Where additional low points are unavoidable, provide service drains to permit the complete drainage of the system. B. Provide automatic air vents at all high points of the system which may be isolated with the valves shown or required. Where horizontal mains change size, employ eccentric reducing couplings so installed as to keep the tops of coupled pipes on the same level. C. Install manual valves where required to segregate individual items of equipment or sections of circulating systems or where indicated on the drawings or required. 15230 -1 3.02 CLEANING A. Swab pipe clean as it is installed. 3.03 TESTING A. Before insulating or concealing any lines, test all piping. Test all lines at 150% of the system working pressure or 100 psig, whichever is greater; for not less than 4 hours with no leaks. END OF SECTION 15230 - 2 SECTION 15400 INSULATION PART1-GENERAL 1.01 NOTE A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SUBMITTALS A. Submit manufacturer's data on all materials. 1.03 SCOPE A. This section of the specifications comprises the furnishing of all labor, materials, transportation, tools and appliances and in performing all operations in connection with the installation of thermal insulation, coverings, jackets, supports, shields, etc. as described herein and/or as shown on the accompanying drawings, or reasonably implied therefrom. All surfaces which may vary from the ambient temperature shall be insulated unless specifically excepted. PART 2-PRODUCTS oil] i&A Ely 0:3RM A. In describing the various..materials, application procedures, and finishes, each item will be described singularly, even though there may be a multiplicity of identical applications. Also where the description is only general in nature, exact dimensions, arrangements and other data shall be determined by reference to plans, schedules, and details, including those provided by equipment manufacturers. B. Where materials are described under other sections of the specifications and are pertinent to this section, they shall be installed hereunder as though they were repeated herein. C. All insulation shall have composite fire and smoke hazard ratings as tested by procedure NFPA 225, not exceeding flame spread 25, smoke developed 50. Accessories such as adhesives, mastics, cement, tape, cloth, etc. shall have these same component ratings. D. All materials installed under this section of the specifications shall be manufactured in a NAFTA member country. E. Vapor Barrier Jackets: 1. Factory -applied vapor -barrier jackets shall be one of the following: (a) An All Service Jacket (ASJ) laminated of flame resistant white kraft paper, glass scrim reinforcement, and kraft paper. (b) Foil Reinforced Kraft (FRK) Jacket laminated of flame resistant 0.001" aluminum foil, glass scrim reinforcement and kraft paper. 15400 -1 (c) Foil Scrim Kraft (FSK) Jacket composed of fiberglass yarn reinforced aluminum foil laminated with fire-resistant adhesive to kraft paper. F. Where specified, insulate valves and fittings with two fiberglass inserts and preformed Manville Zeston covers with taped seams. G. Where specified, insulate valves and fittings with Hamfab or approved equal molded glass fiber fitting covers equal in thickness to the adjoining pipe covering, vapor sealed with two 1/8 inch wet coats of vapor barrier mastic equal to Benjamin Foster No. 65-07 reinforced with an open mesh glass fabric. Finish with preformed Manville Zeston PVC covers with taped seams. H. Where metal jackets are specified, they shall be 0.016" thick No. 5005 tempered corrugated aluminum secured with machine drawn 0.020" x 112" wide stainless steel bands. 2.02 SHIELDS A. Provide shield of No. 16 U.S. standard gage galvanized metal to protect insulation at hangers and supports on piping 3 inches and smaller. For pipe 4 to 6 inches, provide 14 gage shields. Use a shield extending at least 6 inches on each side of the support bearing area. B. Under each shield on pipe 2" and larger, install a high density fiberglass insert equal to Hamfab H Block, 20 lb. density, or approved equal. PART 3 - EXECUTION till iIZW104MyI A. The installation of all thermal insulation shall be performed by a recognized firm regularly engaged in the insulation business, using skilled insulation mechanics and using insulation materials which are the product of reputable manufacturer of the materials, using any special materials as required by these specifications and by those published standards. B. Any insulation which is not applied in a workmanlike manner will be rejected and replaced. All coverings shall be smooth, flush, dressed to line and tight. Mastic shall be neatly applied and tooled. The Architect reserves the right to reject any insulation whose appearance he deems unacceptable. 3.02 APPLICATION OF INSULATION A. Apply insulation and pipe covering after all work has been tested, found to be tight and accepted as such by the Architect. Thoroughly clean and dry all surfaces to be covered. B. On glass fiber pipe covering with factory -applied vapor -barrier jacket, lap the jacket on the longitudinal seams with a double tape, self-sealing lap, adhesive system. If a single tape, self-sealing lap, adhesive system is used, an additional layer of Benjamin Foster 82-07 vapor barrier lap adhesive must be used. Tightly butt the ends of the pipe covering and apply the 4" wide butt strips as provided by the insulation manufacturer. 15400 - 2 3.03 INSULATION ON EQUIPMENT AND PIPING SYSTEMS A. The following describes materials, thicknesses and finishes for insulation and coverings. 1. Also included in this section is the requirement for patching and repair of existing insulation where new connections are made. 2. Chilled Water Lines: Insulate with molded sectional glass fiber pipe covering with factory applied All Service Jacket (ASJ) equal to Johns -Manville "Micro- Lok" having a thermal conductivity of not more than 0.27 Btu-in/(h-$2-F) at a mean temperature rating of 75 F. Insulation shall be 1-1/2" thick Insulate valves and fittings with Hamfab insulation fittings. Vapor seal all insulation. Cover exterior insulation with aluminum jacket. 3. Chiller: Factory insulated. END OF SECTION 15400 - 3 I SECTION 15500 AIR COOLED PACKAGED CHILLER PART1-GENERAL 1.01 GENERAL REQUIREMENTS A. The requirements of this Section shall conform to the general provisions of the Contract, including General and Supplementary Conditions, Conditions of the Contract, and Contract Drawings. 1.02 SUBMITTALS A. Submit manufacturer's data and shop drawings on all items specified. 1. Capacities 2. Clearance for maintenance 3. Quality 4. Quantity 1.03 SCOPE A. Provide Microprocessor controlled, twin-screw compressor, air-cooled, liquid chillers of L-' the scheduled capacities as shown and indicated on the Drawings, including but not limited to: 1. Chiller package 2. Charge of refrigerant and oil 3. Electrical power and control connections 4. Chilled fluid connections 5. Manufacturer start-up 1.04 QUALITY ASSURANCE A. A. Products shall be Designed, Tested, Rated and Certified in accordance with, and Installed in compliance with applicable sections of the following Standards and Codes: 1. AHRI 550/590 — Water Chilling Packages Using the Vapor Compression Cycle 2. AMU 370 — Sound Rating of Large Outdoor Refrigerating and Air -Conditioning Equipment 3. ANSUASHRAE 15 — Safety Code for Mechanical Refrigeration 4. ANSUASHRAE 34 — Number Designation and Safety Classification of Refrigerants 5. ASHRAE 90.1 — Energy Standard for Buildings Except Low -Rise Residential Buildings 6. ANSI/NFPA 70 — National Electrical Code (N.E.C.) 7. ASME Boiler and Pressure Vessel Code, Section VIII, Division 1 8. OSHA — Occupational Safety and Health Act 9. Manufactured in facility registered to ISO 9001 15500 -1 10. Conform to Intertek Testing Services for construction of chillers and provide ETL/cETL Listed Mark B. Factory Run Test: Chiller shall be pressure -tested, evacuated and fully charged with refrigerant and oil, and shall be factory operational run tested with water flowing through the vessel. C. Chiller manufacturer shall have a factory trained and supported service organization. D. Warranty: Manufacturer shall Warrant all equipment and material of its manufacture against defects in workmanship and material for a period of eighteen (18) months from date of shipment or twelve (12) months from date of start-up, whichever occurs first. 1.05 DELIVERY AND HANDLING A. Unit shall be delivered to job site fully assembled with all interconnecting refrigerant piping and internal wiring ready for field installation and charged with refrigerant and oil by the Manufacturer. B. Provide protective covering over vulnerable components for unit protection during shipment. Fit nozzles and open ends with plastic enclosures. C. Unit shall be stored and handled per Manufacturer's instructions. PART 2-PRODUCTS 2.01 MANUFACTURERS A. The design shown on the Drawings is based on YORK model YVAA chiller manufactured by Johnson Controls / YORK. Alternate equipment will be acceptable if the manufacturer's equipment meets the scheduled performance and complies with these specifications. If equipment manufactured by a manufacturer other than that scheduled is utilized, then the Mechanical Contractor shall be responsible for coordinating with the General Contractor and all affected Subcontractors to insure proper provisions for installation of the furnished unit. This coordination shall include, but not be limited to, the following: 1. Structural supports for units. 2. Piping size and connection/header locations. 3. Electrical power requirements and wire/conduit and overcurrent protection sizes. 4. Chiller physical size on plant layout. 5. Site noise considerations. B. The Mechanical Contractor shall be responsible for all costs incurred by the General Contractor, Subcontractors, and Consultants to modify the building provisions to accept the furnished alternate equipment. C. The equipment manufacturer must specialize in the design and manufacture of the products specified and shall have a minimum of five (5) years of experience in supplying variable speed driven compressor technology on the type of equipment and refrigerant specified. 15500 - 2 2.02 GENERAL A. Description: Furnish, Install, and Commission factory assembled, charged, and operational run tested air-cooled screw compressor chiller as specified herein and shown on the Drawings. Chiller shall include, but is not limited to: a complete system with multiple independent refrigerant circuits, semi hermetic twin screw compressors, tube -in - shell hybrid falling film type evaporator, air-cooled condenser, R134a refrigerant, lubrication system, interconnecting wiring, safety and operating controls including capacity controller, control center, motor starting components, and special features as specified herein or required for safe, automatic operation. B. Operating Characteristics: 1. Provide low and high ambient temperature control options as required to ensure unit is capable of operation from 0T to 1250F ambient temperature. 2. Provide capacity control system capable of reducing unit capacity to 10% of full load for 2 compressor units. Compressor shall start in unloaded condition. Hot gas bypass shall not be acceptable to meet specified minimum load. C. Cabinet: Unit panels, structural elements, control boxes and heavy gauge structural base shall be constructed of painted galvanized steel. All exposed sheet steel shall be coated with baked on powder paint to meet 500-hour salt spray test in accordance with the ASTM B 117 standard. D. Shipping: Unit shall ship in one piece and shall require installer to provide only a single evaporator inlet and outlet pipe connection. If providing chiller model that ships in multiple pieces, bid shall include all the material and field labor costs for factory authorized personnel to install a trim kit to connect the pieces as well as all interconnecting piping and wiring. 2.03 COMPRESSORS A. Compressors: Shall be direct drive, semi hermetic, rotary twin-screw type, including: muffler, temperature actuated `off -cycle' heater, rain -tight terminal box, discharge shut- off service valve, suction shut-off service valve for each compressor, and precision machined cast iron housing. Design working pressure of entire compressor,. suction to discharge, shall be 350 psig or higher. Compressor shall be U.L. Recognized. B. Compressor Motors: Refrigerant suction -gas cooled accessible hermetic compressor motor, full suction gas flow through 0.006' maximum mesh screen, with inherent internal thermal overload protection and external current overload on all three phases. C. Balancing Requirements: All rotating parts shall be statically and dynamically balanced. D. Lubrication System: External oil separators with no moving parts, 450 psig design working pressure, and ETL listing shall be provided on the chiller. Refrigerant system differential pressure shall provide oil flow through service replaceable, 0.5 micron, full flow, cartridge type oil filter internal to compressor. Filter bypass, less restrictive media, or oil pump not acceptable. 15500 - 3 E. Capacity Control: Compressors shall start at minimum load. Provide Microprocessor control to command compressor capacity to balance compressor capacity with cooling load. 2.04 REFRIGERANT CIRCUIT COMPONENTS A. Refrigerant: R-134a. Classified as Safety Group Al according to ASHRAE 34. B. Equipment supplied shall comply with LEED Energy & Atmospheric Credit 4, Enhanced Refrigerant Management. C. Each independent refrigerant circuit shall incorporate all components necessary for the designed operation including: liquid line shut-off valve with charging port, low side pressure relief device, removable core filter -drier and sight glass with moisture indicator. D. Chiller manufacturer shall provide an independent circuit for each compressor to provide maximum redundancy during chiller operation. If equipment does not have independent circuits per compressor, manufacturer shall provide owner one spare compressor of each unique size. E. Discharge lines shall be provided with manual compressor shut-off service valves. 2.05 HEAT EXCHANGERS A. Evaporator: 1. Evaporator shall be tube -in -shell, hybrid falling film type to optimize efficiency and refrigerant charge. Tubes shall be high -efficiency, internally and externally enhanced type copper tubes with 0.035" minimum wall thickness at all intermediate tube supports to provide maximum tube wall thickness at the support area. Each tube shall be roller expanded into the tube sheets providing a leak proof seal, and be individually replaceable. Independent refrigerant circuits shall be provided per compressor. 2. Constructed, tested, and stamped in accordance with applicable sections of ASME pressure vessel code for minimum 235 psig refrigerant side design working pressure and 150 psig liquid side design working pressure. 3. Water boxes shall be removable to permit tube cleaning and replacement. Water boxes shall include liquid nozzle connections suitable for ANSUAWWA C-606 couplings, welding, or flanges. Unit shall include 150 psig ANSI raised -face flanges with ANSI/AWWA C-606 couplings. Flanges are field -mounted by Contractor. Companion flanges, bolts, nuts, and gaskets are not included. 4. Provide vent and drain fittings, and thermo-statically controlled heaters to protect to 0°F ambient temperature in off -cycle. 