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HomeMy WebLinkAboutResolution - 4817 - Contract - Anthony Mechanical Inc - Mae Simmons/Rogers HVAC Renovations - 04/27/1995Resolution No. 4817 April 27, 1995 Item #20 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 and all related documents by and between the City of Lubbock and Anthony Mechanical, Inc., of Lubbock, to furnish all materials and services as bid for the Mae Simmons/Rogers HVAC Renovations for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: Betty M. Johnson, Oty Secretary APPROVED AS TO CONTENT: Victor Kilm4 Purchasing Manager APPROVED AS TO 1)6nald G. Vandiver, First Assistant City Attorney Apkwocslmaesimon.res April 19, 1995 43/ 7 CITY OF LUBBOCK SPECIFICATIONS FOR MAE SINIMONS/ROGERS HVAC RENOVATIONS BID #13218 f «-'f o. , y N CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: MAE SBWONS/ROGERS HVAC RENOVATIONS ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13218 PROJECT NUMBER: 9048.9246 TRACT PREPARED BY: PURCHASING DEPARTMENT INDEX NOTICE TO BIDDERS GENERAL. INSTRUCTIONS TO BIDDERS BID PROPOSAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITIONS NOTICE OF ACCEPTANCE NOTICE TO BIDDERS � I � I NOTICE TO BIDDERS BID #13218 Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 4th day of April, 1995, or as changed by the issuance of formal addenda to all planholders, to furnish all tabor and materials and perform all work for the construction of the following described project: "MAE SIMIVIONS/ROGERS HVAC RENOVATIONS" After the expiration of the time and date above first written, said scaled bids will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of 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 27th day of April, 1995, 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 and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or suNrior, as the rating of the bond company is a factor that will be considered in determination of the lowest reponsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. _ Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, 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 0 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. fl 1 1 CJ 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. There will be a pre-bid conference on 28th day of March, 1995, at 10:00 o'clock a.m., in the Purchasing Conference Room L04, 1625 13th Street, Lubbock, Texas. 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 Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room. L-04 at least 48 hours in advance of the meeting. CI ZLK RON S SENIOR BUYER 1 1 lJ I u 1 1 1 1 ADVERTISEMENT FOR BIDS IBID #13218 Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m, on the 4th day of April, 1995, 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: "MAE SIMMONSIROGERS HVAC RENOVATIONS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159x, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business er►terprises 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. There will be a prebid conference on the 28th day of March, 1995, at 10.00 am., in the Purchasing Conference Room L04, 1625 13th Street, Lubbock, Texas. 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 Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting. C NNOF BOCK i R S SENIOR BUYE F� J [I 1 1 1 1 1 L� 1 1 1 1 1 r GENERAL INSTRUCTIONS TO BIDDERS 4. S. 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 MAE SIMMONSIROGERS RVAC RENOVATIONS. 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. 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. TME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (Sixty) 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. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 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 sufficicntly 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. 8. 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). PLANS FOR THE CONTRACTOR The contractor will be Punished 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. 10. 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 proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the 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. 13. 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. 14. EXPLOSIVES The use of explosives "I 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. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the 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 tcn (14) 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 insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND 'WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations 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. 1 (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 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 cvent, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or 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. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals 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. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, 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 proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: I (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract. Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. � I � I � I � I U] � I 1 t J 1 1 BID PROPOSAL fl 1 BID PROPOSAL LUMP SUM PROPOSAL CONTRACT PLACE: M 24; lr-e, � DATE: 42vi:? � PROJECT NUMBER: Bid #13218-MAE SEVIMONSIROGERS HVAC RENOVATIONS Proposal of IN To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) L (hereinafter called Bidder) Gentlemen: I 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 proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, 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: SER TO"I �s(s ALTERNATE #1 HVAC RENOVATIONS AT MAE SIIv AONS COMMUNITY CENTER W SER TOTAL ALTERNA (Amount shall be shown in both wards and figures. In case of discrepancy, the amount shown lards 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 60 (Sirty) 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 5100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in 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 cheduled 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 efore the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in .he contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified heck issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of ae contract to him. Enclosed with this proposal is a Cashier's Check or CerAod Check for Ulars (5 ) or a Proposal Bond in the sum of Dollars ihich it is agreed shall be collected and retained by the Owner as liquidat damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with tate Owner within :n (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be .turned 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 lade available to him for his inspection in accordance with the Notice to Bidders. Kcal if Bidder is a Corporation) ATTEST: S etary The D Camparues FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. BOX 1227 BALTIMORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we,----ANT]EIO Y__MECHARIEAL..-_IN1-A__------__------ (Here insert the name and address or legal title of the Contractor) 1 ---_ _- -- - - ---------------- - ----------------------------------------------------------------------------------------------------------- -----------------------------------_----_------------------_------------------_-_------------ as Principal, (hereinafter called the "Principal"), and -COLONIAL AMERICAN_ _CASUALTY AND SURETY COMP'S Maryland, corporation y g and_ _ _ of Baltimore Ma land, a co oration dul organized —(Here insert the name of the Surety) under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety") are held and firmly bound unto --------------------CITY OF LUBBOCK_ - _- (Here insert the name and address or legal title of the Owner) t------------------------------------------------------------------------------------------------------------------------------------------------------ as ----------- ------------------------------------ --- as Obligee, (hereinafter called the "Obligee"), in the sum of_FIVE PERCENT OF THE GREATEST -AMOUNT BID ----------Dollars ( $ ~_--5'--- -- -- ---- for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ' WHEREAS, the Principal has submitted a bid for==MA__IIQII51}341�ES_IIYAS__REl•IQy,P,T�QI____—_-_____ ---------------------------------------------3-U-1132-18----------- ------ -------------------------------- ------� NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt ' payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this------- - — 4TH --- --------------------------day of - - APRIL -----------------------------A.D., 19-95 1 __ANTHONY_ MECH,ANICAL,_-INC � -------- SEAL) Princip ------------------------------------------------------------------------ Witness A Title ❑ FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1K] COLONIAL AMERICAN CASUALTY AND S�jRET C PANY S r� L �Q � , - +"� `" u Q Q J -1 --------_La---- ------------- B --- - ---(SEAL) Witness KEVIN J. DUNN, - -Title rrxl- 11-91235077 Conformto Amerimn lns[im[c of Architects bacumem A-310, ATTORNEY-IN-FACT February 1970 Edition. The FIDELITY AND DEPOSIT COMPANY OF MARYLAND e COLONIAL AMERICAN CASUALTY AND SURETY COMPANY y Comparties HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR, , Vice -President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoint Howard Cowan and Kevin J. Dunn, both of Lubbock, Texas, EACH............. ...... 'tbetrue and lawfulagent and Attorney-in-Fact of each, to make, e, seal er, for, and on its behalf as surety,. and as its act and deed: any and all bonds and unde ings.. PT bonds on behalf of Independent Executors, Community Surv' and pity Guardians......... And e execution of such bonds or undertakings in purs these pr s shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had my exec d acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimo " in thei proper persons. This power of attorney revokes that issued on behalf e Z) ward n, etal, dated February 18, 1991. IN WITNESS WHEREoF, the said Vice -Pres g and Ass' secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELtrjf�" DEPOSIT NY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this - - - — - - - ----------- - --- f day o-- ------------------ --------A.D. I9.9.2 ATTEST: FI AND DEPOSIT COMPANY 0 MAR ND SEitiL— - --w---- - -;' "` `'-`----------- By----------------------- - --- - - --f----------------------- As ' ecretaryy Vi -President ' COLONIAL AMERICAN CASUALTY AND S TY MPANY l;3EA1 - -- -- `�---".-- By------------------ ----------------- "�!' Assistant Secretary V •e-President --.-,. STATE OF MARYLAND f CITY OF BALTIMORE y SS: On this I St day of January , A.D. 1992 , before the subscriber, a Notary Public of the State of Maryland, in and ' for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official- �io e st above written. ----- - ---- - - --------- ---------------- 'orae Public Carol J. Fader My commission expires ---- Aug1Ls-t --- 1_►___1_992---------------- CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 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 Vice-Presidents who executed the said Power of Attorney were Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July. 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF. 