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HomeMy WebLinkAboutResolution - 2000-R0376 - Contract - First Services A/C Contractors Inc.- Civic Center Cooling Tower - 10/12/2000Resolution No. 2000-80376 October 12, 2000 Item No. 56 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract per ITB #00-200 to furnish materials and services for Lubbock Memorial Civic Center cooling tower replacement, by and between the City of Lubbock and First Service A/C Contractors, Inc., of Midland, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of October , 2000. APPROVED AS TO CONTENT: &UJUX� Victor Kilm , Purchasing Manager APPROVED AS TO FORM: William de Haas, Competition and Contract Manager/Attorney gs/ccdocs/FirstSeru AIC Contractors.res September 18, 2000 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 1216 day of October, 2000 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 First Service AIC Contractors. Inc. of the City of Midland, County of Midland 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 #00-200 - LUBBOCK MEMORIAL CIVIC CENTER COOLING TOWER REPLACEMENT - $128,313.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement iLubbock County, Texas in the year and day first above written. fA�� ST: CITY O . BBOCK, TE ) A Secret nnnvno Af'ROVED AS TO.CONTE -T-- , Owner's Re sentative PVED A"FO nN CONTRACTOR: By: oZ PRINTED NAME:_ Je—T f 510 CkWto� TITLE: Q-+'?.a-A'a -5 i q2 e. ATTEST' I) COMPLETE ADDRESS: Corporate Secretary a SE)kL4 First Service AIC Contractors, Inc. 3009 Garden City Highway Midland, Texas 79701 r��°4i A OTOS 4,� .-*�doD —1�D2 i,� BOND CHECK BEST RATING -- Iq LICENSED N TEXAS DATE' b BY i&2=— CITY OF LUBBOCK SPECIFICATIONS FOR BBOCK MEMORIAL CIVIC CENTER COOLING TOWER REPLACEMENT BID #00-200 l K Y O �� 11 CITY OF LUBBOCK Lubbock, Texas City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING z 1625 13T" STREET LUBBOCK, TEXAS 79401 PH:(806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #00-200, Addendum #5 ADDENDUM #5 ITB #00-200 Lubbock Memorial Civic Center Cooling Tower Replacement MAILED TO VENDOR: August 28, 2000 CLOSE DATE: August 29, 2000 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please find enclosed the revised Bid Submittal -Lump Sum Bid Contract for your response to this bid. Alternate #1 has been added to the Bid Form per Section 15410, Page #3, Item P of the Specifications. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: Rshuffield@mail.cHubbock.tx.us THANK YOU, CITY OF LUB CK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 00-200add5 BID SUBMITTAL LUMP SUM BID CONTRACT DATE: PROJECT NUMBER: #00-200 - LUBBOCK MEMORIAL CIVIC CENTER COOLING TOWER REPLACEMENT Bid of (hereinafter called Bidder) f To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) L-, Gentlemen: E The Bidder, in compliance with your invitation for bids for the construction of a - 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 'k-- the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BASE BID: ($ ) ALTERNATE #1: COOLING TOWER PER TOWER SCHEDULE, SECTION 15410-3, ITEM P OF THE SPECIFICATIONS MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE #1: ($ ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 140 (ONE HUNDRED FOURTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to ` commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable r without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within (ten)10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 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) 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. r- Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. Therefore, any corrections to the bid price must be made on the Bid Submittal form prior to bid opening. Date: Authorized Signature (Seal if Bidder is a Corporation) (Printed or Typed Name) ATTEST: Company Secretary Address Bidder acknowledges receipt of the following addenda: City, County Addenda No. Date State Zip Code Addenda No. Date Telephone: - Addenda No. Date Fax: Addenda No. Date M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) 2 City of Lubbock -3 PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13"' STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 hftp://purchasing.ci.lubbock.tx.us MAILED TO VENDOR CLOSE DATE: ITB #00-200, Addendum #4 ADDENDUM #4 ITB #00-200 Lubbock Memorial Civic Center Cooling Tower Replacement August 25, 2000 August 29, 2000 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Question: Can you clarify the responsibilities of the Temperature Control Contractor? Answer: The Temperature Control Contractor's responsibilities shall be defined by Section 15511 of the specifications in its entirety and all subsequent addenda. 2. Electric Basin Heater Control: Defined in Section 3.03, to include contactors as explained by Addendum #1, Question 2. 3. Condenser Water Temperature Control for Cooling Tower #3: Defined in Section 3.04, to include the automatic valve, defined in Section 1.03, paragraph D. 4. Condenser Water Temperature Control for Cooling Tower #1 & #2: Defined in Section 3.04, with the omission of the sump bypass. Only Tower #3 shall include a tower bypass, as modified by Addendum #3. 5. The Temperature Control Contractor shall provide all materials and labor necessary to tie fan control sequences to existing starter interfaces. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuf field, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us THANK YOU, I CITY OF LUBBOCK 4 Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 00-200add4 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13" STREET LUBBOCK, TEXAS 79401 PH:(806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #00-200, Addendum #3 ADDENDUM #3 ITB #00-200 Lubbock Memorial Civic Center Cooling Tower Replacement MAILED TO VENDOR: August 24, 2000 CLOSE DATE: August 29, 2000 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Modify note #23 on Sheet ME-1 as follows: In lieu of the 3-way valve indicated, the Contractor shall install a 2-way butterfly valve with electric actuator in the vertical riser, configured for bypass to the sump, and controlled by a temperature sensor in the return line. The valve shall be selected so that the static head in the vertical riser exceeds the pressure drop to the sump during bypass operation. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: Rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK 4 00017 Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 00-200add3 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING -- 1625 13T" STREET LUBBOCK, TEXAS 79401 PH:(806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #00-200, Addendum #2 ADDENDUM #2 ITB #00-200 Lubbock Memorial Civic Center Cooling Tower Replacement MAILED TO VENDOR: August 22, 2000 CLOSE DATE: August 29, 2000 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. QUESTION: "Does the Contractor need to add heat tape or circuits for heat tape?" ANSWER: Our intent is that the Contractor reuse existing heat tape and circuits dedicated for that purpose. 2. QUESTION: "Who provides the contactors for the basin heaters?" ANSWER: Contactors shall be provided and installed under Division 15 by the Temperature Control Contractor. 3. QUESTION: "Are the existing starters/disconnects two speed and will they be reused? ANSWER: Existing starters are two speed and shall be reused for this project. 4. QUESTION: "Will disconnects be required to be adjacent to the motors?" ANSWER: No disconnects are required adjacent to motors. 5. QUESTION: "Does the Contractor need a new circuit for control devices such as vibration switches?" ANSWER: The intent is to reuse existing circuits. 6. QUESTION: "Does the Contractor need to interface with a specific control system?" ANSWER: Yes, a new control system will be installed with Teletrol components. 7. QUESTION: "Should the power for the control valve (Note # 23) be protected by a GFCI device?" ANSWER: The circuit for the control valve (Note # 23) does not need to be protected by a GFCI device. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to or Email to: 00-200add2 (806)775-2164 Rshuffield@mail.ci.lubbock.tx.us No Text ITB #00-200, Addendum #2 THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 00-200add2 No Text City of Lubbock -- PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #00-200, Addendum #1 ADDENDUM #1 ITB #00-200 Lubbock Memorial Civic Center Cooling Tower Replacement MAILED TO VENDOR: August 3, 2000 CLOSE DATE: August 29, 2000 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. "Notice to Bidders" page 1, paragraph 4 should read as follows: "The City of Lubbock will consider the bids on the 14th day of September. 2000, at the Municipal Building, 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 $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior." .All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: 00-200add 1 Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)775-2164 RShuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. I r L i CITY OF LUBBOCK INVITATION TO BID FOR TITLE: LUBBOCK MEMORIAL CIVIC CENTER COOLING TOWER REPLACEMENT ADDRESS: LUBBOCK, TEXAS BID NUMBER: 00-200 PROJECT NUMBER: 9168.8107 CONTRACT PREPARED BY: PURCHASING DEPARTMENT mmw 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS No Text NOTICE TO BIDDERS BID #00-200 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 29th day of August. 2000, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "LUBBOCK MEMORIAL CIVIC CENTER COOLING TOWER REPLACEMENT" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 24th day of August. 2000, at the Municipal Building, 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 $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 17th day of August. 2000 at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775-2281 at least 48 hours in advance of the meeting. UttA CIITYOF LUBBOCK VICTOR KILMAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806) 775-2167/Fax (806) 775-2164. GENERAL INSTRUCTIONS TO BIDDERS No Text GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the LUBBOCK MEMORIAL CIVIC CENTER COOLING TOWER REPLACEMENT. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 Email: RShuffield@mail.ci.lubbock.tx.us 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within ONE HUNDRED FOURTY (140) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. r 7. 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. 8. 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. 9. GUARANTEES 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). Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants the year 2000 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. 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. 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. 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 2 I _i 11. 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. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 13. 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. 14. 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. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the 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. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this 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. 16. 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. 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) 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 coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. E_ 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. 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. 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 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. 