5. Connection location: Chilled liquid inlet and outlet nozzle connections are located at rear (opposite control panel) end of unit. B. B. Air-cooled Condenser: 15500 - 4 1. Condenser coils shall be micro -channel type, parallel flow aluminum alloy tubes metallurgically brazed as one piece to enhanced aluminum alloy fins. Condenser coils shall be made of a single material to avoid galvanic corrosion due to dissimilar metals. Tube and fin type condenser coils are an acceptable alternate when tubes and fins are fabricated of the same metal material to avoid galvanic corrosion due to dissimilar metals. Unit shall include Louvered/Wire Panels: Louvered steel panels on external condenser coil faces, painted to match unit panels. Heavy gauge, welded wire mesh, coated to resist corrosion, around base of machine to restrict unauthorized access. 2. Low Sound Fans: Shall provide vertical air discharge from extended orifices. Fans shall be composed of corrosion resistant aluminum hub and glass -fiber - reinforced polypropylene composite blades molded into a low -noise airfoil section. Fan impeller shall be dynamically balanced for vibration -free operation. Fan guards of heavy gauge, PVC (polyvinyl chloride) coated or galvanized steel. 3. Fan Motors: High efficiency, direct drive, 3-phase, insulation class "F", current protected, Totally Enclosed Air -Over (TEAO), with double sealed, permanently - lubricated ball bearings. Open Drip Proof (ODP) fan motors will not be acceptable. 2.06 INSULATION A. Material: Closed -cell, flexible, UV protected, thermal insulation complying with ASTM C 534 Type 2 (Sheet) for preformed flexible elastomeric cellular thermal insulation in sheet and tubular form. B. Thickness:3/4" C. Thermal conductivity: 0.26 (BTU/HR-Ft2 °F/in) maximum at 75°F mean temperature. D. Factory -applied insulation over cold surfaces of liquid chiller components including evaporator shell, water boxes, and suction line. Liquid nozzles shall be insulated by Contractor after pipe installation. E. Adhesive: As recommended by insulation manufacturer and applied to 100 percent of insulation contact surface including all seams and joints. 2.07 ACOUSTICAL DATA A. Provide acoustical sound power or sound pressure level data in decibels (dB) at the scheduled eight (8) octave band center frequencies. A -weighted sound data alone is not acceptable. B. Acoustical performance ratings shall be in accordance with AHR.I Standard 370. 2.08 POWER AND ELECTRICAL REQUIREMENTS A. Power/Control Panel: 15500 - 5 1. Factory installed and wired NEMA 3R, powder painted steel cabinets with tool lockable, hinged, latched, and gasket sealed outer doors equipped with wind struts for safer servicing. Provide main power connection(s), compressor starters and fan motor contactors, current overloads, and factory wiring. 2. Panel shall include control display access door. B. Single Point Power: 1. Provide single point power connection to chiller, shall be 3 phase of scheduled voltage. 2. Single Point Disconnect: A non -fused disconnect and lockable external handle shall be provided at the point of incoming single point connection for field connection, interconnecting wiring to the compressors, and isolating the unit power voltage for servicing. Separate external fusing must be supplied, by others, in the incoming power wiring which must comply with local codes. C. Control Transformer: Power panel shall be supplied with a factory mounted and wired control transformer that will supply all unit control voltage from the main unit power supply. Transformer shall utilize scheduled line voltage on the primary side and provide 115V/10 on secondary. D. Short Circuit Withstand Rating of the chiller electrical enclosure shall be (380, 400, & 460V: 50,000 Amps.) Rating shall be published in accordance with UL508. E. Motor Starters: Motor starters shall be Variable Frequency Drive type with zero electrical inrush current. Wye -Delta, Solid State, and Across the Line type starters will not be acceptable. F. Power Factor: 1. Provide equipment with power factor correction capacitors as required to maintain a displacement power factor of 95% at all load conditions. 2. The installing contractor is responsible for additional cost to furnish and install power factor correction capacitors if they are not factory mounted and wired. G. All exposed power wiring shall be routed through liquid -tight, UV -stabilized, non- metallic conduit. H. If the supplied equipment exceeds scheduled Minimum Circuit Ampacity (MCA), the mechanical Contractor shall be responsible for any additional electrical infrastructure costs associated with equipment deviation. 2.09 CONTROLS A. General: Provide automatic control of chiller operation including compressor start/stop and load/unload, anti -recycle timers, condenser fans, evaporator pump, evaporator heater, unit alarm contacts and run signal contacts. 15500 - 6 r 2. Chiller shall automatically reset to normal chiller operation after power failure. 3. Unit operating software shall be stored in non-volatile memory. Field programmed set points shall be retained in lithium battery backed regulated time clock (RTC) memory for minimum 5 years. 4. Alarm contacts shall be provided to remote alert for any unit or system safety fault. B. Display and Keypad: 1. Provide minimum 80 character liquid crystal display that is both viewable in direct sunlight and has LED backlighting for nighttime viewing. Provide one keypad and display panel per chiller. 2. Display and keypad shall be accessible through display access door without opening main control/electrical cabinet doors. 3. Display shall provide a minimum of unit setpoints, status, electrical data, temperature data, pressures, safety lockouts and diagnostics without the use of a coded display. 4. Descriptions in English (or available language options), numeric data in English (or Metric) units. 5. Sealed keypad shall include unit On/Off switch. C. Programmable Setpoints (within Manufacturer limits): Display language, chilled liquid cooling mode, local/remote control mode, display units mode, system lead/lag control mode, remote temperature reset, remote current limit, remote sound limit, low ambient temperature cutout enable/disable, leaving chilled liquid setpoint and range, maximum remote temperature reset. D. Display Data: Chilled liquid leaving and entering temperatures; outside ambient air temperature; lead system; evaporator pump status; active remote control; compressor suction, discharge, and oil pressures per refrigerant circuit; compressor discharge, motor, and oil temperatures per refrigerant circuit; saturation temperatures per refrigerant circuit; compressor speed; condenser fan status; condenser subcooling temperature; condenser drain valve percentage open; compressor capacity in percentage of Full Load Amps; compressor number of starts; run time; operating hours; evaporator heater status; history data for last ten shutdown faults; history data for last 20 normal (non -fault) shutdowns. E. Predictive Control Points: Unit controls shall avoid safety shutdown when operating outside design conditions by optimizing the chiller controls and cooling load output to stay online and avoid safety limits being reached. The system shall monitor the following parameters and maintain the maximum cooling output possible without shutdown of the equipment: motor current, suction pressure, discharge pressure, starter internal ambient temperature, and starter baseplate temperature. F. System Safeties: Shall cause individual compressor systems to perform auto -reset shut down if: high discharge pressure or temperature, low suction pressure, low motor current, high/low differential oil pressure, low discharge superheat, high motor temperature, system control voltage. 15500 - 7 G. Unit Safeties: Shall be automatic reset and cause compressors to shut down if high or low ambient temperature, low leaving chilled liquid temperature, under voltage, flow switch operation. Contractor shall provide flow switch and wiring per chiller manufacturer requirements. H. Manufacturer shall provide any controls not listed above, necessary for automatic chiller operation. Mechanical Contractor shall provide field control wiring necessary to interface sensors to the chiller control system. 2.10 ACCESSORIES AND OPTIONS A. CONTROLS OPTIONS: 1. SP NF Disconnect Switch w/Lockable Handle 2. BACnet Interface B. B. GENERAL OPTIONS: 1. Suction Service Isolation Valve 2. One Flow Switch 3. Wire/Louvered Encl Panels (factory) PART 3 - EXECUTION 3.01 INSTALLATION A. General: Rig and Install in full accordance with Manufacturer's requirements, Project drawings, and Contract documents. B. Location: Locate chiller as indicated on drawings, including cleaning and service maintenance clearance per Manufacturer instructions. Adjust and level chiller on support structure. C. Components: Installing Contractor shall provide and install all auxiliary devices and accessories for fully operational chiller. D. Electrical: Coordinate electrical requirements and connections for all power feeds with Electrical Contractor. E. Controls: Coordinate all control requirements and connections with Controls Contractor. F. Finish: Installing Contractor shall paint damaged and abraded factory finish with touch- up paint matching factory finish. END OF SECTION 15500 - 8 SECTION 15700 BUILDING MANAGEMENT SYSTEM PART 1 - GENERAL 1.01 NOTE A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.02 SCOPE A. This section of the specifications comprises the furnishing of all labor, materials, transportation, tools and appliances and in performing all operations in connection with the Building Management System as described herein and/or as shown on the accompanying drawings, or reasonably implied therefrom. 1.03 BMS Description A. The Building Management System (BMS) shall be a complete system designed for use with the enterprise IT system. Contractor shall be responsible for coordination with the owner's IT staff to ensure that the BMS will perform in the owner's environment without disruption to any of the other activities taking place on that LAN. B. BMS shall be manufactured and installed by Johnson Controls, no exceptions. All points of user interface shall be on standard customer furnished PCs that do not require the purchase of any special software from the BMS manufacturer for use as a building operations terminal. The primary point of interface on these PCs will be a standard Web Browser. BMS shall be an extension of the City's BMS installed in the Municipal Building using the same software format that is in place. No integration software will be acceptable. No concurrent BMS systems will be allowed. 1.04 Submittals A. Shop Drawings, Product Data, and Samples 1. The BMS contractor shall submit a list of all shop drawings with submittal data within 30 days of contract award. 2. Submittals shall be in defined packages. Each package shall be complete and shall only reference itself and previously submitted packages. The packages shall be as approved by the Architect and Engineer for Contract compliance. 15700 -1 1.05 Warranty A. Standard Material and Labor Warranty: l . Provide a one-year labor and material warranty on the BMS. 2. If within twelve (12) months from the date of acceptance of product, upon written notice from the owner, it is found to be defective in operation, workmanship or materials, it shall be replaced, repaired or adjusted at the option of the BMS Contractor at the cost of the BMS Contractor. PART 2 - PRODUCTS 2.01 General Description A. The Building Management System (BMS) shall use an open architecture and fully support a multi -vendor environment. To accomplish this effectively, the BMS shall support open communication protocol standards and integrate a wide variety of third - party devices and applications. The system shall be designed for use on the Internet, or intranets using off the shelf, industry standard technology compatible with other owner provided networks. B. The Building Management System shall consist of the following: Metasys Extended Architecture. 2.02 Network Control Engines (NCE) A. The Network Control Engine (NCE) shall be a fully user -programmable, supervisory controller. The NCE shall monitor the network of distributed application -specific controllers, provide global strategy and direction, and communicate on a peer -to -peer basis with other JCI Network Automation Engines on the City network. B. The Network Control Engine (NCE) shall be a fully user -programmable, digital controller that includes a minimum of 33 I/O points. C. Automation Network — The NCE shall reside on the automation network and shall support a subnet of 32 Field controllers. D. User Interface — Each NCE shall have the ability to deliver a web based User Interface (UI) as previously described. All computers connected physically or virtually to the automation network shall have access to the web based UI. 1. The web based UI software shall be imbedded in the NCE. Systems that require a local copy of the system database on the user's personal computer are not acceptable. 2. The NCE shall support a minimum of two (2) concurrent users. 3. The NCE shall have the capability of generating web based UI graphics. The graphics capability shall be imbedded in the NCE. 4. Systems that support UI Graphics from a central database or require the graphics to reside on the user's personal computer are not acceptable. 15700 - 2 E. F. G. 5. The web based UI shall support the following functions using a standard version of Microsoft Internet Explorer: (a) Configuration (b) Commissioning (c) Data Archiving (d) Monitoring (e) Commanding (f) System Diagnostics 6. Systems that require workstation software or modified web browsers are not acceptable. The NCE shall have the capability to execute complex control sequences involving direct wired UO points as well as input and output devices communicating over the Field Trunk or the SA Bus. The NCE shall support, but not be limited to, the following applications: 1. Central Equipment including chillers and boilers 2. Lighting and electrical distribution 3. Built-up air handling units for special applications 4. Power generation and energy monitoring equipment 5. Interfaces to security and fire detection systems The NCE shall support a Local Controller Display (DIS 1710) either as an integral part of the NCE or as a remote device communicating over the SA Bus. 1. The Display shall use a BACnet Standard SSPC-135, clause 9 Master- Slave/Token-Passing protocol. 2. The Display shall allow the user to view monitored points without logging into the system. 3. The Display shall allow the user to view and change setpoints, modes of operation, and parameters. 4. The Display shall provide password protection with user adjustable password timeout. 5. The Display shall be menu driven with separate paths for: (a) Input/Output (b) Parameter/Setpoint (c) Overrides 6. The Display shall use easy -to -read English text messages. 7. The Display shall allow the user to select the points to be shown and in what order. 8. The Display shall support a back lit Liquid Crystal Display (LCD) with adjustable contrast and brightens and automatic backlight brightening during user interaction. 9. The display shall be a minimum of 4 lines and a minimum of 20 characters per line 10. The Display shall have a keypad with no more than 6 keys. 15700 - 3 11. The Display shall be panel mountable. H. The NCE shall include an integrated, hardware -based, real-time clock. I. The NCE shall employ nonvolatile Flash memory to store all programs and data. The NCE shall employ a data protection battery to save data and power the real time clock when primary power is interrupted. J. The NCE shall provide removable, color coded, screw terminal blocks for 24 VAC power, communication bus and I/O point field wiring. K. Communications Ports — The NCE shall provide the following ports for operation of operator Input/Output (UO) devices, such as industry -standard computers, modems, and portable operator's terminals. 