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ---41H----._day of --------- APRIL ------- ---------------- 19--95 — - - - -- ---------------- 168-504$ Assistant Secretan LIST OF SUBCONTRACTORS Minority Owned Yes No Fj 1 r] i PAYMENT BOND BOND CHECK BEST RATING LICENSED I TEXAS ~..._. DATE eY � I L P -- 1 Z,�71d! 71,. STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, thaW lllL (hereinafter called the Principal(s), as Principal(s), and Colonial Ame9can C^.lay and Surody Company (hereinafter called the Surety(s), as SuretyW,-are+eld-md•firmIy bound-unt&the Giftof Lubbock (hereinafter called the Obligee), in the amount o _ o a. —Rollers ($` ' wful money of the United States for the payment whereof, he 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 c day of , 191�' to 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 Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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 ' day of Colonial American C=ualty and Surety Company Surety; Principal *: itle) HOV A—R' D COWAN (Title) � ATTY i N FACT By: (Title) By: critic) Nt The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HCWAR D COWANn 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. CrInnlal AmAdean f'.nc1�_twnnr� Surety a ,•::,ter:. * By: — (Title) 'HOWARD Ct�W'A."l Approved as to form: City of Lubbock r By: ity Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 11 PERFORMANCE BOND BOND CHECK BEST RATING - iL LICENS i TEXAS DAT BY STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and ' Colonial Arrcr,,-, '"j and ;pure ,�y Company (hereinafter called the Surety(s), as Sure (s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount o .&,& ,,..AaujJqu.-e i,'(" j Dollars ($ ' ' QQ': c4 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 theeday of 191", to c li -# I �3 -- 4 o L- L 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 Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, 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. i IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this/d y of Gnlfln�31 � , '• r:-�� r , .. ,. ,', ",.�..p Ce•�r,;+.� (arR•cl�!t't/ � '� /' lJc-L'-Gid-�-L' tT Surety,, Principal (Title).01 HOWARD COWAN (Title) .ATTY IN FACT By. (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates HOWARD CO %6nt 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 of Lubbock r BY� ity Attorney Glw vaff .nn Ate-., ta.. __4 Surety *By itle) I�W �D COWA V A iTY 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. 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: 1 Should you have a dispute concerning your premium or about a claim you t should contact the agent or the company first. If the dispute is not resolved, you may contact the 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. The FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Companies HOME OFFICES; BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOw ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force l and effect on the date hereof, do hereby nominate, constituteandap t Howard wan and Kevin J. Dunn, both of Lubbock, Texas, EACH.. - . .. r tFie true and lawfillagent and Attorney -in -Fact of each, to make, e, seal er, for, and on its behalf as surety, and as its act and deed: any and all bonds and unde. Ings.. PT bonds on behalf of Independent Executors, Community Surviv.- and nity Guardians............ Allid e execution o suc Fonds or undertakings in pun�si� these pr shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had my execu acknowledged by the regularly elected officers of r the respective Companies at their offices in Baltimot`i;­ in the'n proper persons. This power of attorney revokes that issued on behalf 'jfo'ward etal, dated February 18, 1991. IN WITNESS WHEREOF, the said Vice-PrZ\and Ass' ecretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELrr EPOSIT C Z ANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this--------------------- ----•_----- 0� ----- day of -------------- -------- I4nual•-____________------ ---• A.D. 1932 ATTEST: AND DEPOSIT COMPANY MAR ----- — —`---------- By------- -------- - -- - - - --- r ----------------------- . Secretary Vi -President COLONIAL AMERICAN CASUALTY AND S lePresi ANY �--(--t-t.a► ? iEAL)9 B K, Assistant Secretary ents STATE OF MARYLAND r CITY OF BALTIMORE i SS: On this 1St day of January , A.D. 1992 , before the subscriber, a Notary Public of the State of Maryland, in and 7 ^ for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official o an e< above written. -- - - - --- - -- - ----- ------ ------------- Kau otary Public Carol J. Fader My commission expires ---- At AU9U&t___1_,__1,9_9Z ---------------- CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 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 Vice -Presidents who executed the said Power of Attorney were Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. ' This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed. '• IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ----- of --------- MAY -------------------------PO - - - - - - - - , -- - - --------------- 168 504$ Assistant Secrerar,y EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." 14 CERTIFICATE OF INSURANCE PRODUCER CERTIFICATE OF INSURANCE ISSUE DATE (MMIDDIYY) 5/10/95 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE f DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE s POLICIES BELOW. The InW st. G ouiO. Inc. 6 D st:a Drive. SLIite 550 "li-J.cnd, T'=::sus 79t'05 INSURED T rI I Ne�b�amu COMPANIES AFFORDING COVERAGE COMPANY LETTER !'f 1 a h 1 ct n d C o mm a i) =: COMPANY B LETTER r I- IT1= T`t FI- lld lrISLI-rarice Co. COMPANY C LETTER P'i_i Val InGeimn1t•v- COMPANY D LETTER—i1}g'h1afFd Ii,`_Lg anC:♦., C 0=IT}0Okm`,' COMPANY E LETTER r"I,-1en 1 x Assurance OoIT2nad' y COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDIYY) DATE (MMIDD/YY) A GENERAL LIABILITY S!F1�) 10 1 `!