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: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. 23 (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. Q) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. 6 i e BID SUBMITTAL BID SUBMITTAL LUMP SUM BID CONTRACT DATE: AUGUST 29, 2000 PROJECT NUMBER: #00-200 - LUBSOCK MEMORIAL CIVIC CENTER COOLING TOWER REPLACEMENT Bid of FIRST SERVICE A/C CONTRACTORS, INC. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (heremater called Owner) Gentlemen: The. Bidder, in compliance with your invitation for bids for the construction of a COOLING TOWER REPLACEMENT 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 proja,rt in accordance with the plans, opeeifications and contraul documents, within the time set forth therein and at the price stated 'below. The price to cover all expenses incurred in performing the work required under the contract documents. _ M 51 TOTAL_ RASE 81 W ALTERNATE #1: COOLING TOWER PER TOWER SCHEDULE. SECTION 15410-3, ITEM P OF THE SPECIFICATIONS ,/ A n , MA7ERIA1_S: J SERVICES: TOTAL ALTERNATE1 (Amount shall be shown in both and numerals. In case oy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a data tr, he specified in a written ^Notiue to Proceed" of the Owner and to fully complete the project within 140 (ONE HUNDRED FOURTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further aoraas to pay to Owner as IiquidaLed damages the Sum of *500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of tho contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. 1 bidding. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after tho ochcduled closing time fu► I -Mewing bids. Tho undersigned Bidder h w eby 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 bofore the date specified iir 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 certi5ad r:heck 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 entcr into a contract, obtain all required Insurance policies, and execute all necessary bonds (if required) within (ten)10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check f r Dollars {$ _� or a Bid Bond in the sum 1�c? iJ ors ($ . � ,which it is agreed shalt be collected and retained by the Owner as liquid teat amaaes in the event the bid is accepted by the Owner and the undersigned fails to execute tho necessary contract documents, Insurance certificates, and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said chock 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 Coda 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. Therefore, any corrections to the bid price must be made -on the Sid Submittal form. prior to bid o2finina. (Seal if Bidder is a Corporation) f t ATTEST: t SEAL U' PAT BUCHA Bidder acknowledges receipt of the Addenda No. I Pate 8 / 3 // 0 Addenda No. 2 Date & f 22 /M Addenda No. � 1 Date g A/ 0 0 Addenda No. +n pate g � 5 % 0 0 ADDENDA T--5—DATE 2 8 / 0 0 M/WBE Firm: Date, AUGUST 29, 2000 JEFF BLACKWOOD (Printod or Typed Name) FIRST SERVICE A/C CONT., INC. so �Wy-GARDEN CITY HWY. Address MIDLAND MIDLAND City, County 79701 State 915 _4 9 8 ?� ole Teleph� 15 4 Fax: I 1. 2.. 3. 4. 5. 6. 7. 8. 9. 10 LIST OF SUBCONTRACTORS Minority Owned Yes No X114 0 0 ❑ ❑ 0 0 0 ❑ ❑ 0 0 ❑ ❑ 0 0 ❑ 0 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal 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) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. ontractor (Signature) CONTRACTOR'S NAME: CHRIS CROWNOVER Contractor (Print) FIRST SERVICE A/C CONTRACTORS, INC. (Print or Type ) CONTRAC TOR'S ADDRESS: 3009 GARDEN CITY HWY . Name of Agent/Broker: _ Address of Agent/Broker: City/State/Zip: MIDLAND, TEXAS 79701 MELTON INSURANCE 4526 E UNIVERSITY, BLDG. ONE ODESSA, TEXAS 79762 Agent/Broker Telephone Number: ( 915 ) 36 8 - 9 4 0 5 Date: 8/28/00 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #00 -200 - LUBBOCK MEMORIAL CIVIC CENTER COOLING TOWER REPLACEMENT 4 10.1 CITY OF LUBBOCK CONTRACTOR NOTIFICATION AND ACKNOWLEDGMENT of the presence of asbestos containing building materials (ACBM) The purpose of this document is to advise the contractor/bidder of the presence and location of ACBM in the building(s) indicated below. The City of Lubbock makes this notification in our continuing effort to comply with all the environmental and human health protection laws associated with asbestos. Civic Center Physical Plant, located at 1506 61h Street, in Lubbock, contains asbestos containing building materials (ACBM). The description of the known materials and their locations is listed below. Type / Location: Thermal Systems Insulation / Roof drain joints Type / Location: Type / Location: Type / Location: The above should not be considered a complete and/or exhaustive list of ACBM in this structure. Materials can be encased behind walls and not readily visible or accessible. Your signature below indicates your acknowledgement and agreement of the following: 1) You have been notified of the presence and location of known ACBM, 2) You will avoid the disturbance of known ACBM unless trained, licensed, and authorized to do so, and 3) You will advise a City representative in the event of any accidental disturbance of the ACBM listed above. Please return the original, signed version with your bid submittal. FIRST SERVICE A/C CONTRACTORS, INC. Contractor Name: Contractor Representative: CHRIS CROWNOVER Contractor Signature: -�2 - /-� Date: 8 / 29 / 00 p Attention Purchasing dept: Please forward the signed document to the Facilities Management department, Attn: Asbestos Coordinator INSURANCE COMPANY OF THE WEST P.O. Box 85563, San Diego, CA 92186-5563 KNOW ALL MEN BY THESE PRESENTS: That we, First Service Air Conditioning Contractors, Inc. (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State_of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of Texas as Surety, are held and firmly bound unto City of Lubbock, Texas (hereinafter called the obligee) in the just and full sum of Five Percent of Greatest Amount Bid ------- Dollars ($------ (5%)--------------� lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bound Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated August 29, 2000 for Cooling Tower Replacement in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence satisfactory to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed, sealed and dated: August 29, 2000 ICWTX 409 (06/92) Printlar,r First Service Air Condition Contractors, Inc. b '�-, �f�;;:. ..... _ .•,�,�7 Seal ///flifl4}AI7ri11��P\" SURAN COMPMY OF THE WEST" V � by Cara D. coW Attorney-i - Fact Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA 061TITA M • • KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: CARA D. HANCOCK its true and lawful Attorneys) -in -Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 8TH day of JUNE 2000. STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO ?4�OOMPANypfy INSURANCE COMPANY OF THE WEST yt� `NOOAPORAJE� £ 4AACN t. �a'M1 CAlIPORM" L. Hannum, Executive Vice President IN WITNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to California Probate Code §4121 and 4122. l N ncy Ruby CERTIFICATE: I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this 29th day of August 2000 'WAPANPO cFrCF A�yn `NOOAPOAAJEp z MAACN 1. 01 040FOW" ICW 37 HIMUM Ni A - - I-ICEN!WSEDN TEXAS BY ia PERFORMANCE BOND Bond No. INWTX-000018 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) First Service Air Conditioning Contractors, Inc. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and The Mountbatten Surety Company, Inc. (hereinafter called the Suret (s), as Suret (s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of e hu dr d w t ei h ndpollars $128 , 313.00 lawful money of the �� �i ed td � �1��'( ) Y 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 12t1day of October ,2000,to Bid #00-200 - Lubbock Memorial Civic Center Cooling Tower Replacement. 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 this26th day of October , 20 00 . The Mo batt ur Company, Inc. First Service Air Conditioning Contractors Suret (Company Name) C-Jl� A By: NqVI 1) Gews-e-, 4- itle Cara H ncock, (Printed Name) Attorney -In -Fact (Signature) F, p f (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin 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. Approved as to Form City bock _., Y: i to The Mountbatten Surety Company, Inc Surety *13 ite) Cara D. Hancock Attorney -In -Fact * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, Inc., a corporation of the Commonwealth of Pennsylvania, has made, constituted and appointed, and by these presents does make, constitute and appoint Kevin J. Dunn, Cara D. Hancock and/or Fred Davis all of Lubbock, Texas -- its true and lawful Attomey-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: NOT TO EXCEED SIX MILLION DOLLARs---------------------------------------------------------------------------------------------------------($ 6,000,000.00) -- Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attomey-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. Notwithstanding any other term in this document to the contrary, the authority granted herein does not extend to the execution on behalf of the surety of releases of any nature, claim settlements or compromises, or agreements not of the type generally construed to be contracts of suretyship or undertakings. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on August 28, 1992 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney -in -Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attomey-in-Fact or representative. The authority of such Attomey-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted - thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, The Mountbatten Surety Company, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 2nd day, of March, 2000. �soa�yY THE MOUNTBATTW SURETY COMPANY, INC. (Seal) Attest: By: �¢ Gary, . Bra , Secre Kenneth L. Brier, Pre sIdlent Anthony Notarial Seal Commonweal ennsylvania Lower Trion Stewart, to , Mono Notary Public County of Montgomery My Commission Expires Aug. 5, 2002 � niaATd onINotarles On this 2nd day of March, 2000, before me personally appeared Kenneth L. Brier, President of The Mountbatten S% OP a fnc. wi venom am personally acquainted, who, being by me duly swom, said that he resides in the Commonwealth of Pennsylvania, that he is President of The Mountbatten Surety.Company, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the §Pal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto as President of said Corporation by like auth rity. (Seal) Notary Public - CERTIFICATE I, the undersigned Secretary of The Mountbatten Surety Company, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is fn full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attomey-in-Fact as provided in Section 12-1 of the By -Laws of The Mountbatten Surety Company, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By -Laws of The Mountbatten Surety Company, Inc.: "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XI I, Section 12-1 of the By -Laws appointing and authorizing an Attorney -In -Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other '.. = instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this 26th day of October 2000 This power of attorney is only valid with Code # TNWTX_nono i 8—pp and the original, red stamp affixed hereto. (seal) L t _ Gary . Bragg, Secrets (Stamp) e BOND CHECK BEST RATING LICENSED IN TEXAS DATE i/30— BY isll;;�� PAYMENT BOND Bond No. INWTX-000018-PP STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) First Service Air Conditioning KNOW ALL MEN BY THESE PRESENTS, that Contractors, Inc. (hereinafter called the Principal(s), as Principal(s), and The Mountbatten Surety Company, Inc. (hereinafter called the SurVA ), gs STrety(s�, are held arld fir ly bound unto the City of Lubbock (hereinafter called the u re we tei t, ndObligee), in the amount of ee u�dred t:�.te� & Oif�`�0--®ollars ($128 , 313.00-� 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 12th day of October ,20 00 ,to Bid #00-200 - Lubbock Memorial Civic Center Cooling; Tower Replacement. 