1. USB port 2. RS-232 serial data communication port 3. RS-485 port 4. RJ45 Ethernet port 5. RJ-12 jack L. Power Failure — In the event of the loss of normal power, The NCE shall continue to operate for a user adjustable period of up to 10 minutes after which there shall be an ' - orderly shutdown of all programs to prevent the loss of database or operating system software. 1. During a loss of normal power, the control sequences shall go to the normal system shutdown conditions. All critical configuration data shall be saved into Flash memory. 2. Upon restoration of normal power and after a minimum off -time delay, the controller shall automatically resume full operation without manual intervention through a normal soft -start sequence. M. Certification — The NCE shall be listed by Underwriters Laboratories (UL).File E107041, CCN PAZX, UL 916, Energy Management Equipment. FCC Compliant to CFR47, Part 15, Subpart B, Class A N. Field Controller Bus — The NCE shall support the following communication protocols on the Field Controller Bus: 1. The NCE shall support BACnet Standard MS/TP Bus Protocol ASHRAE SSPC- 135, Clause 9 on the controller network. (a) The NCE shall be BACnet Testing Labs (BTL) certified and carry the BTL Label. (b) The NAE shall be tested and certified as a BACnet Building Controller (B-BC). (c) A BACnet Protocol Implementation Conformance Statement shall be provided for the NCE. (d) The Conformance Statements shall be submitted 10 days prior to bidding. r 15700 - 4 (e) The NCE shall support a minimum of 32 control devices. PART 3 - PERFORMANCE / EXECUTION 3.01 BMS Specific Requirements A. Graphic Displays 1. Provide a color graphic system flow diagram display for each system with all points as indicated on the point list. All terminal unit graphic displays shall be from a standard design library. 2. User shall access the various system schematics via a graphical penetration scheme and/or menu selection. . 3.02 Installation Practices A. BMS Wiring 1. All conduit, wiring, accessories and wiring connections required for the installation of the Building Management System, as herein specified, shall be provided by the BMS Contractor unless specifically shown on the Electrical Drawings under Division 16 Electrical. All wiring shall comply with the requirements of all local and national electric codes, unless specified otherwise in this section. 2. All BMS wiring materials and installation methods shall comply with BMS manufacturer recommendations. 3. Class 2 Wiring (a) All Class 2 (24VAC or less) wiring in exposed locations shall be installed in conduit or wire mold unless otherwise specified. (b) Conduit is not required for Class 2 wiring in concealed accessible locations. Class 2 wiring not installed in conduit shall be supported every 5' from the building structure utilizing metal hangers designed for this application. Wiring shall be installed parallel to the building structural lines. All wiring shall be installed in accordance with local code requirements. B. Class 2 signal wiring and 24VAC power can be run in the same conduit. Power wiring_ 120VAC and greater cannot share the same conduit with Class 2 signal wiring. 3.03 Training A. The BMS contractor shall provide the following training services: 1. Four hours of on -site orientation by a system technician who is fully [ knowledgeable of the specific installation details of the project. This orientation shall, at a minimum, consist of a review of the project as -built drawings, the BMS software layout and naming conventions, and a walk through of the facility to identify panel and device locations. 15700 - 5 3.04 Sequence of Operations A. SYSTEM ENABLE: The cooling system will automatically start when the outside air temperature rises above the system enable setpoint while the system enable is "on'. When the outside air temperature falls below this setpoint or the system enable is "off', the cooling system will be disabled. B. CHILLER CONTROL: This system consists of two chillers. The chillers shall be controlled via their own internal controls to maintain a chilled water supply temperature. The chiller setpoint will be controlled remotely via the BMS. The chillers shall operate in a lead/lag condition and rotate to provide equal run time. Utilize a chilled water supply reset based on outside air temperature. C. CHILLED WATER PUMP CONTROL: When enabled, the isolation valve will open and the pump associated with each chiller will be started. If the pump status does not match the command, an alarm will be generated and the chiller will be stopped. Upon loss of status, the pump will restart after the system reset is activated. After the chiller is commanded off, the pump will continue to run for a short time to allow the equipment to coast down. The isolation valve will then close. D. ADDITIONAL POINTS MONITORED BY THE BMS: 1. Chiller Status 2. Chiller Alarm 3. Chiller Leaving Water Temperature 4. Chiller Entering Water Temperature 5. Chiller Amps 6. Outdoor Air Temperature 7. Plant Entering Water Temperature (temp with both chillers on) 8. Plant Leaving Water Temperature (temp with both chillers on) 9. All points available via the BACnet card provided with the chiller 15700 - 6 3.05 Point Lists POINT DESCRIPTION POINT TYPE POINT FUNCTION CHILLED WATER SYSTEM } m o z Q F a z a. O co r coH a a w w a. 2 h o o CHILLER 2 X X X X X CHWS TEMP/CHILLER X X X X CHWRTEMP/CHILLER X X X X PUMPS 2 X X X X X X ISOLATION VAVLES 2 X X X X OA TEMP X X X PLANT CHWS TEMP X X X X PLANT CHWR TEMP X X X X END OF SECTION I 15700 - 7 SECTION 16000 GENERAL PROVISIONS FOR ELECTRICAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specification Sections, apply to the work of this Section. 1.02 ELECTRICAL LINES: A. General: In general, the electrical lines to be installed under these Specifications shall be run as indicated, as specified herein, as required by particular conditions at the site, and as required to conform to the generally accepted standards as to complete the work in a neat and satisfactorily workable manner. The following is a general outline concerning the running of electrical lines and is to be excepted where the drawings or conditions at the building necessitate deviating from these standards. B. General Construction: The Contractor shall thoroughly acquaint himself with the details of the construction and finishes before submitting his bid as no allowances will be made because of the Contractor's unfamiliarity with these details. Place all inserts in masonry walls while they are under construction. All concealed lines shall be installed as required by the pace of the general construction to precede that general construction. C. Field Conditions: The electrical Drawings do not give exact details as to elevations of electrical lines, exact locations, etc., and do not show all the offsets, and other installation details. The Contractor shall carefully lay out his work at the site to conform to the architectural and structural conditions, to avoid all obstruction, to conform to details of ' installation supplied by the manufacturers of the equipment to be installed, and thereby to provide an integrated, satisfactorily operating installation. D. Locations of Electrical Devices: The electrical Drawings show diagrammatically the locations of the various electrical outlets and apparatus and the method of circuiting and controlling them. Exact locations of these outlets and apparatus shall be determined by reference to the general Drawings and to all detail drawings, equipment drawings, roughing -in drawings, etc., by measurements at the building, and in cooperation with other sections, and in all cases shall be subject to the approval of the Architect. The Architect reserves the right to make any reasonable change in location of any outlet or apparatus before installation (within 10 feet of location shown on drawings) or after installation if an obvious conflict exists, without additional cost to the Owner. E. Space Requirements: The Contractor shall be responsible for the proper fitting of his material and apparatus into the space. Should the particular equipment that any bidder proposes to install require other space conditions than those indicated on the drawings, he shall arrange for such space with the Architect before submitting his bid. Should changes become necessary on account of failure to comply with this clause, the Contractor shall make such necessary changes at his (the Contractor's) own expense. 16000 -1 F. Working Drawings: The Contractor shall submit scale working drawings of all his apparatus and equipment which in any way varies from these Specifications and Drawings. The Architect shall check these variations from the Specifications and Drawings before the work is started. Before the work proceeds, the contractor shall correct any interference with the structural conditions. G. Order of Precedence: Order of precedence shall be observed in laying -out the conduit in order to fit the material into the space above the ceiling and in the chases and walls. The installation shall be coordinated with the work of all other trades. The following order shall govern: 1. Items affecting the visual appearance of the inside of the building such as lighting fixtures, outlets, panelboards, etc. Coordinate all items to avoid conflicts at the site. 2. Lines requiring grade to function such as sewers. 3. Large ducts and pipes with critical clearances. 4. Conduit, water lines, and other lines whose routing is not critical and whose function bends and offsets would not impair. H. Equipment Connections: Conduits serving outlets on items of equipment shall be run in the most appropriate manner. Where the equipment has built-in chases, the lines shall be contained therein. Where the equipment is of the open type, the lines shall be run as close as possible to the underside of the top and in a neat and inconspicuous manner. I. Exceptions and Inconsistencies: Exceptions and inconsistencies in Drawings and Specifications shall be brought to the Architect's attention before the contract is signed. Otherwise, the Contractor shall be responsible for any and all changes and additions that may be necessary to accommodate his particular apparatus, material, or equipment. J. Intent of Drawings and Specifications: The Contractor shall distinctly understand that the work described herein and shown on the accompanying drawings shall result in a finished and working job, and any item required to accomplish this intent shall be included whether specifically mentioned or not. K. Examination of Drawings and Specifications: Each bidder shall examine the Drawings and Specifications for the General Construction. If these documents show any item requiring work under Division 16 and that work is not indicated on the respective Electrical drawings, he shall notify the Architect in sufficient time to clarify before bidding. If no notification is received, the Contractor is assumed to require no clarification, and shall install the work as indicated on the General Drawings in accordance with the Specifications. 1.03 DIMENSIONS: A. General: Before ordering any material or doing any work, the Contractor shall verify all dimensions, including elevations, and shall be responsible for the correctness of the same. No extra charge or compensation will be allowed on account of differences between actual dimensions and measurements indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration before proceeding with the work. 16000 - 2 1.04 INSPECTION OF SITE: A. General: The accompanying Drawings do not indicate completely the existing electrical installations. The bidders for the work under these sections of the Specifications shall inspect the existing installations and thoroughly acquaint themselves with conditions to be met and the work to be accomplished in removing and modifying the existing work, and in installing the new work in the present building and underground serving to and from that structure. Failure to comply with this shall not constitute grounds for any additional payments in connection with removing or modifying any part of the existing installations and/or installing any new work. 1.05 ELECTRICAL WIRING: A. Description: All electric wiring of every character, both for power supply, for pilot and control, for temperature control, for communications, etc. will be done under Division 16 of these Specifications. Every electrical current consuming device furnished as a part of this project, or furnished by the Owner and installed in this project, shall be completely wired up under Division 16. Verification of exact location, method of connection, number and size of wires required, voltage requirements, and phase requirements is the responsibility of the Contractor under Division 16. If conflicts occur between the drawings and the actual requirements, actual requirements shall govern. 1.06 PROGRESS OF WORK: A. General: The Contractor shall keep himself fully informed as to the progress of the work and do his work at the proper time without waiting for notification from the Architect or Owner. 1.07 MANUFACTURER'S DIRECTIONS: A. General: All manufactured articles shall be applied, installed and handled as recommended by the manufacturer. 1.08 MATERIALS AND WORKMANSHIP: A. Materials: All materials shall be new unless otherwise specified and of the quality specified. Materials shall be free from defects and undamaged. All materials of a type for which the Underwriters Laboratories, Inc. have established a standard shall be listed by the Underwriters Laboratories, Inc. and shall bear their label. B. Samples: The Architect reserves the right to call for samples of any item of material offered in substitution, together with a sample of the specified material, when, in the Architect's opinion, the quality of the material and/or the appearance is involved and it is deemed that an evaluation of the two materials may be better made by visual inspection. This shall be limited to lighting fixtures, wiring devices, and similar items and shall not be applicable to major manufacturers' items of equipment. C. Transportation: The Contractor shall be responsible for transportation of his materials to and on the job, and shall be responsible for the storage and protection of these materials and work until the final acceptance of the job. 16000 - 3 P� D. Appurtenances: The Contractor shall furnish all necessary scaffolding, tackle, tools and appurtenances of all kinds, and all labor required for the safe and expeditious execution of his contract. E. Workmanship: The workmanship shall in all respects be of the highest grade and all construction shall be done according to the best practice of the trade. 1.09 PROTECTION OF APPARATUS: A. General: The Contractor shall at all times take such precautions as may be necessary to properly protect his new apparatus from damage. This shall include the erection of all required temporary shelters to adequately protect any apparatus stored in the open on the site, the cribbing of any apparatus above the floor of the construction, and the covering of apparatus in the uncompleted building with tarpaulins or other protective covering. Failure on the part of the Contractor to comply with the above to the entire satisfaction of the Architect will be sufficient cause for the rejection of the pieces of apparatus in question. 1.10 PERMITS, FEE, ETC.: A. General: The Contractor under each section of these Specifications shall arrange for a permit from the local authority. The Contractor shall arrange for all utility services, including electric services. If any charges are made by any of the utility companies due to F the work on this project, the Contractor shall pay these charges, including charges for metering, connection, street cutting, etc. The Contractor shall pay for any inspection fees or other fees and charges required by ordinance, law, codes and these Specifications. 