� i x' COMMERCIAL GENERAL LIABILITY CLAIMS MADE . OCCUR. OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ;A ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY OTHER i ON `.7 ,'+: ; ;9. —' EXCESS LIABILITY 2 00 0 ti If i $ PRODUCTS-COMPIOP AGG. $ '(:a(_)ijr) 0f_a X UMBRELLA FORM PERSONAL & ADV. INJURY q� OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION EACH OCCURRENCE AND ' $ EMPLOYERS' LIABILITY OTHER i ON `.7 ,'+: ; ;9. 9!25 GENERAL AGGREGATE $ 2 00 0 ti If i $ PRODUCTS-COMPIOP AGG. $ '(:a(_)ijr) 0f_a 'J '01 f95 PERSONAL & ADV. INJURY $ tr{:t±M}i}Cl C) EACH OCCURRENCE $ AGGREGATE $ FIRE DAMAGE (Any one fire) $ /0 i /94 n ;'( a 1 /9 5 MED. EXPENSE (Any one person) $ 5000 0 1,' 9 4 COMBINED SINGLE EACH ACCIDENT LIMIT a 500f_)00 BODILY INJURY $ $of-}I,1f 7 (Per person) DISEASE—EACH EMPLOYEE $ BODILY INJURY $ 7 7 /ria /94 ! 10 m (Per accident) DESCRIPTION OF OPERATIONSILOCATiONS/VEHICLESISPECIAL ITEMS RE: CITY OF LUBBOCK — BID #13218 — MAE SIMMONS/ROGERS HVAC RENOVATIONS ADDITIONAL INSURED IN FAVOR OF THE CITY OF LUBBOCK EXCEPT WORKERS COMPENSATION. CERTIFICATE HOLDER . CITY OF LUBBOCK P. 0. BOX 2000 LUBBOCK, TEXAS I J� A I ACORD 25 - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 79457 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON T OM ANY, ITSP ENTS O REPRESENTATIVES. AUTHORIZED REPRESENTATIVE OACORD CORPORATION 1990 PROPERTY DAMAGE $ tJr..eS_1i1=i:_}f,}O '��fi_3i r# [4 'J '01 f95 EACH OCCURRENCE $ 1-(_)(_a(,if-tf C) AGGREGATE $ 1�C22r of )4 /0 i /94 n ;'( a 1 /9 5 a STATUTORY LIMITS EACH ACCIDENT $ a 500f_)00 DISEASE—POLICY LIMIT $of-}I,1f 7 DISEASE—EACH EMPLOYEE $ 5fJLaf_af. 0 IE ;_.' I �.g !Fx..14J8 7 7 /ria /94 ! 10 m i (=3(_a f_ll 5f a TR'A G I T DESCRIPTION OF OPERATIONSILOCATiONS/VEHICLESISPECIAL ITEMS RE: CITY OF LUBBOCK — BID #13218 — MAE SIMMONS/ROGERS HVAC RENOVATIONS ADDITIONAL INSURED IN FAVOR OF THE CITY OF LUBBOCK EXCEPT WORKERS COMPENSATION. CERTIFICATE HOLDER . CITY OF LUBBOCK P. 0. BOX 2000 LUBBOCK, TEXAS I J� A I ACORD 25 - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 79457 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON T OM ANY, ITSP ENTS O REPRESENTATIVES. AUTHORIZED REPRESENTATIVE OACORD CORPORATION 1990 a Alall���� CERTIFICATE OF INSURANCE ISSUE DATE 5/ 10/95rvv) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE THE INWEST GROUP, INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 110 N. MARIENFELD ST., SUITE 330 POLICIES BELOW. MIDLAND, TEXAS 79701 COMPANIES AFFORDING COVERAGE COMPANY A LETTER HIGHLAND INSURANCE COMPANY COMPANY B INSURED LETTER ANTHONY MECHANICAL, INC. LETTER"Y C ANTHONY MECHANICAL SERVICES, INC. � P. 0. BOX 2706 COMPANY Q LETTER LUBBOCK, TEXAS 79408 COMPANY E LETTER (,COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (co TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDIYY) DATE (MMIDDIYY) A GENERAL LIABILITY GENERAL AGGREGATE $ 500000 COMMERCIAL GENERAL LIABILITY BOC200029 5/10/95 5/10/96 PRODUCTS-COMPIOPAGG. $ CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY $ X OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 500000 FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) j I GARAGE LIABILITY s PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND DISEASE—POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE—EACH EMPLOYEE $ OTHER NAMED INSURED: CITY OF LUBBOCK P. 0. BOX 2000 LUBBOCK, TEXAS 79453 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS RE: CITY OF LUBBOCK — BID #13218 — MAE SIMMONS/ROGERS HVAC RENOVATIONS CERTIFICATE HOLDER CANCELLATION CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE P. O. BOX 2000 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO LUBBOCK, TEXAS 79457 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMP SE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COI AN TS AGE T OR REARESENTATIVES. AUTHORIZED REPRESENTATIVE n fT /I —A ACORD 25-S (7/90) CACORD CORPORATION 1990 A CONTRACTOR SHALL: PC 1 im 1 CONTRACTOR CHECKLIST 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; provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; 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; 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 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: (1) (2) (3) (4) PC 1 im 1 CONTRACTOR CHECKLIST 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; provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; 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; 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 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: 1 1 1 1 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 5121440- 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; (S) 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 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 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 27th day of April, 1995, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and ANTHONY MECHANICAL. INC. of the City of Lubbock County of Lubbock, and the State of TEXAS, hereinafter termed CONTRACTOR- WITNESSETH: ONTRACTOR 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 #13218-MAE SIMMONSIROGERS HVAC RENOVATIONS - $47,700.00 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 proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have ex7:7 t in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: } Secre ROVED AT=NT: Owner'spresentative APPROVED AS TO FORM_ r i ttorney ■ ATTEST: r Corporate Secretary OF Un CONTRACTOR: " (Printed or Typed Name) TITLE: COMPLETE ADDRESS Anthony Mechanical, Inc. P.O. Box 2706 Lubbock, TX 79408 GENERAL CONDTTMONS OF THE AGREEMENT IGENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to GEORGE LISENBE BUILDING AND ENERGY