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 26th day of October 2000 L. ,. The Mountbatten Surety Co an Inc. Surety By: By. - -Fact (Title) First Service Air Conditioning Contract (Company Name) PAW) C�gbz-4�, (Printed Name) (Sig —nature) Pkes; de,., -I' (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Kevin 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. The Mountbatten Surety CoInc Surety * BY itle) Cara D. Hancock, Attorney -In -Fact Approved as to form: City of ubbock By: 3 �; i ttorne * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 tm THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, Inc., a corporation of the Commonwealth of Pennsylvania, has made, constituted and appointed, and by these presents does make, constitute and appoint Kevin J. Dunn, Cara D. Hancock and/or Fred Davis all of Lubbock, Texas its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: NOT To EXCEED SIX MILLION DOLLARS-------------------------------------------------------------------------------------------------------($ 6,000,000.00) Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attomey-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. Notwithstanding any other term in this document to the contrary, the authority granted herein does not extend to the execution on behalf of the surety of releases of any nature, claim settlements or compromises, or agreements not of the type generally construed to be contracts of suretyship or undertakings. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on August 28, 1992 with all Amendments thereto and are still in full force and effect: "Article XI1: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attomey-in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attomey-in-Fact or representative. The authority of such Attorney -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, The Mountbatten Surety Company, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 2nd day of March, 2000. ,Ul i, THE MOUNTBA-rr§y SURETY COMPANY, INC. d TE �t (Seal)°"Attest: _ By: iiQS , IM Gary•lf. Bra , SecretffW Kenneth L. Brier, Pre Anthony Notarial Seal - Commonweal ennsylvania Lower Mrlon Twp , T. Stewart, merry County County of Montgomery My Commission Expires Aug. 5, 2002 n PniaA%o%flongfNotaries On this 2nd day of March, 2000, before me personally appeared Kenneth L. Brier, President of The Mountbatten S��ojiarl nc. wi w om I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is President of The Mountbatten Surety. Company, Inc.; the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the ssal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto as President of said Corporation by like auth rity. (Seal) �-- Notary Public CERTIFICATE I, the undersigned Secretary of The Mountbatten Surety Company, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attomey-in-Fact as provided in Section 12-1 of the By -Laws of The Mountbatten Surety Company, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the - By -Laws of The Mountbatten Surety Company, Inc.: "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XI I, Section 12-1 of the By -Laws appointing and authorizing an Attomey-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, 1 have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this _26th day of October , 20 QIZ. This power of attorney is only valid with Code # INWTX-00001 8—PP and the original, red stamp affixed hereto. (seal) t Gary : Brajg, Secrets (Stamp) W_ I No Text IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department. of -Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you .have -a dispute concerning your premmium. or about. a claim OV should contact 3th-e-agent or the company first-.- If°�the dispute is -not :resolved, youthe Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice., is for information only and does - not become a part or -- --_ condition of the attached document. CERTIFICATE OF INSURANCE AI:1 RD, PNDDUCM ELTON INSURANCE SSOCIATES INC. 526 E UNIVERSITY B1 DESSA TX 79762-8138 RST SERVICE AIR COND. NTRACTORS, INC; V-GROSS, INC 09 GARDEN CITY HWY DLAND, TX 79701 CONFERS NO R40KM UPON THE CERTriCATE HOLDER. THB CERifiCATE DOW NOT ANWD, EXT®W OR ALTM THE COVERAGE AFFORD® BY THE COMPANIES AFFORDING COVERAGE o0upow A REPUBLIC LLOYDS LErnm COMPANY B SOUTHERN VANGUARD INS CO. Lmm COMPANY C INSURANCE COMPANY OF THE WEST Lurm COWW'^' D REPUBLIC UNDERWRITERS L�rs� ooMrAMr E Lurrm mTV" OFINiiBIAM AuorMumom PAMJD M OATS %ftVWM umn 1 +TM Q8dWliL UA2X" MAW TXP5618244 1/01/00 1/01/01 �+ ►� 0 —ciawmp" i .l U G, 8 8 &AIN. i 11000,00 1,000.00 oAwuoEwyp»nna100.00 3 AUTOMMULIMUM ANYAM OWNW AUme -& TCA5618245 1/01/00 1/01/01 0 LY INJURY MAW union CAMAW oxamupsum raw► THIN uAAeFm" FORM UMB5618247 1/01/00 1/01/01 OCClummocri 1.1 ,E OOY►ENiATfOM MVOl� 'S AM dnLavow uAmuTY WTX1701432--00 1/01/00 1/01/01 frum" yLom EUMAOCtDW 500.00 a-FauaY uMIIT DOSAW-0 im"" E SINGLE LOCATION PER DISASTER DEDUCTIBLE CIM5618246 BUILDERS RISK 1/01/00 1/01/00. 1/01/01 1/01/01 $600,000 $600000 $500 'ITY OF LUBBOCK ADDITIONAL INSURED ON GENERAL LIABILITY & AUTO, WAIVER OF SUBROGATION IN FAVOR OF CITY OF LUBBOCK ON WORK COMP,GENERAL LIABILITY & - ---------------------------------... .......... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELIM BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANYWILL lmDEAvoR To CITY OF LUBBOCK MML I fj GAYSWRRTENNOTICETOTHEcERTIFICJITEHOLDERNAMEDTOTHE BOX 2000 LEFT. BUT FAILURE TO MAIL SUCH NoT10E *HALL IMPOSE No OBLIGATION OR LUBBOCK TX 79401 LIAMM OF ANY IOND UPON THE COMPANY. TTb AGENTS OR REPREiENTATIM MRH0 A= iN0P#dN MiAVW PRODUCiR ELTON INSURANCE SSOCIATES INC. 526 E UNIVERSITY B1 DESSA TX 79762-8138 IRST SERVICE IR CONDITIONING ONTRACTORSF INC. 009 GARDEN CITY HWY IDLAND, TX 79701 MUM OAT! 6WMIDIMM CONFM NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTWICATE 0098 NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COWANY A REPUBLIC LLOYDS LErrm 00WN& 8 SOUTHERN VANGUARD INS CO IATw OOM'AW C INSSURANCE COMPANY OF THE WEST LErlto� OCMPPW D REPUBLIC UNDERWRITERS Lmm COMPANY E uffm TM OF INUWCE ROum muYSER (MWWM PAU umm GUMIALUABILn► MERCIA©ENERALUMUTY MADE DR 0'e & CONW911 Fr8 Mr. TXP5618244 1/01/00 1/01/01 � � ►� UOTB-COWP PAW. ,.,,_�`t)00.OQI 2 000 PERSONAL & mw INduRY = 1,0000 01 EACH OCCURFWME 11000,00I1 FlRE DAMAQE 0" one my 1 O 0 0 O MED.F?�, (My as Pence) 1 J'a j 1 aTOMa�nsuAswTr ALLIO A&WLpyNOAMOS HEOULJ_OAUTOS MIPIBD AUTO$ -OWNEDAUTOS UABIUIY TCA5 61824 5 1/ O 1/ 0 0 1/ O 1/ 01 Eo BINGLF LIMB , 1 0 0 0 0 YMUM ( Pence) BODILY "RY (Pa ecddee0 PROPERTY OAMACLE excessumurf LLA FORM =7WUMWMlAFOFM UMB5618247 1/01/00 1/01/01 WHOCOURMCE REQATE ws»ee WORIQ!N'8 COMFENMriON AMo IMFLOYf M LlAblU Y WTX1701432-00 1/01/00 1/Ol/O1 WTAnMW UMRS 500,00 EACH ACCIDENT Owe -POLICY uMR r E-FACFI EMPLOYEE 500.0 O'TM'DSINGLE LOCATION PER DISASTER DEDUCTIBLE CIM5618246 BUILDERS RISK 1/01/00 1/01/00 1/01/01 1/01/01 $600,000 $600,000 $500 rDBSCRWI MofoFIN►?IOIh►IOCAliOWIYtl+I umfflpwlhl.n AIVER OF SUBROGATION AND ADDITIONAL INSURED INCLUDED ON CGL & AUTO S PER WRITTEN CONTRACT IN FAVOR OF THE CITY OF LUBBOCK. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .7 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF LUBBOCK �L_1 a aVSWHEN NonoETOTHE CERTIFICATE HOLDER NAMED TO THE BOX 2000 LEFT, BUT FAILURE TO MAUL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LUBBOCK TX 79401 LIABILITY Of ANY IOND UPON THE COMPANY; ITS AGENTS OR REPRESENTATNM AvnwRlzeoRl:Fm�eM>rr++�, CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: 10-27-00 P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: COOLING TOWER REPLACEMENT ' THIS IS TO CERTIFY THAT FIRST SERVICE AIR CONDITIONING CTRS INC(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 ffToE LIMITS DATE DATE GENERAL LIABILITY 1 Commercial General Liability TXP5618244 1-1-00 1-1-01 General Aggregate $ 2 , 000 , 000 0 Claims Made Products-Comp/Op AGG $ 2 000 000 Occurrence Personal & Adv. Injury $ 1, 000 , 000 ❑ Owner's & Contractors Protectiv Each Occurrence $ 10000 , 000 Fire Damage (Anyone Fire) 100,000 Med Exp (Any one Person) 5,000 AUTOMOTIVE LIABILITY i Any Auto TCA5618245 1-1-00 1-1-01 1,000,000 Combined Single Limit $ 0 All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) N Hired Autos Property Damage $ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ BUILDER'S RISK 100% of the Total Contract Price CIM5618246 1-1-00 1-1-01 Single Location $ 600,00 INSTALLATION FLOATER Per Disaster $—b98;9$A— M6 pp, EXCESS LIABILITY Umbrella Form UMB5618247 1-1-00 1-1-01 Each Occurrence $ 1,000,000 Aggregate $ 1,000,000 ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WTX1701432-00 1-1-00 1-1-01 The Proprietor/ <X Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ 500,000 Officers are: Disease Policy Limit $ 5 Disease -Each Employee $ 500,000 _ 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 REPUBLIC INSURANCE COMPANIES am u MUST BE SENT TO THE CITY OF LUBBOCK yy BI�IEL NSURL7 Title: AGENT CONTRACTOR CHECKLIST W0101►III IIMAD a •lM1SW T" (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: No Text CONTRACT CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 2 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the .project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 121h day of October, 2000 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 First Service A/C Contractors. Inc. of the City of Midland, County of Midland 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 #00-200 - LUBBOCK MEMORIAL CIVIC CENTER COOLING TOWER REPLACEMENT - $128,313.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement i , Lubbock County, Texas in the year and day first above written. i APPRRVED AS NO FO ---- 11'::5� ��44A ; ddv-Attom0-' s ATTEST: m C Corporate SecretaryISM L (2Z auc�dw z CT® ° By: i/►/c, MAYOR C�Z�1>;1[1i7_Z�i1� Kol' Seky i ce. hi C COn+PachPs , Znc- . By: PRINTED NAME: Jiff 51 00(woo TITLE: ©P e"Ons 11 2na9C2 COMPLETE ADDRESS: First Service A/C Contractors, Inc. 3009 Garden City Highway Midland, Texas 79701 GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit FIRST SERVICE A/C CONTRACTORS. INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative FREDDY CHAVEZ ASSISTANT MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall. not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed - Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the , Insurance Certificate, and all other documents made available to Bidder Agreement (if any), Specifications, Plans 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 or words of like import shallof the Owners 've is intended; and similarly, the words mean approved by or acceptable or satisfactory to the Owner'sle,° "Satisfactory," Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for L performance of work on the project contemplated by these contract documents. Owner shall have no responsibility will contemplated by theecontract documents, but said Subcontractors ctors wi I look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 1 Q Me] liif 12. W3 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. 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. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 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. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. LINES AND GRADES H All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. i Li 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 insure 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 officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. , 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and ti Materials or such other applicable organization as may be required by law or the contract documents. t' If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and , approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such 3 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. r �i i 4 i i J. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 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 5 them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the commencement any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the 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 prior to bidding , of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any ' request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. t I U If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the , Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. [l 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard 7 B. 0 A F Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage,10 Combined Single Limit. This policy shall be submitted prior to contract execution. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000.00 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. Builder's Risk Insurance/Installation Floater Insurance. %-� The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. Pi Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of ton all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 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 rovidin services on a project, for the duration of the project. tYproviding P 1 P 1 t 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 8 delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 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 -r the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor Ll does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. r- (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 1 specifications. No substitute of nor amendment thereto will be acceptable. 10 , (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (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 512(440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage," and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: , "By signing this contract or providing or causing to be r- 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 LJ 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; Ll (vi) retain all required certificates of coverage on file for the duration of the project F and for one year thereafter; 12 I_ 1 (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement,, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 13 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500.00 (FIVE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial I j 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. t IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 14 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 15 39. 40 41 42 PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's _ agents and employees, which have not theretofore been timely filed as provided in this contract. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial , payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then a the Contractor on or before the fifteenth day of the current month the total amount of the PY Y 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. Li 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. 16 t 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 17 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 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. 20 CURRENT WAGE DETERMINATIONS 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 17 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. 18 In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective.of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in !; paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 19 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 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. 20 a.�✓✓iu...�✓v _...ice VLVa— Item No. 39 RESOLUTION April 8, 1999 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann. Civ. Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984. further updated by Resolution No. 2502 enacted January 8, 1987, further updated by Resolution No. 5721 enacted March 14, 1996, and amended by Resolution No. 6138 enacted December 16, 1998; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C: Overtime Rate Exhibit D: Legal Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. fPassed by the City Council this 8th day of April_ 9 99. ! L WINDYS[ItTO14, MAYOR it ATEST: . Kayt t Darnell, City Secretary APPROVED AAS TO CONTENT: Mare Andrews, Managing Director of Human Resources IAPPROVED AS TO FORM: Amy e.bworksxes s, AAistant City Attorney gsccdoc i March 25. 1999 City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified Hourly Rate 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 - 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 a . : I- : r ; Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Truck Driver -Heavy Hourly Rate 9.00 6.00 8.00 7.00 12.00 6.00 7.00 6.25 6.00 6.75 8.00 7.00 7.75 R.00 7.75 7.25 8.00 7.25 9.50 6.75 7.25 7.25 6.50 7.00 IX .:11: TMA 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. ."`"w✓ »...�,:.: ,... v»..,�,.., ., w..w;` i..ss„A„�.�ashG.fi..2- T....A�,s,%::,,. m �...... r ,* " _._. 10.1 CITY OF LUBBOCK CONTRACTOR NOTIFICATION AND ACKNOWLEDGMENT of the presence of asbestos containing building materials (ACBM) The purpose of this document is to advise the contractor/bidder of the presence and location of ACBM in the building(s) indicated below. The City of Lubbock makes this notification in our continuing effort to comply with all the environmental and human health protection laws associated with asbestos. Civic Center Physical Plant, located at 1506 61h Street, in Lubbock, contains asbestos containing building materials (ACBM). The description of the known materials and their locations is listed below. Type / Location: Thermal Systems Insulation / Roof drain joints Type / Location: Type / Location: Type / Location: The above should not be considered a complete and/or exhaustive list of ACBM in this structure. Materials can be encased behind walls and not readily visible or accessible. Your signature below indicates your acknowledgement and agreement of the following: 1) You have been notified of the presence and location of known ACBM, 2) You will avoid the disturbance of known ACBM unless trained, licensed, and authorized to do so, and 3) You will advise a City representative in the event of any accidental disturbance of the ACBM listed above. Please return the original, signed version with your bid submittal. Contractor Name: Contractor Representative: Contractor Signature: Date: Attention Purchasing dept: Please forward the signed document to the Facilities Management department, Attn: Asbestos Coordinator G. IJU J. K. L. M 0 99072 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. The electrical plans 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 plans 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. 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 Architect shall be made without any additional cost accruing to the Owner. 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 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. 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 Architect before the work is started, and interferences with the structural conditions shall be corrected by the Contractor before the work proceeds. Order of precedence shall be observed in laying out the pipe, ductwork, material, and conduit in order to fit the material into the space above the ceiling and in the chases and walls. The following order shall govern: 1. Items affecting the visual appearance of the inside of the building such as lighting fixtures, diffusers, grilles, 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 would not be impaired by bends and offsets. Piping, ducts, and 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. Exceptions and inconsistencies in plans 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. 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. 15010-2 O. Each bidder shall examine the plans and specifications for the General Construction. If these documents show any item requiring work under Division 15 or 16 and that work is not indicated on the respective "M", "P" & "E" 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 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 Architect for consideration before proceeding with the work. 1.05 INSPECTION OF SITE A. The accompanying plans do not indicate completely the existing mechanical and 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. 1.06 ELECTRICAL WIRING A. All temperature controls shall be performed by the Temperature Control Contractor under Division 15. 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. B. Unless otherwise noted, the Contractor under Division 16 shall furnish each motor with a starter and all controls of the types specified or required. C. These starters shall be of the totally enclosed type, of capacity rating within the required limits of the motors which they are to serve, shall be suitable for the motor current characteristics and shall provide thermal overload protection. All starters shall be standard of manufacture and performance of the National Electrical Manufacturers' Association. They further shall be listed by Underwriters Laboratories. Provide overload protection in each phase wire. 99072 15010-3 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 Architect or Owner. 1.09 MANUFACTURER'S DIRECTIONS A. All manufactured articles shall be applied, installed and handled as recommended by the manufacturer. 1.10 MATERIALS AND WORKMANSHIP 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. B. Wherever the make of material or apparatus required is not definitely specified, the Contractor shall submit a sample to the Architect before proceeding. C. 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, plumbing brass, grilles, registers, ceiling outlets and similar items and shall not be applicable to major manufacturers' items of equipment. D. 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. E. 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. F. 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 Architect, who will be the sole judge of equality. B. Within 30 days of being awarded the Contract for any section or sections of the work under this heading, 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. If the material is not submitted within 30 days of the contract signing, the Contractor shall furnish the specified materials. 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. 