1.11 TESTING: A. General: The Contractor under each division shall at his own expense perform the various tests as specified and required by the Architect and as required by the State and local authorities. The Contractor shall famish all fuel and materials necessary for making tests. 1.12 LAWS, CODES AND ORDINANCES: A. General: All work shall be executed in strict accordance with all local, state and national codes, ordinances and regulations governing the particular class of work involved, as interpreted by the inspecting authority. The Contractor shall be. responsible for the final ILI execution of the work under this heading to suit those requirements. Where these Specifications and the accompanying drawings conflict with these requirements, the Contractor shall report the matter to the Architect, shall prepare any supplemental drawings required illustrating how the work may be installed so as to comply and, on approval, make the changes at no cost to the Owner. On completion of the various portions of the work the installation shall be tested by the constituted authorities, approved and, on completion of the work, the Contractor shall obtain and deliver to the Owner a final certificate of acceptance. 16000 - 4 s 1.13 TERMINOLOGY: A. "Furnish, Provide, Install": Whenever the words "furnish", "provide", "furnish and install," "provide and install', and/or similar phrases occur, it is the intent that the materials and equipment described be furnished, installed and connected under this Division of the Specifications, complete for operation unless specifically noted to the contrary. B. Materials: Where a material is described in detail, listed by catalogue number or otherwise called for, it shall be the Contractor's responsibility to furnish and install the material. C. "Shall": The use of the word "shall" conveys a mandatory condition to the contract. D. "Section": "This section" always refers to the section in which the statement occurs. E. "Project": "The project" includes all work in progress during the construction period. F. Multiple Items: In describing the various items of equipment, in general, each item will be described singularly, even though there may be a multiplicity of identical or similar items. 1.14 COOPERATION: A. General: The contractor for the work under each section of these Specifications shall coordinate his work with the work described in all other sections of the Specifications to the end that, as a whole, the job shall be a finished one of its kind, and shall carry on his work in such a manner that none of the work under any section of these Specifications shall be handicapped, hindered or delayed at any time. 1.15 COORDINATION OF TRADES: A. General: The Contractor shall be responsible for resolving all coordination required between trades. For example, items furnished under Division 15 which require electrical connections shall be coordinated with Division 16 for: I. Voltage 2. Phase 3. Ampacity 4. No. and size of wires 5. Wiring diagrams 6. Starter size, details and location 7. Control devices and details B. Electrical Items: All items specified under Divisions 16 shall be installed tight, plumb, level, square and symmetrically placed in relation to the work of other trades. 16000 - 5 1.16 CUTTING AND PATCHING: A. General: The Contractor for work specified under each section shalt perform all structural and general construction modifications and cut all openings through either roof, walls, floors or ceilings required to install all work specified under that section or to repair any defects that appear up to the expiration of the guarantee. All of this cutting shall be done under the supervision of the Architect and the Contractor shall exercise due diligence to avoid cutting openings larger than required or in wrong locations. B. Structural Members: No cutting shall be done to any of the structural members that would tend to lessen their strength, unless specific permission is granted by the Architect to do such cutting. C. Patching: The Contractor for work under each section shall be responsible for the patching of all openings cut to install the work covered by that section and to repair the damage resulting from the failure of any part of the work installed hereunder. D. Coordination: Before bidding, the Contractor shall review and coordinate the cutting and patching required with all trades. E. Existing Surfaces: In all spaces where new work under Division 16 is installed and no other alteration or refinishing work is shown or called for, ' existing floors, walls and ceilings shall be restored to match existing conditions. Workmen skilled in the affected trade shall do all cutting and patching. F. Masonry Walls: Where openings are cut through masonry walls, the Contractor under each respective section shall provide and install lintels or other structural supports to protect the remaining masonry and adequate support shall be provided during the cutting operation to prevent any damage to the masonry occasioned by the operation. All structural members, supports, etc. shall be of the size, shape, and installed as directed by the Architect. 1.17 PAINTING: A. General: Painting for Division 16 shall be as follows: 1. If the factory finish on any apparatus or equipment is marred, it shall be touched up and then given one coat of half -flat -half -enamel, followed by a coat of machinery enamel of a color to match the original. Paint factory primed surfaces. 2. Paint all exposed conduit, boxes, cabinets, hangers and supports, and miscellaneous metal. 3. Generally, painting is required on all surfaces such that no exposed bare metal is visible. 1.18 LARGE APPARATUS: A. General: Any large piece of apparatus which is to be installed in any space in the building, and which is too large to permit access through windows, doorways or shafts, shall be brought to the job by the Contractor involved and placed in the space before the enclosing structure is completed. 16000 - 6 1.19 RELOCATION OF EXISTING INSTALLATIONS: A. General: There are portions of the existing electrical system that shall remain in use to serve the finished building in conjunction with the indicated new installations. By actual examination at the site, each bidder shall determine those portions of the remaining present installations, which must be relocated to avoid interference with the installations of new work of his particular trade and that of all other trades. All such existing installations that interfere with new installations shall be relocated by the Contractor under the Division in which the existing material normally belongs, and in a manner as directed by the Architect. For example where existing conduit and electrical equipment interferes with the installation of new work, it shall be relocated under Division 16. Failure to become familiar with the extent of the relocation work involved shall not relieve the Contractor of responsibility and shall not be used as a basis for additional compensation. 1.20 ROUGH -IN AND MAKE FINAL CONNECTION FOR EQUIPMENT: A. General: The shop drawings for all equipment are hereby made a part of these Specifications. The Contractor under each section of the Specifications shall rough -in for the exact item to be furnished on the job, whether in another section of the Specifications or by the Owner. The Contractor shall refer to all drawings and other sections of the Specifications for the scope of work involved for the new equipment, and by actual site examination determine the scope of the required equipment connections for the Owner furnished equipment. B. Discrepancies: Should any of the equipment furnished require connections of a nature different from that shown on the drawings, report the matter to the Architect and finally connect as directed by the Architect. Minor differences in the equipment furnished and that indicated on the drawings will not constitute ground for additional payment to the Contractor. END OF SECTION 16000 - 7 SECTION 16060 MINOR ELECTRICAL DEMOLITION FOR REMODELING PART I - GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. PART 2 - PRODUCTS 2.01 MATERIALS AND EQUIPMENT: A. Materials and equipment for patching and extending work: As specified in individual Sections. PART 3 - EXECUTION 3.01 EXAMINATION: A. Field Measurements: Verify field measurements and circuiting arrangements are as shown on Drawings. B. Abandoned Circuits: Verify that abandoned wiring and equipment serve only abandoned facilities. C. Field Conditions: Demolition Drawings are based on casual field observation and existing record documents. Report discrepancies to Owner and.Architect/Engineer before disturbing existing installation. D. Existing Conditions: Beginning of demolition means installer accepts existing conditions. 3.02 PREPARATION: A. Demolition: Disconnect electrical systems in walls, floors, and ceilings scheduled for removal. B. Utility Coordination: Coordinate utility service outages with Utility Company. C. Temporary Wiring: Provide temporary wiring and connections to maintain existing systems in service during construction. When work must be performed on energized equipment or circuits, use personnel experienced in such operations. D. Existing Electrical Service: Maintain existing system in service until new system is complete and ready for service. Disable system only to make switchovers and connections. Obtain permission from Owner at least 72 hours before partially or completely disabling system. Minimize outage duration. Make temporary connections to maintain service in areas adjacent to work area. i 16060 -1 t� 3.03 DEMOLITION AND EXTENSION OF EXISTING ELECTRICAL WORK: A. General: Demolish and extend existing electrical work under provisions of the Drawings, General Provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections. B. New Construction: Remove, relocate, and extend existing installations to accommodate new construction. C. Abandoned Wiring: Remove abandoned wiring to source of supply. D. Exposed Conduit: Remove exposed abandoned conduit, including abandoned conduit above accessible ceiling finishes. -Cut conduit flush with walls and floors, and patch surfaces. E. Abandoned Devices: Disconnect abandoned outlets and remove devices. Remove abandoned outlets if conduit servicing them is abandoned and removed. Provide blank cover for abandoned outlets, which are not removed. F. Abandoned Equipment: Disconnect and remove electrical devices and equipment serving utilization equipment that has been removed. G. Abandoned Lighting Fixtures: Disconnect and remove abandoned lighting fixtures. Remove brackets, stems, hangers, and other accessories. H. Adjacent Construction: Repair adjacent construction and finishes damaged during demolition and extension work I. Existing wiring to remain active: Maintain access to existing electrical installations, which remain active. Modify installation or provide access panel as appropriate. J. Extension of existing wiring: Extend existing installations using materials and methods compatible with existing electrical installations, as specified. 3.04 CLEANING AND REPAIR: A. Existing Materials: Clean and repair existing materials and equipment that remain or are to be reused. B. Panelboards: Clean exposed surfaces and check tightness of electrical connections. Replace damaged circuit breakers and provide closure plates for vacant positions. Provide typed circuit directory showing revised circuiting arrangement. 3.05 INSTALLATION: A. Relocated Materials: Install relocated materials and equipment under the provisions of Division 1 of the Specifications. END OF SECTION 16060 - 2 V SECTION 16110 RACEWAYS AND FITTINGS PART 1-GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data: Submit for review complete manufacturer`s catalog information on all items specified herein, including materials, construction and UL listing. Provide manufacturer's catalog data on all conduit, conduit fittings, raceway, outlet boxes, pull boxes and junction boxes. 1.03 SCOPE: A. Description: The work shall include furnishing and installing all electrical raceways, conduit, wireways, pull and junction boxes and outlet boxes, together with all fittings, supporting devices, and other accessories required. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSI/NFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.05 DELIVERY, STORAGE, AND HANDLING: A. General: Deliver, store, protect, and handle products under provisions of the General Requirements. Accept delivery of conduit, raceway, pull and junction and outlet boxes on site and inspect for damage. Report concealed damage to carrier within their required time period. Protect conduit and raceway from corrosion and entrance of debris by storing above grade protected from the weather. Provide appropriate covering. Protect PVC conduit from sunlight. 1.06 PROJECT CONDITIONS: A. Field Measurements: Verify that field measurements are as shown on the Drawings. 16110 -1 i B. Routing of Conduit: Verify routing and termination locations of conduit prior to rough -in. Conduit routing is shown on the Drawings in approximate locations unless dimensioned. The contractor shall verify all site conditions and shall route as required to complete the wiring system. PART 2 - PRODUCTS 2.01 CONDUITS: A. Rigid Steel Conduit: Rigid, threaded, thick -wall; galvanized inside and outside or galvanized outside with a protective coating inside; UL listed and labeled according to Standard UL6; conforming to ANSI Standard C80.1; Pittsburg, Republic Steel, Robroy, Allied or approved equivalent. B. Electrical Metallic Tubing (EMT): Steel tubing, galvanized outside and provided with a J- slick corrosion resistant interior coating; UL listed and labeled according to Standard 797; conforming to ANSI Standard C80.3; Pittsburg, Republic Steel, Robroy, Allied or approved equivalent. 4 C. Flexible Metal Conduit: Spirally wound with hot dip galvanized steel strips (commercial Greenfield) or interlocked aluminum construction; conforming to UL Standard UL 1 and s. UL listed and labeled; Triangle Conduit and Cable Company, or approved equivalent. D. Liquidtight Flexible Metal Conduit: Spirally wound with hot dip galvanized steel strips or interlocked aluminum construction as for flexible metal conduit; with polyvinyl chloride cover extruded over the exterior to make conduit liquidtight; UL listed and labeled; Electri-flex type "LA" or approved equivalent. l E. PVC Conduit: Type 40 heavy wall, high impact rigid virgin polyvinyl chloride (PVC) conduit, conforming to NEMA Publications TC2 and TC3 and UL listed for direct burial use; Carlon or approved equivalent. 2.02 CONDUIT FITTINGS: A. Couplings and Terminations for Rigid Steel Conduit: Factory made steel threaded couplings conforming to ANSIINEMA FBI; bushing at all boxes and cabinets, with locknuts inside and outside box or cabinet. B. Couplings and Terminations for Electrical Metallic Tubing (Compression and Set Screw Couplings): Join lengths of EMT with steel compression type couplings and connectors where exposed to the weather or in wet locations. Otherwise use steel, set -screw couplings and connectors. Couplings shall conform to ANSUNEMA FBI. The connectors shall have insulated throats so not to damage the insulation during wire pulling operations. C. Couplings and Terminations for Flexible Metal Conduit: Conforming to ANSI/NEMA FBI; T & B 440 Series or approved equivalent couplings at connections between flexible and rigid conduit; T & B 3112 or 3132 Series or approved equivalent nylon insulated throat, steel connectors at box or cabinet terminations. 