MANAGEMENT ADMINISTRATOR City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract 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. a 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECTFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequcnees or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13, LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever 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 his 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 him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all eases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The 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 six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 1 e 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself 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 effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work, and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, 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 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 reasonable 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 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 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 Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. 22. 23 If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's 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 approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 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 any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's 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 fallowing 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 actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this 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 Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative, The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these 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 (151/o) of the actual field cost to be paid to Contractor shall cover and compensate him for his 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 he should receive compensation or an adjustment in the construction time, he shall 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). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. %I, 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, arc intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of50 0 000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. 1 a B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowncd Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $1,000,000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 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; 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: beginning the so the (a) a certificate of coverage, prior to that person work on project, 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 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 (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. I 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 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. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (S) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project, (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (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 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: REQUIRED WORgE.RS' 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 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 (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 language in subsection (c) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1994, 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., MATERIALWN, AND FURNISHERS OF MACHINERY, EOUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 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. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is 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 harmless from any loss on account thereof. if the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indenutify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' ' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, 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. ASSIGNMENT AND 5USLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $1100.00 (ONE "r HUNDRED) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change 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 of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 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 his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36, EXTENSION OF TRAE The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any pari of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 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 for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY IN The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. ■ I 40. PRICE FOR WORK In consideration of the finrnishing 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 Omer agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41, PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for 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; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43, FINAL COMPLETION AND ACCEPTANCE Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (3 1) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of r completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. IN 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR. WORK Contractor shall promptly remove from Owners' premises all materials condemners by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK .AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and 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 his Surety shall pay the amount of such excess to the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a 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. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be t held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's " Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner a who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,004.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 77 t 1 CURRENT WAGE DETERMINATIONS u 1 . 4 • , r i DGV:da RPCni IITTMI Resolution #2502 January 8, 1987 Agenda Item #18 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., 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; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: _ Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January TT E Ranett6,Boyd, City Secretary APPROVED TO ONTENT: Bi 1 P yne, D rector of Building Services I i B.C. McMINN, MAYOR , 1987. APPROVED AS TO FORM: Dorrald G. Vandiver, First Assistant City Attorney Craft EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/'Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified Hourly Rate $11.60 8.35 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 Craft EXHIBIT B Paving and Highway Construction Prevailing 'Nage Rates Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Fiagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator. Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 Craft EXHIBIT G Electric Construction Trades Prevailing Wage Rates Power Line Foreman Lineman Journeyman Lineman Apprentice Series Groundman Series EXHIBIT D Prevailing Wage Rates Overtime Rate Hourly Rate $11.00 10.45 8.90 7.25 The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is�l 1/2 times base rate. 11 P t SPECIFICATIONS i 1 1 1 1 1 SECTION 15000 - GENERAL PROVISIONS FOR MECHANICAL AND ELECTRICAL PART 1 - GENERAL 1.01 CHECKING DOCUMENTS: A. The drawings and the specifications are numbered consecutively. The Contractor shall check the drawings and specifications thoroughly and shall notify the Engineer of any discrepancies or omissions of sheets or pages. Upon notification, the Engineer will promptly provide the Contractor with any missing portions of the drawings or specifications. No discrepancies or omissions of sheets or pages of the contract documents will relieve the Contractor of his duty to provide all work required by the complete contract documents. 1.02 {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 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. 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 architectural and structural conditions, to provide proper grading of lines, to avoid all obstruction, to conform to details of installation supplied by the manufacturers of the equipment to be installed, and thereby to provide an integrated, satisfactorily operating installation. 15000- 1 W ow W G. The electrical plans show diagrammatically the locations of the various electrical rri apparatus and the method of circuiting and controlling them. Exact locations of these 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 Engineer. 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 Engineer shall be made i without any additional cost accruing to the Owner. 1. The Contractor shall submit working scale drawings of all his apparatus and equipment which in any way varies from these specifications and plans, which shall be checked by the Engineer before the work is started, and interferences with the structural conditions shall be corrected by the Contractor before the work proceeds. J. 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: i Lines requiring grade to function such as drain lines. 2. Large ducts and pipes with critical clearances. 4. Conduit and other lines whose routing is not critical and whose function would not be impaired by bends and offsets. K. Piping, ducts, and conduits serving outlets on items of equipment shall be run in the most appropriate manner. 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. L. Exceptions and inconsistencies in plans and specifications shall be brought to the Engineer's attention before the contract is signed. Otherwise, the Contractor shall be responsible for any and all changes and additions that may be necessary to accommodate his particular apparatus, material, or equipment. M. The Contractor shall distinctly understand that the work described herein and shown on W' 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. 1W N. 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" or "E" drawings, he shall notify the 0 ift 15000-2 M, im Engineer in sufficient time to clarify before bidding. If no notification is received, the Contractor is assumed to require no clarification, and shall install the work as indicated on the General Plans in accordance with the specifications. 1.03 DIMENSIONS: A. Before ordering any material or doing any work, the Contractor shall verify all dimensions, including elevations, and shall be responsible for the correctness of the same. No extra charge or compensation will be allowed on account of differences between actual dimensions and measurements indicated on the drawings. Any difference which may be found shall be submitted to the Engineer for consideration before proceeding with the work. 1.04 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. 