99072 15010-4 10.1 CITY OF LUBBOCK CONTRACTOR NOTIFICATION AND ACKNOWLEDGMENT of the presence of asbestos containing building materials (ACBM) The purpose of this document is to advise the contractorlbidder of the presence and location of ACBM in the building(s) indicated below. The City of Lubbock makes this notification in our continuing effort to comply with all the environmental and human health protection laws associated with asbestos. Civic Center Physical Plant, located at 1506 6" Street, in Lubbock, contains asbestos containing building materials (ACBM). The description of the known materials and their locations is listed below. Type / Location: Thermal Systems Insulation / Roof drain joints Type / Location: Type / Location: Type / Location: The above should not be considered a complete and/or exhaustive list of ACBM in this structure. Materials can be encased behind walls and not readily visible or accessible. Your signature below indicates your acknowledgement and agreement of the following: 1) You have been notified of the presence and location of known ACBM, 2) You will avoid the disturbance of known ACBM unless trained, licensed, and authorized to do so, and 3) You will advise a City representative in the event of any accidental disturbance of the ACBM listed above. Please return the original, signed version with your bid submittal. Contractor Name: Contractor Representative: Contractor Signature: Date: Attention Purchasing dept: Please forward the signed document to the Facilities Management department, Attn: Asbestos Coordinator f SECTION 15010 - GENERAL PROVISIONS FOR MECHANICAL AND ELECTRICAL PART 1 - 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 Architect, 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 Architect'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. B. 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 Architect of any discrepancies or omissions of sheets or pages. Upon notification, the Architect 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. All piping, conduit and ductwork for the mechanical and electrical trades shall be concealed in chases in finished areas, except as indicated on the drawings. Horizontal lines run in areas that have ceilings shall be run concealed in those ceilings, unless otherwise specifically indicated or directed. C. Piping, ductwork, conduits and raceways may be run exposed in machinery and equipment spaces, where serving as connections to motors and equipment items in finished rooms where exposed connections are required, and elsewhere as indicated on the drawings or required. D. All conduits in any space where they are exposed shall run parallel with the building walls. They shall enter the concealed areas perpendicular with the walls, ceilings or floors. Fittings shall be used where necessary to comply with this requirement. E. 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. F. The mechanical and electrical 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 99072 15010-1 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. G. The electrical plans 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 plans 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. H. 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 Architect shall be made without any additional cost accruing to the Owner. I. 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 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. J. 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 Architect before the work is started, and interferences with the structural conditions shall be corrected by K. the Contractor before the work proceeds. Order of precedence shall be observed in laying out the pipe, ductwork, material, and conduit in order to fit the material into the space above the ceiling and in the chases and walls. The following order shall govern: 1. Items affecting the visual appearance of the inside of the building such as lighting fixtures, diffusers, grilles, 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 would not be impaired by bends and offsets. L. Piping, ducts, and 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. M. Exceptions and inconsistencies in plans 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. N. 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 1 accomplish this intent shall be included whether specifically mentioned or not. 99072 15010-2 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 Architect 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 Architect 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. B. Shop drawings will be reviewed by the Architect for general compliance with the design concept of the project and general compliance with the information given in the contract documents. Review by the Architect and any action by the Architect 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 Architect, 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 Architect will be sufficient cause for the rejection of the pieces of apparatus in question. 1.14 PERMITS, FEES, ETC A. 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 sewer, water, gas and electric services as applicable. If any charges are made by any of the utility companies due to 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. 1.15 TESTING A. 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 furnish all fuel and materials necessary for making tests. 99072 15010-5 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 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. 1.17 TERMINOLOGY A. 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. 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. 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. 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. 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 Architect, 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 j _1 ►!S 10"A 15010-6 f_� 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. Items installed in/on finished ceilings shall be coordinated with the ceiling construction. The Contractor under each section shall conform to the reflected ceiling plan and shall secure details and/or samples of the ceiling materials as necessary to insure compatibility. Any device not conforming to this requirement shall be replaced by the Contractor at his expense. E. All items specified under Divisions 15 and 16 shall be installed tight, plumb, level, square and symmetrically placed in relation to the work of other trades. 1.20 CUTTING AND PATCHING A. All cutting and patching for work under Divisions 15 and 16 shall be done by the Contractor under the section for which the trade is specified. 1.21 PAINTING A. All painting shall be done by the Contractor under Division 9. Following is a general outline of the required work for Divisions 15 and 16. 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 pipe, conduit, boxes, cabinets, hangers and supports and miscellaneous metal. 3. Paint all exposed sheet metal. 4. Paint all insulated surfaces exposed to view, including piping, equipment, etc. Size surfaces until a smooth, non grainy surface is obtained. 5. Generally, painting is required on all surfaces such that no exposed bare metal or insulation surface is visible. 6. Paint all surfaces above or behind perforated return air grilles or other open spaced air outlet devices with flat black paint. All pipes, conduits, ductwork and structural members shall be painted. These surfaces shall be painted a distance away from the grille such that no unpainted surfaces are visible to a person standing on the room side and viewing through the device. 1.22 OWNERS OCCUPANCY A. It shall be understood that the building in which the work is to be done is a necessary part of the Owner's operation, and shall continue in use throughout the construction period without interruption. Take all precautions required by the Owner for the protection of his equipment and property. B. Contractor shall cooperate with the owner in scheduling areas in which work is permitted. Owners schedule will govern. 1.23 SCHEDULE OF WORK A. Under no condition shall any work be done in the present building that would interfere with its natural use during its normal hours of occupancy, unless special permission is granted by the Owner. This is particularly applicable where new connections are to be made to present lines or items of equipment in that building or where present equipment items in that building are to be 99072 15010-7 relocated or modified in any way. The Contractor shall include this scheduling requirement in his proposal as no additional compensation for overtime work will be granted. 1.24 WORKING TIME 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 Architect 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. 1.25 SALVAGE MATERIALS A. The Contractor shall remove existing equipment, piping, duct, grilles, conduit, wire, junction boxes, light fixtures and other items associated with the mechanical, plumbing and electrical 1 systems where shown on the drawings. 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 Architect), they shall be removed by the contractor under the section in which the item normally falls. B. Existing items (see above) where concealed in/above construction which is not disturbed, abandon in place. Plug, cap, disconnect or otherwise render harmless all such items. 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 Eli deliver any claimed item or material in good condition to the place designated by the Owner. All item not claimed become the property of the contractor and shall be removed from the site. 1.26 INSTALLATION DRAWINGS A. It shall be incumbent upon the Contractor to prepare special drawings as called for elsewhere herein or as directed by the Architect 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. t 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 Architect for his information.' 1.27 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 r direction and where pipes pass through walls, floors or ceilings. Arrows shall be used to indicate direction of flow. Markers shall be painted on using stencils. 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 1 exceeding 50 feet where exposed in a room and 25 feet when installed above removable - 99072 15010-8 ceilings, except that no exposed line shall enter a room without being identified therein. Marker 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. Also supply directional flow indicators adjacent to identification markers. C. Size of Identification: Outside Diameter Size of Legend of Pipe or Covering Letters (" Height) 3/4 to 1-1/4 1/2 1-1/2 to 2 3/4 2-1/2 to 6 1-1/4 1.28 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. 1.29 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 Architect 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. Temperature control drawings (reduced in size) 4. Start-up instructions for major equipment. 5. Trouble shooting procedures for major equipment. 6. Wiring diagrams. 7. Recommended maintenance schedule for equipment. 8. Parts list for all items. 9. Name and address of each vendor. 1.30 GUARANTEE A. Unless a longer period is specified elsewhere, the contractor shall guarantee all workmanship and materials for a period of one year from date of final acceptance. 1.31 COMPLETION REQUIREMENTS A. Before acceptance and final payment the Contractor under each Division of the specifications shall furnish: 1. Accurate "as built" 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 Architect when the work is completed. 2. All manufacturers' guarantees. 3. All operating manuals. 4. Guarantees. 5. Test and Balance Report. t_ 99072 15010-9 t _. 1.32 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 99072 15010-10 SECTION 15110 -PIPING AND ACCESSORIES PART 1 - GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General - Requirements, and Supplemental Conditions. 