16110 - 2 r D. Couplings and Terminations for Liquidtight Flexible Metal Conduit: Conforming to ANSI/NEMA FBI; T & B 5271 Series or approved equivalent adapters at connections between flexible and rigid conduit; T & B 5331 Series or approved equivalent nylon insulated throat, steel connectors at box or cabinet terminations. E. Couplings and Terminations for PVC Conduit: Type 40 heavy wall, high impact rigid virgin polyvinyl chloride (PVC) fittings, conforming to NEMA Publications TC2 and TC3 and UL listed for direct burial use; Carlon or approved equivalent. PVC couplings and solvent cement by the same manufacturer as the PVC conduit. 2.03 EXPANSION JOINTS IN CONDUIT: A. Description: Provide conduit expansion joints with internal ground and external bonding jumper, 0-Z Type AX or approved equivalent. 2.04 WIREWAYS: A. Interior Use: UL listed; enamel finished; sizes shown or required; screw covers; complete with all fittings, couplings, hangers and accessories; Square D, General Electric, or approved equivalent. B. Exterior Use: UL listed; enamel finished; sizes shown or required; removable front cover which is gasketed; weatherproof rainhood. 2.05 OUTLET BOXES: A. General: Outlet boxes shall be UL listed of sizes and types specified. B. Sheet Steel Boxes: NEMA OS 1, sheet steel not lighter than No. 14 gauge, galvanized after fabrication; Raco, Steel City, Appleton or approved equivalent. C. Cast Metal Boxes: NEMA FBI, cast iron or cast alloy with threaded hubs. Crouse -Hinds, Appleton, Pyle National or approved equivalent. 2.06 PULL BOXES AND JUNCTION BOXES: A. Description: Sheet steel, galvanized inside and outside, with galvanized covers. B. Small Boxes: For boxes where the volume required is not over 100 cubic inches, use standard outlet boxes. C. Larger Boxes: For boxes where the volume required is over 100 cubic inches, use cabinets as specified for panelboards cabinets with covers of the same gauge as cabinets, secured with corrosion resistant bolts or screws. 16110 - 3 PART 3 - EXECUTION 3.01 EXAMINATION: A. General: Examine surfaces to receive raceways, boxes and enclosures for compliance with installation tolerances and other conditions affecting performance of the raceway system. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.02 WIRING METHODS: A. Description: All wiring of every description shall be run in conduit or electrical metallic tubing unless noted or specified otherwise. Conduits may be run exposed in machinery and electrical rooms and unfinished areas. All other conduits shall be run concealed unless otherwise noted. 3.03 CONDUIT REQUIREMENTS: A. Underground Installations: 1. Type: Schedule 40 PVC conduit. 2. In or under slab on grade: Schedule 40 PVC conduit. 3. Minimum size: 3/4 inch. B. Outdoor Locations Above Grade: 1. Type: Rigid steel conduit. 2. Minimum size: 1/2 inch. C. Wet and Damp Locations: 1. Type: Rigid Steel Conduit. 2. Minimum size: 1/2 inch. D. Dry Locations: 1. Concealed: Electrical metallic tubing. 2. Exposed within 6 feet of finished floor: Rigid steel conduit or intermediate metal conduit. 3. Exposed above 6 feet of finished floor where not subject to mechanical damage: Rigid steel conduit, intermediate metal conduit or electrical metallic tubing. 4. Minimum size: 1/2 inch. [a3s t A. Installation: Install conduit in accordance with NECA "Standard Of Installation." Install raceways, boxes and enclosures according to the manufacturer's written instructions. B. Conduits: All exposed runs shall be installed level and square and at proper elevations, parallel to the surface of the building in a neat and orderly manner. Provide adequate headroom. 16110 - 4 C. Bends: Install no more than the equivalent of four 90-degree bends between boxes. Make field bends with approved bending devices. Use hydraulic one-shot bender to fabricate bends in metal conduit larger than 2-inch size. Make bends and offsets so the inside diameter is not reduced. Unless otherwise indicated, keep the legs of a bend in the same plane and the straight legs of offsets parallel. Do not install bends or offsets in which conduit is crushed, deformed or otherwise injured. D. Conduit Bodies: Use conduit bodies to make sharp changes in direction. E. Expansion Joints: Provide suitable fittings to accommodate expansions and deflection where conduit crosses control and expansion joints. F. Completion: Complete raceway installation before starting conductor installation. G. Sizes: Size and install raceways so that conductors may be drawn in without injury or excessive strain. Sizes of conduits shown on the drawings are minimum sizes to be installed. H. Connections: Use lengths of flexible metal conduit, not less than 12 inches long and not more than 24 inches long at final connections to all motors, generators, controls and other devices subject to movement because of vibration or mechanical adjustment. In damp or wet locations, and where installed outdoors, use liquidtight flexible metal conduit. I. Connections to Recessed Lighting Fixtures: Use maximum of 6 feet flexible metal conduit at connections to recessed lighting fixtures, and elsewhere as required. Flexible conduit shall be %a" minimum. Fill J. Around Heat Producing Equipment: Do not install raceways within twelve inches of ) steam and hot water pipes, breeching and flues, except where crossings are unavoidable, and then keep raceways at least six inches from insulation on the pipe, breeching or flue crossed. Wherever possible, avoid installing raceways directly above or in close proximity to boilers and other like objects operating at high temperatures. K. Damp or Wet Locations: In damp or wet locations make every effort to avoid installing raceways in a manner which will create moisture traps. Where they must be so installed, seal both ends of raceways with an approved sealing compound to prevent "breathing' and moisture condensation within the raceways. L. Protection of Raceways: Seal ends of all raceways with blank discs ("pennies"), push pennies or other approved closers during construction to prevent foreign matter from entering raceway. Do not pull any conductors into raceways until all plastering in the vicinity is completed. Swab out all raceways before pulling in conductors. i M. Penetrations: Wherever raceways pass through floors, walls partitions, etc., carefully fill i-' any space between the outside of the raceway and the building material to prevent passage of air, water, smoke and fumes. Filling material shall be fire resistive and, in l general, similar to the basic building materials through which the raceway passes. 16110 - 5 N. Roof Penetrations: Route conduit through roof openings for piping and ductwork or through suitable roof jack with pitch pocket. Coordinate location with roofing installation. O. Pulling Devices in Empty Raceways: Provide in every empty raceway, not containing conductors to be installed by this Contractor, a suitable pull line to facilitate future installation of wiring. Lines shall be free from splices and shall have not less than 12 inches of slack at each end of the pull wire. Identify each end of each line with a linen tag bearing complete information as to the purpose of the raceway and the location of its other end. All lines shall be nylon or polyethylene cord with a tensile strength not less than 200 pounds. 3.05 JOINING AND TERMINATING CONDUITS: A. Joining Rigid Conduits: Join with threaded couplings. Ream out all conduit ends after threading. Secure rigid conduits at panel boxes, junction boxes, pull boxes, switchboards, support boxes, or sheet metal outlet boxes by galvanized lockouts, inside and outside, with insulating bushing inside. Unthreaded set screw type couplings or connectors are not acceptable in rigid conduit systems. No running threads shall be used anywhere in conduit systems. B. Joining Electrical Metallic Tubing: Cut conduit square using saw or pipe cutter and de - burr cut ends. Bring conduit to shoulder of fittings and fasten securely. C. Joining PVC Conduit: Join PVC conduit using cement as recommended by the manufacturer. Wipe PVC conduit dry and clean before joining. Apply full coat of cement to entire area inserted in fitting. Allow joint to cure for twenty minutes, minimum. D. Terminations: Where raceways are terminated with lockouts and bushings, align the raceway to enter squarely, and install the lockouts with dished part against the box. Where terminations cannot be made secure with one locknut, use two lockouts, one inside and one outside the box. Where terminating in threaded hubs, screw the raceway or fitting tight into the hub so the end bears against the wire protection shoulder. Where chase nipples are used, align the raceway so the coupling is square to the box, and tighten the chase nipples so no threads are exposed. 3.06 CONDUIT SUPPORTS: A. Support Spacing: Use minimum spacing as directed by National Electrical Code, but space hangers more closely where required by conditions. B. Vertical Conduit Risers: Support vertical conduits at each floor by means of riser clamps or U-bolts, clamping them to a steel channel bridging the opening in the floor. C. Individual Conduits: Support conduits running vertically or horizontally with galvanized malleable iron one hole clamps. Carry individually supported horizontal conduits 1-1/4 inch and larger on galvanized steel hangers. Use no perforated strap iron as hanger material. Arrange supports to prevent misalignment of conduit during wire installation. 16110 - 6 D. Above Non -removable Ceilings: Where conduits smaller than 1-1/4 inch are installed above metal lath and plaster ceilings or mechanically suspended dry ceilings of the non - removable type, they may be supported on ceiling runner channels. E. Above Removable Ceilings: Where conduits smaller than 1-1/4 inch are installed above removable ceilings, attach them to the structure or bar joists (where present) or support them on threaded hanger rods with clips. Do not use any wire to support conduits or to attach conduits to supporting members. Do not attach conduit to ceiling support wires. Locate conduits a sufficient distance above the ceiling to permit removal of the ceiling panels. Locate them so as not to hinder access to mechanical and electrical equipment through the ceiling panels. F. Multiple Conduits: Where multiple raceways are run horizontally at the same elevations, they may be supported on trapezes formed of sections of Unistrut or approved equal angle iron or channels suspended on rods or pipes. Size trapeze members including the suspension rods for the number size and loaded weight of the conduits they are to support. Space them as required for the smallest conduit supported. Group related conduits together. Provide space on each rack for 25 percent additional conduit. 3.07 INSTALLATION OF OUTLET BOXES: A. Usage: Provide at each outlet or device of whatever character a metal outlet box in which conduits shall terminate. Install boxes in accordance with NECA "Standard of Installation." Install in locations as shown on the Drawings and as required for splices, taps, wire pulling, equipment connections and compliance with regulatory requirements. B. Empty or Future Boxes: Provide blank coverplates for all unused boxes and boxes indicated on the drawings to be used for future use. Coverplates shall match specified plates in section 16140. C. Boxes Recessed in Construction: Sheet steel boxes for stud wall construction. Rated cast metal boxes for block wall construction. D. For Lighting Fixture Outlets: 4" octagonal by 1-1/2 inch minimum depth with 3/8 inch fixture stud for incandescent lights which are surface mounted, wall mounted or suspended. E. For Wall Switches, Receptacles, Communications and Fire Alarm Use: Use 4 inch x 4 inch size with proper square cornered file wall cover, plaster cover, or finishing plate, except where construction will not permit or the device requires a larger box. F. Wall Mounted Telephone Outlet Boxes: 4-11/16 inch square by 2-1/8 inch deep, unless otherwise noted or unless wall construction requires a smaller box. G. Boxes for Exposed Work: Cast metal boxes. Use cast fully adjustable floor boxes for installations in slab on grade. H. Boxes for Outdoors: Cast metal boxes with gasketed covers. Use cast outlet box in exterior locations exposed to weather and wet locations. 16110 - 7 I. Location of Boxes: Set wall mounted boxes at elevations to accommodate mounting heights indicated or specified in section for outlet device. Electrical boxes are shown on Drawings in approximate locations unless dimensioned. Adjust box location up to 10 feet if required to accommodate intended purpose. Install pull boxes and junction boxes above accessible ceilings and in unfinished areas only. J. Orientation of Boxes: Orient boxes to accommodate wiring devices oriented as specified in Section 16140 - WIRING DEVICES. K. Above Inaccessible Ceilings: Install outlet and junction boxes no more than 6 inches from ceiling access panel or from removable recessed lighting fixture. Locate outlet boxes to allow lighting fixtures positioned as shown on reflected ceiling plan. L. Fire Resistance: Install boxes to preserve fire resistance rating of partitions and other elements, using materials and methods specified. M. Coordination: Coordinate mounting heights and locations of outlets mounted above counters, benches, and backsplashes. N. Adjacent Devices: Align adjacent wall mounted outlet boxes for switches, thermostats, and similar devices. O. Ceiling Boxes and Above Ceiling Boxes: Use adjustable steel channel fasteners for hung ceiling outlet box. Do not fasten to ceiling support wires or ceiling panels. Support all boxes independently of conduit. P. Gang Boxes: Use gang box where more than one device is mounted together. Do not use sectional box. Use gang box with plaster ring for single device outlets. 3.08 INSTALLATION OF PULL AND JUNCTION BOXES: A. Sizing: Size all pull and junction boxes in accordance with NEC, using larger sizes than required by code where job conditions so indicate. B. Mounting: Fasten all boxes securely to the building construction, independent of conduit systems. On concealed conduit systems where boxes are not otherwise accessible, set box covers flush with finished surfaces for access. 3.09 IDENTIFICATION OF PULL AND JUNCTION BOXES: A. Branch Circuits: Each pull and junction box shall be labeled with indelible ink to indicate the wiring contained inside the box. The label shall indicate the panel and circuit number of the wiring contained. END OF SECTION 16110 - 8 SECTION 16120 CONDUCTORS PART1-GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division I Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide manufacturer's catalog data on conductor and insulation materials. C. Manufacturer's Instructions: Submit for review complete manufacturer's instructions. Indicate application conditions and limitations of use stipulated by Product testing agency specified under Regulatory Requirements. 1.03 SCOPE: A. Description: The work shall include the furnishing of all conductors, together with all splices, connections, terminations and identification for wiring systems rated 600 volts and less. 1.04 REGULATORY REQUIREMENTS: i A. Code Requirements: Conform to requirements of ANSI/NFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.05 PROJECT CONDITIONS: A. Field Measurements: Verify that field measurements are as shown on the Drawings. B. Routing of Wire and Cable: Wire and cable routing shown on the Drawings is approximate unless dimensioned. Route wire and cable as required to meet Project Conditions. Where wire and cable routing is not shown, and destination only is indicated, determine exact routing and lengths required. 