1.05 ELECTRICAL WIRING: A. All electric wiring of every character, both for power supply, for temperature control, etc. will be done under Division 16 of these specifications. The Contractor for each section shall erect all his motors in place ready for connections. The Contractor, under Division 16, shall mount all the starters and controls, furnishing the supporting structures and any required outlet boxes. B. Every electrical current consuming device furnished as a part of this project, or furnished by the Owner and installed in this project, shall be completely wired up under Division 16. Verification of exact location, method of connection, number and size of wires required, voltage requirements, and phase requirements is the responsibility of the Contractor under Division 16. If conflicts occur between the drawings and the actual requirements, actual requirements shall govern. 1.06 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. 15000- 3 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. 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. 1.07 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 Engineer or Owner. 1.08 MANUFACTURER'S DIRECTIONS: A. All manufactured articles shall be applied, installed and handled as recommended by the manufacturer. 1.09 SUBSTITUTION OF MATERIAL: A. Where a definite material or only one manufacturer's name is mentioned in these specifications, it has been done in order to establish a standard. The product of the particular manufacturer mentioned is of satisfactory construction and any substitution must be of quality as good as or better than the named article. No substitution shall be made without review by the Engineer, who will be the sole judge of equality. B. The Contractor shall submit for approval a complete list of the materials he proposes to use. This list shall give manufacturers' names and designations corresponding to each and every item and the submission shall be accompanied by complete descriptive literature and/or any supplementary data, drawings, etc., necessary to give full and complete details. C. Should a substitution be accepted under the provisions of the conditions of these specifications, and should this substitute prove to be defective or otherwise unsatisfactory for the service for which it is intended within the guarantee period, the Contractor who originally requested the substitution shall replace the substitute material with the specified material. 1.10 SHOP DRAWINGS: A. Wherever shop drawings are called for in these specifications, they shall be furnished by the Contractor for the work involved after review by the Engineer as to the make and type of material and in sufficient time so that no delay or changes will be caused. This is done in order to facilitate progress on the job and failure on the part of the Contractor to comply shall render him liable to stand the expense of any and all delays, changes in 15000-4 t 1 t construction, etc., occasioned by his failure to provide the necessary details. Also, if the Contractor fails to comply with this provision, the Engineer reserves the right to go directly to the manufacturer he selects and secure any details he might deem necessary and should there be any charges in connection with this, they shall be borne by the Contractor. B. Shop drawings will be reviewed by the Engineer for general compliance with the design concept of the project and general compliance with the information given in the contract documents. Review by the Engineer and any action by the Engineer in marking shop drawings is subject to the requirements of the entire contract documents. Contractor will be held responsible for quantities, dimensions which shall be confirmed and correlated at the job site, fabrication processes and techniques of construction, coordination of all trades and the satisfactory performance of his work. C. Shop drawings submitted shall not consist of manufacturers' catalogues or tear sheets therefrom that contain no indication of the exact item offered. Rather, the submission of individual items shall designate the exact item offered and shall clearly identify the item with the project. D. All shop drawings shall be submitted at one time and shall consist of a bound catalogue of all shop drawings under each section, properly by specification section indexed and certified that they have been checked by the Contractor. E. The omissions of any material from the shop drawings which has been shown on the contract drawings or specified, even though reviewed by the Engineer, shall not relieve the Contractor from furnishing and erecting same. 1.11 PERMITS, FEE, ETC.: A. The Contractor under each section of these specifications shall arrange for a permit from the local authority. The Contractor shall pay for any inspection fees or other fees and charges required by ordinance, law, codes and these specifications. 1.12 LAWS, CODES AND ORDINANCES: A. All work shall be executed in strict accordance with all local, state and national codes, ordinances and regulations governing the particular class of work involved, as interpreted by the inspecting authority. The Contractor shall be responsible for the final execution of the work under this heading to suit those requirements. Where these specifications and the accompanying drawings conflict with these requirements, the Contractor shall report the matter to the Engineer, shall prepare any supplemental drawings required illustrating how the work may be installed so as to comply and, on approval, make the changes at no cost to the Owner. On completion of the various portions of the work the installation shall be tested by the constituted authorities, approved and, on completion of the work, the Contractor shall obtain and deliver to the Owner a final certificate of acceptance. 15000-5 1. 13 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. "Concealed" areas are those areas which cannot be seen by the building occupants frorn the floor with all building components in place. G. "Exposed" areas are all areas which are exposed to view by the building occupants, including mechanical rooms. H. In describing the various items of equipment, in general, each item will be described singularly, even though there may be a multiplicity of identical or similar items. 