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. Cast Iron Soil Pipe and Fittings ASTM A74, Class SV Push On Gaskets for C.I. Soil Pipe ASTM C564 Caulked Joints for C.I. Soil Pipe Fed. Spec. HH-P-117 Type 11 No Hub Joints Clay Tile Pipe and Fittings Clay Tile Joints Rubber Rings for A.C. Pipe ABS Soil Pipe and Fittings ABS Soil Joints - Elastorneric PVC Soil Pipe and Fittings ASTM D3183 ASTM C700 ASTM C425 ASTM D 1869 ASTM D2751 ASTM D2751 ASTM D3034, Type PSM Max. SDR = 35 99072 15110-1 PVC Soil Fittings - Elastomeric ASTM D3212 Copper Tubing ASTM B88 Wrought Copper Solder Fittings ANSI B16.22 Cast Bronze Solder Fittings ANSI B 16.18 Steel Pipe ASTM A120, A53, A106 Butt Weld Fittings ANSI B 16.9 Socket Weld Fittings ANSI B 16.11 Steel Flanges ANSI B 16.5 Malleable Iron Threaded Fittings ANSI B 16.3 Cast Iron Threaded Fittings Fed. Spec. WW-P-501E Cast Iron Water Pipe ANSI A21.6 Cement Lining for C.I. Water Pipe ANSI A21.4 Cast Iron Water Pipe Fittings, Lined ANSI A21.10 and A21.10a Push -On Joints for C.I. Water Pipe ANSI A21.11 Mechanical Joints for Water Pipe ANSI A21.11 PVC Water Pipe ASTM D1584 Type 1120 Push On Joints for PVC Water Pipe ASTM D1585, AWWA C900 Asbestos Cement Water Pipe AWWA C400 Class 150 AC Water Pipe Fittings ANSI A21.10, 150 lb. AC Water Pipe Joints ASTM D1869 Flange Bolt, Sets ASME Pressure Piping 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 Maloney. E. Unions in Copper or Brass Lines: 125 pound all brass, screwed pattern, ground joint, equal to Chase, Crane or Mueller. 2.02 VALVES A. General Service Valves: 3" and smaller, all bronze, screwed; 3-1/2" and larger, flanged, iron body, bronze trimmed, equal to the following Crane Nos: Type Fluid Pressure Fluid Pressure Below 125 PSIG Above 125 PSIG Gate 3" and smaller 428 424 Gate 3-1/2" and larger 465-1/2 7-1/2 E Globe 3" and smaller 1 14-1/2 P Globe 3-1/2" and larger 351 21E Angle 3" and smaller 2 16-1/2 P Angle 3-1/2" and larger 353 23E 99072 15110-2 B. Where valves have discs, select the discs for the intended service using materials as recommended by the valve manufacturer. Provide extended stems for valves in insulated line, so that the handle clears the insulation and jacket. C. Acceptable General Service Valve Manufacturers: Stockham, Jenkins, OIC, Walworth, Hammond. D. 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. Norris, Keystone, Center Line, Demco or Crane valves are acceptable. Where valves are installed in insulated lines, provide extended stems so that the handle will clear the insulation and jacket. 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, acid 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 piping systems assembled by welding, use factory -fabricated welding fittings of the same material and the same schedule or weight as the piping in which they are installed, except that branches or take -offs of sizes not exceeding 2/3 of the nominal diameter of the mains may be made with Bonney Weldolets or Thredolets. Mitering of pipe to form elbows, notching of straight runs to form tees, and any similar construction will not be permitted. G. 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. Welded Joints: Make all welded joints by the metallic arc 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 99072 15110-3 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. B. Test and qualify all welders in the horizontal fixed and vertical fixed positions in accordance with AWS Code. Stamp or otherwise identify each welded joint with the assigned number, letter or symbol of the welder making the joint. All field welding will be subject to inspection by a testing laboratory's inspection (to be selected by the Architect and paid for by the Owner). The expense of qualifying welders shall be borne by the Contractor. 3.03 REVISIONS AND RELOCATION OF EXISTING SYSTEMS A. Where conflicts occur between the new work and the existing piping systems which cannot be resolved, the Contractor shall relocate the existing piping system. Relocated positions of piping shall be tested for new work. All piping systems shall be free from leaks. 3.04 REPAIR OF LEAKS A. All leaks in piping systems shall be corrected as follows: ; I . Repair leaks in solder joints by remaking the joint; no soldering or brazing over existing joints will be permitted. I 2. Repair leaks in screwed joints by tightening the joint; remake the joint if the tightening fails to stop the leak. 3. Leaks in caulked joints may be stopped by additional caulking of the joint; but if that fails, remake the joint. 4. 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. B. When any defect is repaired, retest that section of the system. 3.05 HANDLING OF MATERIAL A. Hauling: All materials furnished by the Contractor shall be delivered and distributed at the site tA by the Contractor. 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. 3.06 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; spigots centered in bells; and all valve stems plumb. All pipe shall be installed straight and true to line. ' 99072 15110-4 `_1 B. Deviations Occasioned by Other Structures: Whenever obstructions not shown on the plans are encountered during the progress of the work, the lines and/or grades shall be adjusted so to not interfere with existing obstructions. END OF SECTION 99072 15110-5 czz: SECTION 15211 - CONDENSING WATER PIPING SYSTEM PART 1 - GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 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 condensing water systems as shown on the drawings and/or specified herein. B. Install condensing water circulating piping complete and connect to tower, condenser, pumps, and other equipment. Include drain lines where shown or required. PART 2 PRODUCTS 2.01 MATERIALS: Refer to Section PIPING AND ACCESSORIES. A. Condensing Water Lines: Standard weight black steel. Use Victaulic couplings on lines 4" and larger. Weld smaller lines. Lines 2" and smaller may be screwed using 150 lb. malleable iron banded fittings. B. Drain Lines: Schedule 40 galvanized steel pipe assembled with 150 pound malleable iron, banded pattern, screwed fittings or at the Contractor's option, may be Type L hard copper tubing assembled with wrought copper solder joint fittings. Do not mix the two materials. 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. Install drains from the pump base and from the cooling tower pan to the nearest drain in each case. Provide any other drain lines indicated on the drawings or required. 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. D. Cleaning: Fill the system with a solution consisting of either one pound of caustic soda or three pounds of trisodium phosphate per 100 gallons of water. Eliminate all air and circulate this solution for 48 hours. Drain the system and thoroughly flush it with fresh water. Clean out all strainers. Refill the system with fresh water. E. Testing: 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 99072 15211-1 SECTION 15310 - INSULATION PART 1 - GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements and Supplemental Conditions. 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 2.01 MATERIALS 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 the United States of America. E. Where specified, insulate valves and fittings with two fiberglass inserts and preformed Manville "Zeston" covers with taped seams. F. Where metal jackets are specified, they shall be 0.016" thick No. 5005 tempered aluminum secured with machine drawn 0.020" stainless steel bands. PART 3 - EXECUTION 3.01 INSTALLATION 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 99072 15310-1 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 and seal with vapor barrier lap adhesive equal to Benjamin Foster 82-07 or use self sealing lap. Tightly butt the ends and cover butt joints with a 4" wide band of vapor barrier jacket secured with the same adhesive. 3.03 INSULATION ON EQUIPMENT AND PIPING SYSTEMS A. The following describes materials, thicknesses and finishes for insulation and coverings. In the following, the word "exposed" shall apply to any line, duct, or other material or surface in any �t room above the lowest floor in any building unit, exterior to the building and above ground, and/or in equipment rooms; the word "concealed" shall apply to any line, duct, or other material or surface in other underfloor areas, ceiling spaces furrings and chases. B. Also included in this section is the requirement for patching and repair of existing insulation where new connections are made. 1. Condensing Water Supply: Insulate with molded sectional glass fiber pipe covering with factory applied all purpose vapor barrier jacket equal to Manville "Micro-Lok APT 850". Insulation shall be 1-1/2" thick. Insulate valves and fittings with fiberglass inserts and "Zeston" PVC covers. Provide metal jacket for all exterior piping. 99072 END OF SECTION _I I&MEOPA SECTION 15410 - EQUIPMENT PART 1 - GENERAL 1.01 NOTE A. Conform with the applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS A. Submit manufacturer's data and shop drawings on all items specified. 1.03 SCOPE A. This section of the specifications pertains to all labor, materials, equipment and service necessary for and incidental to the mechanical equipment as shown on the drawings and/or as specified herein. B. This section requires the furnishing of all equipment specified and/or shown on the drawings. Equipment referred to singularly shall mean each item, and the total number of items shown or specified shall be furnished. All equipment shall be manufactured in the USA. C. All appurtenances and auxiliary equipment necessary to the function of any specified item of equipment shall be furnished with the item of equipment, whether specifically mentioned or not. Each item of equipment shall perform the function for which it is intended, and all work necessary to provide a complete functional system shall be provided. D. This specification requires that all items of equipment be completely installed, finally connected, tested and placed in service. E. It shall be the responsibility of the Contractor to verify all requirements of the equipment and the contract and certify with the submittal of the shop drawings that all requirements have been met, including: 1. Space requirements 2. Electrical requirements (voltage, phase, wires - no. and size) 3. Capacities 4. Clearance for maintenance 5. Quality 6. Quantity PART2-PRODUCTS 2.01 COOLING TOWER A. Furnish and install as shown on the plans, 3 factory -assembled, induced -draft, crossflow, cooling towers design w/vertical air discharge. B. Principal construction shall be of heavy gauge; G235 galvanized steel angles and channels. Casings shall consist of fiberglass -reinforced polyester (FRP) panels. C. Capacity: The cooling towers shall be guaranteed by the manufacturer as scheduled. Additionally, the performance shall be certified by the Cooling Tower Institute in accordance with CTI Certification Standard STD-201 or, lacking such certification, a field acceptance test shall be conducted within the warranty period in accordance with CTI Acceptance Test Code ATC-105, by the Cooling Tower Institute, or other qualified independent third party testing agency. 99072 15410-1 D. Air Inlet Louvers: Inlet louvers shall be wave formed, fiberglass -reinforced polyester (FRP) l I_ spaced to minimize air resistance and prevent water splash -out. E. Water Distribution System: Hot water distribution basins shall be the open gravity type. Basin weirs and plastic metering orifices shall be provided to assure even distribution of water over the wet deck surface. F. Wet Deck Surface and Drift Eliminators: The wet deck surface and integral drift eliminators shall be formed from polyvinyl chloride (PVC), shall be impervious to rot, decay, and fungus or biological attacks. The surface shall be manufactured and performance tested by the cooling tower manufacturer to provide single source responsibility and assure control of the final product. G. Mechanical Equipment: 1. Fans shall be heavy duty, axial flow, with aluminum alloy blades. It shall discharge through a fan cylinder designed for streamlined air entry and minimum tip clearance for maximum fan efficiency. s 2. Fan and shaft shall be supported by heavy-duty, self -aligning, grease packed ball bearings with moisture -proof seals and integral slinger rings. All bearings shall be designed for minimum L10 life of 40,000 hours. 