16120 -1 �-1 PART2-PRODUCTS 2.01 CONDUCTORS (600 VOLTS AND UNDER): A. Type: Soft drawn, annealed copper, UL listed, rated at 600 volts, continuous without weld, splice or joint, uniform cross-section, free from flaws, scale and other imperfections. No. 8 and larger shall be stranded; No. 10 and smaller shall be solid. B. Insulation: Branch circuits shall have type THIN or THWN-2 insulation, temperature rated 90 degrees C, unless the type is specifically designated or specified. Service feeders shall be type THWN-2. Feeder circuits shall be type THWN-2. C. Circuits Subjected to High Temperatures: Type THHN or THWN-2 conductors, temperature rated 90 degrees C, for wiring in proximity to boilers, and for motors and devices subject to high temperature because of high ambient temperature or convection or radiant heat. D. Manufacturers: Okonite, Triangle, Anaconda, Simplex or approved equivalent. 2.02 JOINTS AND SPLICES: A. Stranded Copper Conductors: UL approved solderless bolted pressure connectors or compression connectors. All connectors shall be of proper sizes to match conductor sizes. All compression connectors shall be applied with properly sized dies and tools. Split -bolt connectors are not acceptable. B. Solid Copper Conductors: UL approved solderless bolted pressure connectors; or UL approved electrical spring connectors make. All connectors shall be of proper sizes to match conductor sizes. Split bolt connectors are not acceptable. 2.03 COLOR CODING: A. General: Use standardized color -coding of conductors throughout. All color -coding shall be continuous for the entire length of the conductors, and shall be permanent and readily distinguished after installation. In cases where the specified colors of insulated wire and cable are unavailable, such conductors shall be color -coded, as specified above, by means of slip-on colored plastic sleeves or plastic tape at all pull boxes, support boxes, outlet boxes, panelboards, and other terminal and splicing points. I B. Neutral and Grounding Conductors: Neutral conductors shall be white or natural gray. g Grounding conductors shall be green, or green with one or more yellow stripes. C. 208 Volt System: Phase conductors shall be black, red and blue for phases, A, B, and C respectively in the 208 volt system. 16120 - 2 PART 3 - EXECUTION 3.01 EXAMINATION: A. General: Examine raceways and building finishes to receive wires and cables for compliance with installation tolerances and other conditions. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.02 WIRE PULLING: A. Preparation: Completely and thoroughly swab raceway before installing wire. Pull no conductors into conduits until all work of a nature that may cause injury to conductors is completed. B. Pulling Lines: Provide suitable installation equipment for pulling conductors into raceways or conduits. Use ropes of polyethylene, nylon or other suitable material to pull in conductors. Attach pulling lines to conductors by means of woven basket grips or by pulling eyes attached directly to conductors. C. Multiple Wires in a Raceway: All conductors to be installed in a single conduit shall be pulled in simultaneously. D. Cable Lubricant: Use an Underwriters' listed cable pulling compound for building wire No. 4 and larger. All cable lubricants shall be UL listed, and shall be certified by their manufacturer to be non -injurious to the insulation on which they are used. E. Existing Conduit: Remove existing wire from raceway before pulling in new conductors. 3.03 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER): A. General: Install conductors as indicated, according to manufacturer's written instructions and the NECA "Standard of Installation." B. Feeders: Run all feeders their entire length in continuous pieces without joints or splices, insofar as practicable. Make joints in branch circuits only where circuits divide as shown on drawings. Such joints shall consist of one through circuit to which shall be spliced the tap circuit. C. Branch Circuits: Not more than one power or lighting circuit shall be installed in a single conduit, except that one 3-wire circuit or one 4-wire circuit consisting of 2 different phase wires and a common neutral or 3 different phase wires and a common neutral may be installed in a single conduit. This provision shall not prohibit the installation in a single conduit of all conductors of a circuit with three- and four-way switching. D. Terminations: Connect outlets and components to wiring and to ground as indicated and instructed by manufacturer. Tighten connectors and terminals, including screws and bolts, according to equipment manufacturer's published torque -tightening values or as specified in UL Standard 486A. E. Sizes: No wire shall be smaller than No. 12 except for signal or control circuits. 16120 - 3 �l F. Joints and Splices: Make joints and splices only where necessary and only at outlet boxes and pull boxes. All joints shall be mechanically and electrically secure. After a joint or splice is complete, insulate it with rubber tape, and friction tape to make the insulation of the joint or splice equal to that of the conductor. In lieu of this, vinyl plastic tape may be used if applied in at least four layers (half lapped in two directions), with all larger splices, terminals, sharp corners and voids being first protected by application of insulating putty. G. Wet Locations: Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. H. Identifying Labels: Adhesive vinyl cloth or vinyl self -laminating adhesive labels; stamped to clearly identify each circuit. Handwritten labels are not acceptable. Securely fasten labels to all cables, feeders and power circuits in pull boxes, outlet boxes, wireways, lighting, power and distribution panelboards, etc. Provide wire markers under the provisions of Section 16195 - ELECTRICAL IDENTIFICATION I. Bundling Conductors: Bundle all conductors in panelboards, cabinets and the like, using marlin twine lacing or nylon straps made for the purpose. Bundle conductors larger than No. 10 in individual circuits. Bundle smaller conductors in larger groups. J. Cable Supports and Boxes: Install cable supports and boxes for all vertical conductors in accordance with National Electrical Code requirements. Boxes shall be of heavy galvanized steel plate construction, not less than No. 10 USS gauge, riveted to an angle iron frame. Removable box covers shall be secured with corrosion -resistant screws. For cables without a metallic sheath, cable supports shall be of the split wedge type that clamps each conductor firmly and tightens due to. the weight of cable. For cables with metallic sheath, a basket weave or equal type of support shall be provided as approved by the cable manufacturer. END OF SECTION 16120 - 4 r SECTION 16195 ELECTRICAL IDENTIFICATION PART1-GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide manufacturer's catalog data for nameplates, labels, and markers. 1.03 SCOPE: A. Description: The work shall include furnishing and installing identification of electrical materials, equipment and installations. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSUNFPA 70. (National Electrical Code) and all applicable State and Local Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. PART 2 - PRODUCTS 2.01 NAMEPLATES AND LABELS: A. Nameplates (Normal Systems): Electrical equipment shall be identified by the attachment of engraved nameplates constructed from laminated phenolic plastic, at least 1/16 inch thick, 3-ply, with black surfaces and white core. Engraving shall be condensed gothic, at least 1" high, appropriately spaced. Nomenclature on the label shall include the name of 1 the item or equipment served utilizing the equipment names shown on the drawings. B. Labels: Embossed adhesive tape, with 3/16-inch black letters on white background. Use only for identification of individual wall switches and receptacles. l_ i 16195 -1 i`� 2.02 WIRE MARKERS: A. Description: Adhesive vinyl cloth or self -laminating vinyl adhesive labels. Thomas & Betts type WBC or WEC or approved equivalent. Pre-printed, typewritten or field printed. Handwritten labels are not acceptable. B. Locations: Each conductor at panelboard gutters, switchboard gutters, wireways, pull boxes, outlet boxes, junction boxes, and each load connection. C. Legend: 1. Power and Lighting Circuits: Branch circuit or feeder number as actually installed. 2. Control Circuits: Control wire number indicated on shop drawings. PART 3 - EXECUTION 3.01 PREPARATION: A. Cleaning: Degrease and clean surfaces to receive nameplates and labels. 3.02 APPLICATION: A. Equipment: Install nameplate and label parallel to equipment lines. Secure nameplate to equipment front using adhesive. Secure nameplate to inside surface of door on panelboard that is recessed in finished locations. 3.03 EQUIPMENT: A. General: All electrical equipment shall be identified by name utilizing engraved nameplates. Equipment to be labeled shall include but not be limited to the following: 1. Switchboards. 2. Panelboards. 3. Main Switches. 4. Main Circuit Breakers. 3.04 CONTROL DEVICES: A. General: All electrical control devices shall be labeled to indicate the device served. All electrical control devices shall be labeled regardless of proximity to the equipment served. Electrical control devices to be labeled shall include but not limited to the following: 1. Contactors. 2. Motor Starters. 3. Relays. 4. Disconnect Switches. END OF SECTION 16195 - 2 SECTION 16425 ELECTRICAL SWITCHBOARDS PART 1 - GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide electrical characteristics including voltage, frame size and trip ratings, fault current withstand ratings, and time -current curves of all equipment and components. C. Shop Drawings: Submit complete Manufacturer's Shop Drawings for review. Indicate front and side views of enclosures with overall dimensions shown; conduit or busway entrance locations and requirements; nameplate legends; size and number of bus bars per phase, neutral, and ground; and switchboard instrument details. D. Manufacturer's Instructions: Submit for review complete manufacturer's 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, installation, and starting of Product. E. Maintenance Data: Submit Manufacturer's Maintenance Instructions for review, including spare parts listing; source and current prices of replacement parts and supplies; and recommended maintenance procedures and intervals. Provide one (1) set of installation and maintenance instructions with each switchboard. Instructions are to be easily identified and affixed within the incoming or main section of the line-up. 1.03 PRE -APPROVAL OF SUBSTITUTIONS: A. General: All requests for substitute panelboards/switchboards shall be submitted to the engineer no fewer than ten calendar days prior to the bid opening. The substitution proposal shall be bound, manufacturer's catalog data in alphabetical order by equipment Type, and a cross index clearly indicating all proposed substitutions. Engineer's review is only to establish the suitability of the manufacturer and the equipment series. If approved by the Engineer, the substitution shall be listed in an addendum. The substituted equipment are still subject to Engineer's review as described elsewhere in this section. B. Listed Manufacturers: Pre -approval of manufacturers listed in the products section of this specification is not required. 16425 -1 r t 1.04 SCOPE: A. Description: The work shall include furnishing and installing all equipment together with all accessories required to obtain a complete and operating electrical distribution system. 1.05 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSFNFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. C. Main Panelboard: The building main panelboard or switchboard shall be listed and classified by Underwriters Laboratories, Inc as suitable for "Service Entrance Equipment". 1.06 DELIVERY, STORAGE, AND HANDLING: A. General: Transport, handle, store, and protect products according to the Conditions of the Contract and Division 1 Specification Sections and in conformance with manufacturer's recommended practices as outlined in applicable Installation and Maintenance Manuals. B. Delivery: Deliver each switchboard section in 48 inch maximum width shipping splits, individually wrapped for protection and mounted on shipping skids. Inspect and report concealed damage to carrier within their required time period. C. Storage: 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. D. Handling: Handle in accordance with NEMA PB2.1 and manufacturer's written instructions. Lift only with lugs provided for the purpose. Handle carefully to avoid damage to switchboard internal components, enclosure, and finish. 1.07 PROJECT CONDITIONS: A. Field Measurements: Verify that field measurements are as shown on the Drawings, on shop drawings or as instructed by manufacturer. B. Locations of panelboards: Verify locations of panelboards prior to installation. Panelboards are shown on the Drawings in approximate locations unless dimensioned otherwise. Locate panelboards in compliance with National Electrical Code requirements as necessary to complete the electrical distribution system. 1.08 PROJECT RECORD DOCUMENTS: A. General: Submit according to the Conditions of the Contract and Division 1 Specification Sections. B. As -built Drawings: Accurately record actual locations of switchboard. 16425 - 2 r 1.09 ENVIRONMENTAL REQUIREMENTS: A. General: Conform to NEMA PB 2 service conditions during and after installation of switchboards. PART 2 - PRODUCTS 2.01 MANUFACTURERS: A. General: Electrical switchboards shall be of Square D, General Electric, Cutler Hammer or pre -approved equivalent manufacture, equivalent to Square D QEDS/QED2 design. 2.02 SWITCHBOARD CONSTRUCTION: A. Description: Provide NEMA PB 2 switchboard with electrical ratings and configurations as indicated and specified. B. Regulatory Requirements: Electrical switchboards shall be fabricated in accordance with all current NEMA and IEEE standards, as applicable. Where applicable, each vertical section of the board shall bear a UL label. C. Ratings: Voltage and current ratings shall be as scheduled and indicated on the Drawings. The switchboard and devices shall have a fully rated short circuit rating as shown on the drawings. Bus bars shall be braced for a minimum of 100,000 RMS symmetrical amperes. D. Bus Ratings: The buses in each section of a multiple section switchboard shall have the current rating shown on the Drawings. E. Bus Material (Copper): All buses shall be tin plated copper, supported with high impact, non -tracking insulating material, and shall be braced to withstand mechanical forces exerted during short circuit conditions. Plating shall be applied continuously to all bus work. The switchboard bussing shall be of sufficient cross sectional area to meet UL Standard 891 temperature rise requirements. The phase and neutral through bus shall have an ampacity as shown on the Drawings. F. Bus Connections: Bolted, accessible from front or rear as required for maintenance. All hardware used on conductors shall have a high tensile strength and a suitable protective finish. A-B-C type bus arrangement (left to right, top to bottom, front to rear as viewed from the front) shall be used throughout to assure convenient and safe testing and maintenance. Where special circuitry precludes this arrangement, bus bars shall be labeled. G. Bus for Future Devices: When specified, space for future device shall include all necessary bus, device supports and mounting, and connections. The vertical main bus bars shall be furnished for future branch devices. Device mounting bolts and bus connecting straps shall be supplied with future unit devices. Full height bus bars shall be supplied only when units and space for future units fill the vertical section. H. Load Side Bus Bars: Fully insulate load side bus bars in rear accessible compartments. Do not reduce spacing of insulated bus. [GSKIc] I. Neutral Bus: For 4-wire systems, the neutral shall be of equivalent ampacity as the phase bus bar. The neutral bus in the feeder sections shall not be further than twenty inches from the front of the switchboard. J. Ground Bus: Provide a copper ground bus secured to each vertical section structure, and extend the entire length of the switchboard. K. Insulated Ground Bus: Where indicated on the Drawings provide an insulated copper ground bus, and extend the entire length of the switchboard. L. Barriers: Each main and feeder device compartment shall be isolated/insulated from the vertical bus bars with a fiberglass barrier. M. Cable Connections: Cable connectors shall be tin-plated copper, and UL listed for aluminum or copper cables. The connectors shall be mechanical type lugs, for short circuit ratings of 100,000 A or less. Short circuit ratings above 100,000 A ' shall have compression lug. N. Protective Devices: Switchboard shall include protective devices listed on drawings and as specified in these specifications with necessary interconnection, instrumentation and control wiring. Switchboard current ratings including devices shall be based upon operation in a 40 degree C. room ambient. O. Control Wiring: Control wiring, necessary fuse blocks and terminal blocks within the switchboard are to be furnished when required. All control wires leaving the switchboard are to be provided with terminal blocks with suitable numbering strips. P. Line and Load Terminations: Accessible from the front or rear of the switchboard as required, suitable for the conductor materials and sizes indicated. Q. Future Sections: Full provisions for the addition of future sections shall be provided. Bussing shall include all necessary hardware to accommodate splicing for future additions. 2.03 SWITCHBOARD ENCLOSURE: A. Enclosure (Indoor): Provide NEMA Type 1 - General Purpose enclosure for indoor switchboards. B. Construction: Switchboard shall be completely self-supporting structure of the required number of vertical sections bolted together to form one metal -enclosed switchboard 90" high, excluding floor sills, lifting members and pull boxes. Sides, top and rear covers shall be code gauge steel, bolted to the switchboard structure. The frame structure members shall be die -formed, 12-gage steel bolted together and reinforced at corners with rugged gussets internal and external to the structure members. The switchboard frame is to be suitable for use as floor sills in indoor installations. Switchboard is to be provided with adequate lifting means, and be capable of being rolled or moved into installation position and bolted directly to the floor without the use of floor sills. C. Finish: All steel surfaces are to be chemically cleaned and treated, providing .a bond between paint and metal surfaces to help prevent the entrance of moisture and formation 16425 - 4 r I of rust under the paint. The switchboard exterior is to be furnished with manufacturer's standard light gray paint. D. Alignment (Front and Rear): All vertical sections comprising the switchboards shall be aligned front and rear. E. Pull Box_ : Removable top and sides, same construction as switchboard, 12 inch height over top switchboard. Provide insulating, fire -resistive bottom with separate openings for each circuit to pass into switchboard. F. Mimic Bus: Show bussing, connections and devices in single line form on the front panels of the switchboard using black color plastic strips, fastened flat against the panel face with adhesive. 2.04 MAIN DEVICES AND SECTIONS: A. Main Section Devices (Individually Mounted): Provide electrical switchboards with incoming line main devices in individually mounted construction. The incoming line main devices are to be side or rear accessible through bolted -on covers. B. Main Molded Case Thermal Magnetic Trip Circuit Breaker: Main circuit breakers shall be molded case with thermal magnetic trip as described in Section 16475 - CIRCUIT DISCONNECT AND OVERCURRENT PROTECTIVE DEVICES. 2.05 BRANCH DEVICES: A. Distribution Section Devices (Group Mounted): Provide switchboard with group mounted branch devices. The group mounted devices are to be front -accessible and furnished with vertical wiring gutters on the front of the distribution sections. The gutters I are to be furnished with code gage steel -formed covers bolted to the structure frame. Unused device space is to be covered with blank code gate steel covering. B. Branch Molded Case Thermal Magnetic Trip Circuit Breaker: Branch circuit breakers shall be molded case with thermal magnetic trip as described in Section 16475 - CIRCUIT DISCONNECT AND OVERCURRENT PROTECTIVE DEVICES. 2.06 MULTIFUNCTION DIGITAL METERING MONITOR: A. Description: UL listed microprocessor -based unit suitable for three or four wire systems kwith the following features equal to Square D Power Logic 2350 Power Monitor. B. Inputs: From sensors or current transformers from 10015 through 5000/5 ratings and potential terminals up to 600 V. C. The Circuit Monitor shall flush mount to the switchboard enclosure and be provided with an attractive fmish bezel ring. 1. The Circuit Monitors shall be equipped with an integral, continuous duty, long- 1 life display to provide local access to the following metered quantities as well as the minimum and maximum value of each instantaneous quantity since last reset of min/max: r 2. Current, per phase rms, 3-phase average and neutral (if applicable) i t 16425 - 5 3. Voltage, phase -to -phase, phase -to -neutral, and 3-phase average (phase -to -phase and phase -to -neutral) 4. Real power, per phase and 3-phase total 5. Reactive power, per phase and 3-phase total 6. Apparent power, per phase and 3-phase total 7. Power factor, 3-phase total and per phase 8. Frequency 9. Demand current, per phase and three phase average 10. Demand real power, three phase total 11. Demand apparent power, three phase total 12. Accumulated Energy, (MWh and MVARh) 13. THD, current and voltage, per phase 14. K-factor, current, per phase D. The Circuit Monitor shall be equipped with a front panel communications port as standard equipment. The port shall be completely accessible during normal operation and shall not require exposure of the operator to life -threatening voltage when in use. The operator shall be able to quickly connect a small Personal Computer (PC) to this port without use of tools or splices. This front panel port shall have all of the communication functionality of the standard hard wired rear port. When a connection is made to the front port, the Circuit Monitor shall disregard communication from the rear port until the front port is disconnected. E. It shall be possible to field upgrade the firmware in the Circuit Monitor to enhance functionality. These firmware upgrades shall be done through either the front or rear communication connection. No Circuit Monitor disassembly or changing of integrated circuit chips shall be required. It shall not be necessary to de -energize the circuit or the equipment to upgrade the firmware. F. Circuit Monitor Input/Output Options: Input/Output modules shall be field replaceable. Circuit Monitors shall be equipped with one solid state ouput suitable for KYZ pulse initiation; four solid state status inputs; three mechanical output relays and four analog inputs. G. All data stored in the Power Monitoring Devices shall be accessible to external devices by means of RS-485 serial communications. It shall be possible to connect from one communications port to another (daisy -chain) such that up to 32 Power Monitoring Devices may be connected to form a continuous communications link extending up to 10,000 feet. Communications links shall be compatible with the RS-485 multi -drop communications standards. Communication rates on the links shall be adjustable up to 19.2 k baud to provide acceptable thoughput of power monitoring device data. It shall be possible to connect up to an unlimited number of communications links into a large network using ethernet hubs to form a high-speed power monitoring and control network. H. Power Logic System Startup and Training: 1. On -site start-up and training of the POWERLOGIC metering system (PCMS) shall be included in the project bid. 2. Start-up shall include a complete working demonstration of the PCMS. 3. Training shall include any documentation and hands-on exercises necessary to enable electrical operations personnel to assume all operating responsibility of the PCMS. 16425 - 6 4. The project bid shall include 1 day startup assistance. PART 3 - EXECUTION 3.01 EXAMINATION: A. General: Verify conditions under provisions of the General Conditions and Special Conditions. Verify that surface is suitable for switchboard installation. B. Concrete Pad: Provide 6" concrete housekeeping pad. Coordinate size of equipment bases with actual unit sizes provided, including space for future sections. Fabricate base 4 inches larger in both directions than the overall dimensions of the supported unit. 3.02 PREPARATION: A. General: Install switchboard in locations shown on the Drawings, in accordance with manufacturer's written instructions and NEMA PB 2.1. 3.03 INSTALLATION: A. Bus Connections: Tighten accessible bus connections and mechanical fasteners after placing switchboard. B. Operating Instructions: Frame and mount printed, basic operating instructions for switchboards, including control and key interlocking sequences, and emergency procedures. Fabricate frame of finished metal and cover instructions with clear acrylic ' plastic. Mount on the front of the switchboards. a 3.04 FIELD QUALITY CONTROL: A. Inspection: Inspect completed installation for physical damage, proper alignment, anchorage, and grounding. B. Tests: Measure insulation resistance of each bus section phase to phase and phase to ground for one minute each, at test voltage of 1000 volts; minimum acceptable value for insulation resistance is 2 megohms. ti C. Joints: Check tightness of accessible bolted bus joints using calibrated torque wrench. Tighten connections to comply with tightening torques specified in UL 486A and 486B. D. Key Interlocks: Physically test key interlock systems to insure proper function. E. Connections: Tighten electrical connectors and terminal bolts in accordance with manufacturer's published torque tightening values or as specified in UL 486A and UL 486B. 3.05 ADJUSTING: A. Mechanisms: Adjust all operating mechanisms for free mechanical movement. B. Bus Connections: Tighten bolted bus connections in accordance with manufacturer's instructions. 16425 - 7 C. Circuit Breakers: Adjust circuit breaker trip and time delay settings to values indicated. D. Meters: Calibrate meters to mid scale. 3.06 IDENTIFICATION: A. Nameplates: Provide engraved plastic nameplates on each switchboard to identify the switchboard, voltage and upstream power source. Provide engraved plastic nameplates under the provisions of Section 16195 - ELECTRICAL IDENTIFICATION. B. Main Devices: Provide engraved plastic nameplate to identify the main devices. Provide engraved plastic nameplates under the provisions of Section 16195 - ELECTRICAL IDENTIFICATION. C. Circuit Labels: Provide engraved plastic nameplate to identify the circuits on each switchboard. Provide engraved plastic nameplates under the provisions of Section 16195 - ELECTRICAL IDENTIFICATION. 3.07 CLEANING: A. Paint: Touch up scratched or marred surfaces to match original finish. END OF SECTION 16425 - 8 i SECTION 16441 CIRCUIT AND MOTOR DISCONNECT SWITCHES PART 1- GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide switch ratings, enclosure type and dimensions. C. Manuals: Submit for review all operation and maintenance manuals for items specified herein. 1.03 SCOPE: A. Description: Provide all labor, material, equipment, and service necessary for and incidental to the complete electrical distribution system. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSI/NFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. 1.05 DELIVERY, STORAGE, AND HANDLING: A. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. B. General: Deliver, store, protect, and handle Products to site according to the Conditions of the Contract and Division I Specification Sections. Accept delivery of disconnect switches on site and inspect for damage. Report concealed damage to carrier within their required time period. Protect from corrosion and entrance of debris by storing above grade protected from the weather. Provide appropriate covering. 1.06 PROJECT CONDITIONS: A. Field Measurements: Verify that field measurements are as shown on the Drawings. 16441-1 B. Location of Disconnect Switches: Verify locations of disconnect switches prior to installation. Disconnect switches are shown on Drawings in approximate locations unless dimensions are indicated. Locate as required to complete wiring system. PART 2-PRODUCTS 2.01 DISCONNECT SWITCHES: A. Description: NEMA KS1, Type HD heavy duty, enclosed load interrupter knife switch. Handle lockable in OFF position. Switches shall be unfused unless noted otherwise; quick make, quick break. All motor circuit switches shall be horsepower rated. B. Size: Provide disconnect switches as indicated on the drawings. Provide minimum rating to meet or exceed the rating of the circuit protection device for the branch circuit. C. Enclosures: Provide disconnect switches in NEMA 3R enclosures if exposed to the weather; elsewhere in NEMA 1 general-purpose enclosures unless special enclosures are required. D. Fuse clips: Designed to accommodate NEMA FUl, Class RKl fuses. E. Manufacturers: Switches shall be of General Electric, Westinghouse or Square D manufacture, equivalent to Square D Class 3110 Heavy Duty Safety Switches. PART 3 - EXECUTION 3.01 INSTALLATION: A. Installation: Install disconnect switches level and plumb. B. General: Install in accordance with manufacturer's written instructions and NECA "Standard of Installation." C. Connections: Connect disconnect switches to wiring system and to ground as indicated and as instructed by the manufacturer. Tighten connectors and terminals, including screws and bolts according to equipment manufacturer's published torque tightening values or as specified in UL Standard 486A. 3.02 IDENTIFICATION: A. Nameplates: Provide engraved plastic nameplates on each disconnect switch to identify the load being served, voltage and upstream power source. Provide engraved plastic nameplates under the provisions of Section 16195 - ELECTRICAL IDENTIFICATION. B. Main Devices: Provide engraved plastic nameplate to identify main devices. Provide engraved plastic nameplates under the provisions of Section 16195 - ELECTRICAL IDENTIFICATION. END OF SECTION 16441- 2 I SECTION 16450 GROUNDING AND BONDING PART 1- GENERAL -r 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. ' B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide data for grounding electrodes and connections. C. Manufacturer's Instructions: Submit for review complete manufacturer's 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 exothermic connectors. 1.03 SCOPE: A. Description: Furnish and install the various grounding systems outlined herein in accordance with the National Electrical Code. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSI/NFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.05 PROJECT RECORD DOCUMENTS: A. General: Submit under provisions of the General Requirements. r B. As -built Drawings: Accurately record actual locations of grounding electrodes. 