3. Fan shall be driven by a one-piece multi -groove, neoprene/polyester belt designed specifically for cooling tower service. 4. Fan sheave shall be cast aluminum and motor sheave shall be protected from moist discharge air by a vented enclosure. 5. Fan motor shall be totally enclosed, air over (TEAO), reversible, squirrel cage, ball bearing type, designed specifically for cooling tower service. Motor shall be furnished with special moisture protection on windings, shafts and bearings. H. Access and Safety: A hinged access door shall be provided for access to eliminators and fan plenum section. A heavy gauge, hot -dip galvanized wire fan guard shall be provided over each fan cylinder. I. Unit Size: Dimensions and weights shall be compatible with the existing support structure. Submit manufacturer's recommended supported arrangement to demonstrate compatibility. U11 J. Stainless Steel Cold Water Basin: The cold water basin shall be made of Type 304 Stainless Steel. All other steel panels and structural elements shall be made from heavy gauge G235 galvanized steel, with edges given a protective coat of zinc -rich compound. The casing panels and air inlets louvers shall be made from non -corroding Fiberglass -Reinforced Polyester (FRP). K. Vibration Cutout Switch: Furnished by manufacturer, mounted on structure to open fan circuit upon sensing expressive vibration. L. Pan Freeze Protection: Provide electric immersion heaters, factory installed in sump to prevent freezing, with thermostat and low water control. ; M. Bypass Connection: Provide bypass connection in the cold water basin for Tower #3. N. Warranty: Provide one-year parts warranty from date of start-up with an extended 4-year parts warranty for fan, fan shaft, bearings and motor. t-1 O. Base Bid Tower Schedule: MARK GPM CW RETURN OF. CW SUPPLY OF. ENTERING AIR WB OF. EXAMPLE BAC # } CT-1 1566 90 80 74 33707 CT-2 1566 90 80 74 33707 CT-3 633 90 80 74 33269 99072 15410-2 1 H P. Alternate Bid Tower Schedule: MARK GPM CW RETURN OF. CW SUPPLY OF. ENTERING AIR WB OF. EXAMPLE BAC # CT-1 1566 90 80 72 33568 CT-2 1566 90 80 72 33568 CT-3 633 90 80 72 33235 END OF SECTION 99072 15410-3 SECTION 15511 —TEMPERATURE REGULATION PART 1 - GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements and Supplemental Conditions. 1.02 SUBMITTALS A. Submit manufacturer's data on all materials and equipment. Include system schematics indicating all devices, pneumatic piping, electrical wiring and sequence of operation. Sequence of operation shall reference each component device by designation used on schematics. 1.03 SCOPE A. This Contractor shall include in his bid an amount necessary to cover a complete system of automatic temperature regulating equipment. It is intended that the system be electric in its operation except for certain sensing functions, remote starting and stopping provisions, resetting arrangements, and alarm indications which can best be performed by electronic instruments. It shall include all master and submaster thermostats, valves, dampers, and operators, amplifiers, switches, relays, multiplexers, cabinets, etc. required to make it complete in full accordance with the intent of the plans and the following description. B. The wiring for all the remote temperature indicating, motor control, control setpoint and adjustment and alarm devices shall originate in a terminal board and extend to and connect to all multiplexers, relays, thermocouples, and similar devices. The wiring shall be performed by the Contractor under Division 15 in accordance with diagrams on the plans, as specified herein and as indicated on the drawings which this Contractor shall provide. C. The temperature regulation equipment shall be installed and adjusted to secure the sequences described hereinafter. The materials and equipment described herein shall be sufficient to any of the remote devices of reference elsewhere herein, but shall be arranged as required to operate in conjunction with those remote devices. D. The Contractor shall furnish and install all automatic dampers, and all automatic valves. The Contractor shall furnish, install, and adjust all damper and valve operators and all other switches, relays, etc. comprising the temperature regulation system. Temperature regulation specified herein is based on Johnson Service Co., Honeywell, or Powers Regulator. PART 2 - PRODUCTS 2.01 CONTROL VALVES, WATER A. All modulating straight -through water valves shall be provided with equal -percentage contoured throttling plugs. All three-way valves shall be provided with linear throttling plugs such that the total flow through the valve shall remain constant regardless of the valve's position. B. Valves 3" and smaller shall be screwed type, valves 4" and larger shall be flanged. Valves shall be factory -rated to withstand the pressures encountered. Valves shall have stainless -steel stems and spring -loaded teflon packing. C. Water valves shall be sized for a pressure drop equal to the coil they serve but not to exceed 5 psi. Valves shall have replaceable seats and discs. 99072 15511-1 PART 3 - EXECUTION 3.01 ELECTRICAL INTERLOCKS A. All electrical interlocks shall be provided as specified. B. All electrical interlocks shall be made by means of motor starters or shall be accomplished by separate relays. No motor power lead shall be utilized in an interlock circuit. All interlocked starters with disconnect switches shall be provided with auxiliary contacts on the disconnect switch so that interlocking circuits are interrupted when the disconnect switch in thrown to the OFF position. C. This contractor shall submit wiring diagrams for his equipment which when approved will become installation drawings. These diagrams shall show all interlock circuits and shall relate such diagrams of internal wiring of equipment items as are furnished by the manufacturers of that equipment of the system as a whole. 3.02 SEQUENCE OF OPERATION A. This Contractor shall design and install the temperature regulation system using components as hereinbefore described to effect the performance functions described hereinafter. Considerable latitude is permitted in the arrangement and selection of components. However, the sequences described must be achieved automatically, within the tolerance specified, without manual manipulation, and any modification to the submitted design required to achieve this result shall be done at no change in the contract price. 3.03 COOLING TOWER A. Provide an electric immersion thermostat sensing sump temperature which on a drop in temperature to approximately 40 degrees F (adjustable) shall energize the auxiliary sump heater. 3.04 CONDENSER WATER TEMPERATURE CONTROL A. The condenser water shall be controlled by a thermostat in the line from the tower. The temperature shall be controlled by sequencing the two speed tower fan to low speed, then off, then modulating the tower bypass valve to dump to the sump of the tower. Thermostat shall be set at 65 degrees. END OF SECTION 99072 15511-2 SECTION 16010 - RACEWAYS AND FITTINGS PART 1 - GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS A. Submit manufacturer's data on all materials. 1.03 SCOPE A. The work shall include furnishing and installing all rigid steel and flexible metallic conduit, intermediate metallic conduit, electrical metallic tubing, polyvinyl chloride conduit, wireways, pull and junction boxes and outlet boxes, together with all supporting devices and other accessories required. PART 2 - PRODUCTS 2.01 CONDUITS A. Underground Plastic Conduit: Type 40, heavy wall, high impact rigid virgin polyvinyl chloride (PVC) conduit and fittings, conforming to NEMA Publications TC2 and TC3 and UL listed for direct burial use; Carlon or equivalent. B. 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 or Allied. C. Electrical Metallic Tubing (EMT): Steel tubing, galvanized outside and provided with a slick corrosion resistant interior coating; UL listed and labeled according to Standard 797; conforming to ANSI Standard C80.3; Pittsburg, Republic Steel, Robroy or Allied. D. Flexible Metal Conduit: Spirally wound with hot dip galvanized steel strips (commercial Greenfield); conforming to UL Standard UL 1 and UL listed and labeled; Triangle Conduit and Cable Company, or equivalent. E. Liquidtight Flexible Metal Conduit: Spirally wound, galvanized steel strips, as for flexible metal conduit; with polyvinyl chloride cover extruded over the exterior to make conduit Liquidtight; UL listed; Electri-flex type "LA" or equivalent. 2.02 CONDUIT FITTINGS A. Couplings and Terminations for Rigid Steel Conduit: Factory made steel threaded couplings; bushing at all boxes and cabinets, with locknuts inside and outside box or cabinet. B. Couplings and Terminations for Electrical Metallic Tubing: Join lengths of EMT with steel compression couplings. Attach EMT to boxes or cabinets with steel compression -type box connectors having an insulated throat with locknuts. Where grounding bushings are required at terminations, they shall be T & B Series 3802, or equivalent. Set screw type connectors or indent connectors will not be allowed. C. Couplings and Terminations for Flexible Metal Conduit: T & B 440 Series couplings at connections between flexible and rigid conduit; T & B 3110 or 3130 Series nylon insulated throat, steel connectors at box or cabinet terminations. 99072 16010-1 l D. Couplings and Terminations for Liquidtight Flexible Metal Conduit: T & B 5271 Series adapters at connections between flexible and rigid conduit; T & B 5331 Series nylon insulated throat, steel connectors at box or cabinet terminations. 2.03 PULL BOXES AND JUNCTION BOXES A. 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 panelboard cabinets with covers of same gauge as boxes, secured with corrosion resistant bolts or screws. PART 3 - EXECUTION 3.01 EXCAVATION A. Perform all excavation work required in connection with the installation of the work under this Division. After the electrical work has been installed, tested and approved, backfill all excavations with suitable material under the direction of the Architect. Include the cutting of 3 all sidewalks, streets and other pavement and repairing the openings in them to return to the surface to approximately its original condition. B. Perform all excavations of every description of whatever substances encountered and to the depths required for installation of the work under this Division. C. During excavation, stack material suitable for backfilling in an orderly manner a sufficient distance from the banks of the trenches to prevent slides or cave-ins. Remove all excavated material not required or suitable for backfill, or waste as directed. Control grading to prevent surface water from flowing into excavations and remove any water accumulating therein by pumping. D. Use open cut grading and make trenches of the necessary width for proper installation of the lines with banks as nearly vertical as possible. E. Grade the bottom of trenches accurately to provide uniform bearing and support for conduit - or duct on undisturbed soil at every point along its entire length. F. Except at locations where excavation of rock from the bottoms of trenches is required, take care not to excavate below the depths required. Where rock excavation is required, remove the rock to a minimum overdepth of 4 inches below the trench depths specified. Backfill the overdepth rock excavation and all excess trench excavation to the proper level with 3/4 inch crushed rock or the equivalent in coarse gravel prior to the installation of conduit or ducts. Whenever wet or otherwise unstable soil that is incapable of properly supporting conduits or ducts is encountered in the trench bottom, remove such soil to a depth required and backfill , the trench to trench bottom grade with 3/4 inch crushed rock or coarse gravel or other suitable material. 