16450 -1 i PART 2-PRODUCTS 2.01 CONDUCTORS: A. Material: Stranded copper as specified in Section 16120 - CONDUCTORS. B. Grounding Electrode Conductor: Size to meet NFPA 70 (NEC) requirements. PART 3 - EXECUTION 3.01 GROUNDING RACEWAYS: A. General: Assure the electrical continuity of all metallic raceway systems, pulling up all conduits and/or locknuts wrench tight. Where expansion joints or telescoping joints occur, provide bonding jumpers. Where flexible metallic conduit is employed, provide a green -insulated grounding jumper installed in the flexible conduit. Install a separate green -insulated conductor in each non-metallic conduit. Provide grounding bushings on all service and feeder raceways terminating within switchboards, motor control centers, panelboards, cabinets, and all other enclosures. Provide grounding conductors from such bushings to the frame of the enclosure" and to the ground bus or equipment grounding strap. Size grounding conductors in accordance with NEC Table 250-66. 3.02 EQUIPMENT GROUNDING CONDUCTORS: A. General: Provide a separate, green -insulated copper grounding conductor, with insulation of the same rating as phase conductors, for each feeder and for each branch circuit indicated. Install the grounding conductor in the same raceway with the related phase and neutral conductors, and connect the grounding conductor to pull boxes or outlet boxes at intervals of 100 feet or less. Where paralleled conductors in separate raceways occur; provide a grounding conductor in each raceway. Connect all grounding conductors to bare grounding bars in panelboards, and to ground buses in service equipment to the end that there will be an uninterrupted grounding circuit from the point of a ground fault back to the point of connection of the equipment ground and system neutral. Size all of these grounding conductors per NEC Table 250-66. 3.03 CONNECTIONS: A. General: Make connections in such a manner as to minimize possibility of galvanic action or electrolysis. Select connectors, connection hardware, conductors, and connection methods so metals in direct contact will be galvanically compatible. 1. Use electroplated or hot tin coated materials to assure high conductivity and make contact points closer in order of galvanic series. 2. Make connections with clean bare metal at points of contact. 3. Coat and seal connections involving dissimilar metals with inert material such as red lead paint to prevent future penetration of moisture to contact surfaces. 16450 - 2 B. Compression Type Connections: Use hydraulic compression tools to provide the correct circumferential pressure for compression connectors. Use tools and dies recommended by the manufacturer of the connectors. Provide embossing die code or other standard method to make a visible indication that a connector has been adequately compressed on the ground conductor. END OF SECTION 16450 - 3 SECTION 16475 CIRCUIT DISCONNECT AND OVERCURRENT PROTECTIVE DEVICES PART 1-GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide data sheets showing electrical characteristics including time -current curves. C. Operation and Maintenance Manuals: Submit for review all operation and maintenance manuals for items specified herein. Indicate application conditions and limitations of use stipulated by Product testing agency specified under Regulatory Requirements. Include all operation and maintenance manuals. 1.03 SCOPE: A. Description: The work shall include all labor, material, equipment, and service necessary for and incidental to the complete electrical distribution system. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSI/NFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.05 MAINTENANCE MATERIALS: A. General: Provide maintenance materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Fuse Pullers: Provide two fuse pullers. 1.06 EXTRA MATERIALS: A. General: Furnish under provisions of the General Requirements. 16475 -1 B. Spare Fuses: Upon completion of the work provide a standard carton (but not less than 3 fuses where a carton does not contain as many as 3) of each size of each type of fuse used. These spare fuses are in addition to fuses in spare switches and replacement fuses blown during construction and testing. PART 2 - PRODUCTS 2.01 FUSIBLE SWITCHES: A. Fusible Switch Assemblies: NEMA KS 1, quick make, quick break, load interrupter enclosed knife switch with externally operable handle. Switch shall have visible blades and shall be horsepower rated. Provide interlock to prevent opening front cover with switch in ON position. Handle lockable in OFF position. Provide fuse clips designed to accommodate Class RK-1 fuses, switch size 600 amperes and less; Class L fuses, switch size 800 amperes and greater. B. Mounting: Fusible switches shall be panelboard, switchboard or motor control center mounted as specified elsewhere and as indicated on the Drawings. 2.02 FUSES: A. General: Furnish and install all fuses necessary for leaving the installation complete and in working order, including a complete set of fuses in each spare switch. B. Fuse Identification Label: Place a fuse identification label, showing type and size of the required fuses, inside the door of each enclosure requiring fuses. I LJ C. Regulatory Standards: Fuses shall conform to the latest NEMA Standards, and shall be UL listed and labeled (except as noted otherwise) They shall conform to the UL classes listed hereinafter. Voltage ratings shall be suitable for the systems to which the fuses are applied. D. Installation: Fuses shall be shipped to the job in boxes, and shall not be installed in any equipment until the installation is complete, and final tests have been made prior to energizing the equipment. E. Fuse Reducers: Where the spacing of fuse clips in equipment is greater than required by the proper size of fuse, use suitable fuse reducers to fit the fuses. F. Class and Type: Fuses shall be of the classes and types listed below, the type designations referring to those indicated on the plans. 1. Class L Time Delay (601-6000 Amps): Class L; Bussmann Type KRP-C "Hi - Cap", current limiting with time delay, interrupting rating of 200,000 RMS symmetrical amperes, current rating 601-6000 amperes. U 2. Class RK-1 Time Delay (1-600 Amps): Class RK-1; Bussmann Type LPN or LPS "Low Peak'. Fuses shall be available in ratings 1-600 amperes, shall be current limiting dual element with time delay, and shall have interrupting rating of 200,000 RMS symmetrical amperes. Fuses shall be equipped with slotted blades, and switch fuse clips shall be provided with matching NEC fuse rejection feature. F--1 � I 16475 - 2 t� 2.03 MOLDED CASE THERMAL MAGNETIC TRIP CIRCUIT BREAKERS: A. Description: NEMA AB 1, molded case, one, two and three pole, with integral thermal and instantaneous magnetic trip in each pole, UL listed. Two and three pole circuit breakers with common trip and single operating handle. Handle ties between breakers are unacceptable. Circuit breakers shall have the voltage and trip rating scheduled or indicated on the Drawings. B. Operation: Operating mechanism shall be over center, trip free, toggle mechanism with quick make, quick -break action with positive handle indication. C. Trip Elements: Thermal magnetic trip element calibrated for 40-deg. C. ambient temperature. D. Terminations: Terminations for 10-30 ampere breakers shall be UL listed for use with 60 degree C. or 75 degree C. conductors. Terminations for breakers 35 ampere and greater shall be UL listed for use with 75 degree C conductors. E. Interrupting Rating: Circuit breakers shall have minimum RMS symmetrical ampere interrupting ratings as scheduled on drawings. F. Breakers 250 Amp Frame and Greater: Circuit breakers with frame sizes greater than 250 amperes shall have adjustable magnetic trip elements which are set by a single adjustment, push to trip button and reverse connection capability. G. Switching Duty: UL listed SWD for switching duty, 15 and 20 ampere single pole, suitable for 120 volts ac fluorescent loads. H. HACR Listing: UL listed as HACR type, 120/240 volt, 15-60 ampere, one, two and three pole, to serve heating air conditioning and refrigeration equipment. Provide circuit breakers UL listed as Type HACR for air conditioning equipment branch circuits. I. Accessories: Provide circuit breakers with switching neutral, shunt trip, ground fault current interrupters, or remote controlled operators as scheduled on the drawings. J. Motor Circuit Protectors: Where indicate on the Drawings or Specified elsewhere provide molded case circuit breaker with integral instantaneous magnetic trip element in each pole. PART 3 - EXECUTION 3.01 INSTALLATION: A. Fuses: Install fuses in accordance with manufacturer's instructions. B. Fuse Labels: Install fuse with label oriented such that manufacturer, type, and size are easily read. C. Circuit Breakers: Install circuit breakers in accordance with manufacturer's instructions. END OF SECTION 16475 - 3 SECTION 16500 LIGHTING PART 1- GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes the following: 1. Interior lighting fixtures, lamps, and ballasts. 1.03 DEFINITIONS A. BF: Ballast factor. B. CRI: Color -rendering index. C. CU: Coefficient of utilization. D. HID: High -intensity discharge. E. LER: Luminaire efficacy rating. F. Luminaire: Complete lighting fixture, including ballast housing if provided. G. RCR: Room cavity ratio. 1.04 SUBMITTALS A. Product Data: For each type of lighting fixture, arranged in order of fixture designation. Include data on features, accessories, finishes, and the following: 1. Physical description of lighting fixture including dimensions. 2. Emergency lighting units including battery and charger. 3. Ballast. 4. Energy -efficiency data. 5. Air and Thermal Performance Data: For air -handling lighting fixtures. Furnish data required in "Submittals" Article in Division 23 Section "Diffusers, Registers, and Grilles." 6. Sound Performance Data: For air -handling lighting fixtures. Indicate sound power level and sound transmission class in test reports certified according to standards specified in Division 23 Section "Diffusers, Registers, and Grilles." 7. Life, output, and energy -efficiency data for lamps. 8. Photometric data, in IESNA format, based on laboratory tests of each lighting fixture type, outfitted with lamps, ballasts, and accessories identical to those indicated for the lighting fixture as applied in this Project. 16500 -1 B. Warranties: Special warranties specified in this Section. 1.05 QUALITY ASSURANCE A. Luminaire Photometric Data Testing Laboratory Qualifications: Provided by an independent agency, with the experience and capability to conduct the testing indicated, that is an NRTL as defined by OSHA in 29 CFR 1910.7. B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. C. Comply with NFPA 70. D. FMG Compliance: Lighting fixtures for hazardous locations shall be listed and labeled for indicated class and division of hazard by FMG. 1.06 COORDINATION A. Coordinate layout and installation of lighting fixtures and suspension system with other construction that penetrates ceilings or is supported by them, including HVAC equipment, fire -suppression system, and partition assemblies. PART 2 - PRODUCTS 2.01 MANUFACTURERS A. In Interior Lighting Fixture Schedule where titles below are column or row headings that introduce lists, the following requirements apply to product selection: 1. Basis -of -Design Product (No Prior Approval): The design for each lighting fixture is based on the product named. Subject to compliance with requirements, provide either the named product or a comparable product by one of the other manufacturers specified. Approval for lighting fixture substitution shall not be given prior to the bid opening. 2.02 LIGHTING FIXTURES AND COMPONENTS, GENERAL REQUIREMENTS A. Fluorescent Fixtures: Comply with UL 1598. Where LER is specified, test according to NEMA LE 5 and NEMA LE 5A as applicable. B. Metal Parts: Free of burrs and sharp corners and edges. C. Sheet Metal Components: Steel, unless otherwise indicated. Form and support to prevent warping and sagging. D. Doors, Frames, and Other Internal Access: Smooth operating, free of light leakage under operating conditions, and designed to permit relamping without use of tools. Designed to prevent doors, frames, lenses, diffusers, and other components from falling accidentally during relamping and when secured in operating position. 16500 - 2 E. Reflecting surfaces shall have minimum reflectance as follows, unless otherwise indicated: 1. White Surfaces: 85 percent. 2. Specular Surfaces: 83 percent. 3. Diffusing Specular Surfaces: 75 percent. 4. Laminated Silver Metallized Film: 90 percent. F. Plastic Diffusers, Covers, and Globes: 1. Acrylic Lighting Diffusers: 100 percent virgin acrylic plastic. High resistance to yellowing and other changes due to aging, exposure to heat, and UV radiation. 1.01 Lens Thickness: At least 0.125 inch minimum unless different thickness is indicated. 1.02 UV stabilized. 2. Glass: Annealed crystal glass, unless otherwise indicated. 2.03 BALLASTS FOR LINEAR FLUORESCENT LAMPS A. Electronic Ballasts: Comply with ANSI C82.1 l; instant -start type, unless otherwise indicated, and designed for type and quantity of lamps served. Ballasts shall be designed for full light output unless dimmer or bi-level control is indicated. 1. Sound Rating: A. 2. Total Harmonic Distortion Rating: Less than 10 percent. 3. Transient Voltage Protection: IEEE C62.41, Category A or better. 4. Operating Frequency: 20 kHz or higher. 5. Lamp Current Crest Factor: 1.7 or less. 6. BF: 0.85 or higher. 7. Power Factor: 0.95 or higher. 2.04 FLUORESCENT LAMPS A. Low -Mercury Lamps: Comply with EPA's toxicity characteristic leaching procedure test; shall yield less than 0.2 mg of mercury per liter when tested according to i NEMA LL 1. ' B. T8 rapid -start low -mercury lamps, rated 32 W maximum, nominal length of 48 inches, 2800 initial lumens (minimum), CRI 80 (minimum), color temperature 4100 K, and average rated life 20,000 hours, unless otherwise indicated. 2.05 LIGHTING FIXTURE SUPPORT COMPONENTS A. Comply with Division 16 Sections "General Provisions for Electrical" and "Raceways and Fittings" for channel- and angle -iron supports and nonmetallic channel and angle supports. h B. Twin -Stem Hangers: Two, 1/2-inch steel tubes with single canopy designed to mount a single fixture. Finish same as fixture. i� 16500 - 3 PART 3 - EXECUTION 3.01 INSTALLATION A. Lighting fixtures: Set level, plumb, and square with ceilings and walls. Installlamps in each fixture. B. Suspended Lighting Fixture Support: 1. Pendants and Rods: Where longer than 48 inches, brace to limit swinging. 2. Stem -Mounted, Single -Unit Fixtures: Suspend with twin -stem hangers. 3. Continuous Rows: Use tubing or stem for wiring at one point and tubing or rod for suspension for each unit length of fixture chassis, including one at each end. C. Connect wiring according to Division 16 Sections "Raceways and Fittings" and "Conductors' . END OF SECTION 16500 - 4 �G I m 11 BASEMENT DEMOLITION PLAN -MECHANICAL I�IM •9wva L �KIa� MO�1w n. IIIMrnR .! L YMNM M rrJr14 HI M. J � W. J.f MY. sMo >tlwrMlOO CrlIM .a waxre d.Jw Wa IIVIW^ fq CF}�'j� �Pqt ! uw svo ffw 6!a ♦Ym M M w, Mi1M• d IYIM �} _� .lolY.•. axtFxt v�o ��u .ar�rll lPrti. b6n Y �t l BASEMENT PLAN - MECHANICAL.NAM arw IIORgI fall rpII11L >• � IAO� flf+�i 41Of1�WM0�0{�PItK fiC MitplgP�JR �y�� -• aIO�W PN�[tMdt K ICrilt �W YS I�fl� 41111f. •. OMI>M��� fp wCf l�f101t iC9lww�tY OORMN IOILI. >(��p !• �Rtp�Q�� 1�4p�Y �<IOIf b�fr�LL �p�M >0!1 OYlii>RTI Y4[� [u1. ice. iK YrwdO ,,1 r. iuC f �11M 1011F6 LlrflY Ob4RM OM R MRLUpa)OM{W Mtl[ws ronJ tl.I. litf. 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