3.02 BACKFILLING A. Carefully backfill trenches with earth, sandy clay, sand and gravel, soft shale or other approved material free from large clods of earth or stone, deposited in thoroughly and carefully rammed 6-inch layers. Do not use blasted rock, broken concrete or pavement, or large boulders as backfilling material. Settling the backfill with water will be permissible I and will be a requirement when so directed. Re -open any trenches improperly filled or where settlement occurs to the depth required for proper compaction, then refill, mound over and smooth off. 99072 16010-2 B. Backfill open trenches across roadways or other areas to be paved as specified above except that the entire depth of trench shall be backfilled in 6-inch layers, each layer moistened and compacted to a density of not less than 95% Standard Proctor in such manner as to permit the rolling and compaction of the filled trench together with the adjoining earth to provide the required bearing value and permit paving of the area immediately after backfilling is completed. Along all other portions of the trenches, grade the ground to a reasonable uniformity and leave the mounding over the trenches in a uniform and neat condition. 3.03 INSTALLATION OF UNDERGROUND PLASTIC CONDUIT A. Install at least 30 inches below finished grade unless noted to the contrary. Assemble and install raceways in accordance with manufacturer's instructions. Make joints with couplings and solvent cement. Fabricate bends of 30 degrees or more with factory -made elbows, or make field bends with proper heating equipment. Bends showing signs of overheating or flattening are unacceptable. Ream ends of all conduit before joining. B. "Snake" plastic conduit in trench, from side to side, with a complete cycle every 40 feet to allow for expansion and contraction. Maintain this configuration during backfilling. C. Where conduit turns up out of earth, or floor slabs, change from plastic to rigid galvanized steel conduit below grade and outside of such structures. Do not extend any plastic conduit above grade. Make similar change from plastic to rigid galvanized steel conduit at connections to underground pull or junction boxes. Wrap all steel conduits and fittings buried in earth as specified elsewhere herein, or use PVC coated steel conduits. 3.04 INSTALLATION OF UNDERGROUND STEEL CONDUIT A. All steel conduit in earth shall be rigid galvanized steel conduit. Wrap such conduit with 3M Company 0.020 inch thick No. 51 "scotchrap" vinyl plastic tape, half lapped to give a double thickness wrap. Remove all oil, grease and dirt from conduit with a suitable solvent, and clean and dry conduit before wrapping. If conduit is pre -wrapped in the shop and then cut and joined on the job, wrap all joints on the job, overlapping pipe wrapping 3" on both sides of joints. 3.05 INSTALLATION OF BUILDING RACEWAYS A. 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. All exposed runs shall be installed parallel to the surface of the building in a neat and orderly manner. B. Types: All conduits installed in wet or damp locations, or on roofs shall be rigid galvanized steel conduits. Above grade interior conduits shall be rigid galvanized steel conduit, intermediate metal conduits or electrical metallic tubing. Conduits installed below grade in slabs or buried in earth shall be PVC or rigid galvanized steel. C. Sizes: Size and install raceways so that conductors may be drawn in without injury or excessive strain. Make field bends with approved bending devices. Do not install bends or offsets in which conduit is crushed, deformed or otherwise injured. D. Connections: Use lengths of flexible metal conduit, not less than 12" long at final connections to all motors, generators, controls and other devices subject to movement because of vibration or mechanical adjustment. Use flexible metal conduit also at connections to recessed lighting fixtures, and elsewhere as required. In damp or wet locations, and where installed outdoors, use liquidtight flexible metal conduit. 99072 16010-3 E. Around Heat Producing Equipment: Do not install raceways within 3" of steam and hot water pipes, breeching and flues, except where crossings are unavoidable, and then keep raceways at least 1" 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. F. 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. G. Different Systems: In systems operating at more than 300 volts between phase conductors, where different phase conductors are to be run to a common gang wall switch box, install a separate conduit for each different phase wire and its return switch leg, and provide substantial barriers between adjacent switches in the box so that two different phase wires will not be the same compartment. H. 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 locknuts, 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. I. Protection of Raceways: Seal ends of all raceways with blank discs ("pennies"), push pennies or other approved closers during construction. Do not pull any conductors into raceways until all plastering in the vicinity is completed. Swab out all raceways before pulling in conductors. J. Penetrations: Wherever raceways pass through floors, walls partitions, etc., carefully fill 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 installed to meet requirements of the U.L. Fire Resistance Directory. 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" and larger on Kindorf No. 150 or Steel City No. C-149 hangers. Use no perforated strap iron as hanger material. Where conduits smaller than 1-1/4" 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. Where conduits smaller than 1-1/4" 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. 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. D. Multiple Conduits: Where multiple raceways are run horizontally at the same elevations, they may be supported on trapezes formed of sections of Unistrut angle iron or channels suspended on rods or pipes. Size trapeze members including the suspension rods for the r! 99072 16010-4 �j number size and loaded weight of the conduits they are to support. Space them as required for the smallest conduit supported. 3.07 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. END OF SECTION t 99072 16010-5 SECTION 16110 - CONDUCTORS PART 1 - GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS A. Submit manufacturer's data on all materials. 1.03 SCOPE A. The work shall include the furnishing of all conductors, together with all splices, connections, identification, bundling, etc., including pulling devices. PART 2 - 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; Okonite, Triangle, United Copper Industries, Anaconda or Simplex. No. 8 and larger shall be stranded; No. 10 and smaller shall be solid. B . Insulation: Branch circuits shall have type THHN/THWN insulation unless the type is specifically designated or specified. Service feeders shall be type THHN/THWN. Feeder circuits shall be Type THHN/THWN. _ C. Circuits Subjected to High Temperatures: Type THHN/THWN conductors 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. 2.02 JOINTS AND SPLICES A. Stranded Copper Conductors: UL approved solderless bolted pressure connectors or Thomas and Betts Series 54000 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 of "Scotchlok", Ideal or T & B "Piggy" make. All connectors shall be of proper sizes to match conductor sizes. Split bolt connectors are not acceptable. 2.03 COLOR CODING A. Phase conductors shall be black, red and blue for phases, A, B, and C respectively in the 208 volt system. B. Neutral conductors shall be white. Grounding conductors shall be green. Phase conductors shall be yellow, brown and orange for phases A, B, and C respectively in the 480 volt system. C. Neutral conductors shall be white. Grounding conductors shall be green. 99072 16110-1 PART 3 - EXECUTION 3.01 WIRE PULLING A. Wire Pulling: 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. All conductors to be installed in a single conduit shall be pulled in together. Pull no conductors into conduits until all work of a nature which may cause injury to conductors is completed. Use an Underwriters' listed cable pulling compound where necessary. B. Cable Lubricants: 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. C. 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 ample exposed length at each end. 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. 3.02 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER) A. 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. B. 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. C. Sizes: No wire shall be smaller than No. 12 except for signal or control circuits, and except for individual lighting fixture taps as permitted by the National Electrical Code. D. Receptacle and Motor Branch Circuits: No. 12 conductors unless noted or scheduled otherwise. E. Home runs on 120 volt, 20 ampere Lighting Branch Circuits: Where length of run from panelboard to first lighting outlet exceeds 75 feet use No. 10 conductors; otherwise use No. 12 conductors. 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 Okonite rubber tape, and Manson friction tape to make the insulation of the joint or splice equal to that of the conductor. In lieu of this, 3M Company's "Scotch" No. 33 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 "Scotchfil" insulating putty. G. Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. H. Identifying Tags: Non-ferrous; stamped to clearly identify each circuit. Securely fasten tags to all cables, feeders and power circuits in pull boxes, lighting, power and distribution panelboards, etc. 99072 16110-2 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. END OF SECTION 99072 16110-3 SECTION 16211 - GROUNDING PART 1 - GENERAL 1.01 NOTE A. Conform with applicable provisions of the General Conditions, Special Conditions, General Requirements, and Supplemental Conditions. 1.02 SUBMITTALS A. Submit manufacturer's data on all products. I9119�*V_1190 A. Furnish and install the various grounding systems outlined herein in accordance with the National Electrical Code. PART 2-PRODUCTS 2.01 Products for grounding systems are specified elsewhere herein. PART 3 - EXECUTION 3.01 GROUNDING RACEWAYS A. 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. B. 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 250-95. 3.02 EQUIPMENT GROUNDING CONDUCTORS A. 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 250-95. END OF SECTION 99072 16211-1 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12'h day of October, 2000 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 First Service A/C Contractors Inc of the City of Midland, County of Midland 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 #00-200 - LUBBOCK MEMORIAL CIVIC CENTER COOLING TOWER REPLACEMENT - $128,313.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement ira-Lacl(, Lubbock County, Texas in the year and day first above written. � 1 ATTEST: Corporate Secretary SEALCT c; BBOCK, By: ✓r IL MAYOR CONTRACTOR: _r; K54- 5e?-v 1 «. Al c Ca„ +tact als Snc By: l/ PRINTED NAME: N QC��t1pOCJ TITLE: � on-5 AI Qaa e-Q. COMPLETE ADDRESS: First Service A/C Contractors, Inc. 3009 Garden City Highway Midland, Texas 79701