1.14 COOPERATION AND CLEANING UP: f 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 Engineer, clear any designated areas or area of materials and debris. On completion of any portion of the work, the Contractor shall remove from the premises all tools and machinery and all debris occasioned by the work, leaving the premises free of all obstructions and hindrances. 1.15 CUTTING AND PATCHING: OF A. The Contractor for work specified under each section shall perform all structural and general construction modifications and cut all openings through either roof, walls, floors or ceilings required to install all work specified under that section or to repair any defects that appear up to the expiration of the guarantee. The Contractor shall exercise due diligence to avoid cutting openings larger than required or in wrong locations. Verify the scope of this work at the site and in cooperation with all other trades before,,,, bidding. 15000-6 B. No cutting shall be done to any of the structural members that would tend to lessen their strength, unless specific permission is granted by the Engineer to do such cutting. C. The Contractor for work under each section shall be responsible for the patching of all openings cut to install the work covered by that section and to repair the damage resulting from the failure of any part of the work installed hereunder. D. Before bidding, the Contractor shall review and coordinate the cutting and patching required under the respective section with all trades. E. In all spaces where new work under Division 15 and 16 is installed and no other alteration or refinishing work is shown or called for, existing floors, walls and ceilings shall be restored to match existing conditions. All cutting and patching shall be done by workmen skilled in the affected trade. 1.16 PAINTING: A. Painting for Divisions 15 and 16 shall be as follows: 1. If the factory finish on any apparatus or equipment is marred, it shall be touched up and then given one coat of half -flat -half -enamel, followed by a coat of machinery enamel of a color to match the original. Paint factory primed surfaces. 1.17 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. 1.1 S SCHEDULE OF WORK: A. The Contractor shall program his work in such manner as to interfere as little as possible with the normal routine of the Owner. It must be understood that the Owner will continue to function throughout the construction period. All water and electrical facilities shall therefore be continued in operation with a minimum of interruption and the Contractor shall make any temporary connections necessary to comply with this requirement. 15000-7 1. 19 SALVAGE MATERIALS: A. All presently installed materials including pipes, valves, fittings, fixtures, ducts, conduits, wires, wiring devices, etc. that are not to be reused shall be removed by the Contractor under the section in which the particular items normally fall whenever they can be taken out of service. When the work is complete, there shall be no "dead" lines left installed in any portion of the area being remodeled, which shall include any temporary connections. All materials shall become the property of the contractor and will be removed from the site. 1.20 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. 1.21 OPERATING MANUALS: A. Prepare and submit 3 copies of the operating manuals bound in hard covers. Three weeks prior to completion of the work, the Engineer will check the manuals and any additional material necessary to complete the manuals shall be furnished and inserted by the Contractor. B. Manuals shall contain the following data: 1. Catalogue data of all equipment. 2. Shop drawings of all equipment. 3. Wiring diagrams. 4. Recommended maintenance schedule for equipment. 5. Parts list for all items. b. Name and address of each vendor. 1.22 GUARANTEE: A. Unless a longer guarantee is hereinafter called for, all work, material and equipment items shall be guaranteed for a period of one year after acceptance by the Owner. All defects in labor and materials occurring during this period, as determined by the Engineer, shall be repaired and/or replaced to the complete satisfaction of the Engineer. Guarantee shall be in writing and in triplicate. 1.23 COMPLETION REQUIREMENTS: A. Before acceptance and inial payment the Contractor under each Division of the specifications shall furnish: 1. Accurate record drawings, shown in red ink on blue line prints furnished for that purpose all changes from the original plans made during installation of the work. Drawings shall be filed with the Engineer when the work is completed. 15000-8 W W- s V_ .01 I& 2. All manufacturers' guarantees. 3. All operating manuals. 4. Guarantees. 5. Test and Balance Report. 1.24 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 15200- 1 SECTION 15200 - PIPING AND ACCESSORIES PART 1 - GENERAL OW 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. OF 1.03 SCOPE: t A. This section of the specifications pertains to all labor, materials, equipment and service W 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. W 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. Copper Tubing ASTM B75-76 Wrought Copper Solder Fittings ANSI B16.22 Steel Pipe ASTM A120, A53, A106 ' Malleable Iron Threaded Fittings ANSI B16.3 C. Unions in Ferrous Lines: 150 pound malleable iron, screwed pattern, ground joint with brass to iron seat; equal to Crane. D. Unions in Copper or Brass Lines: 125 pound all brass, screwed pattern, bround joint, equal to Chase, Crane or Mueller. 15200- 1 1 2.02 VALVES: t 1 1 1 A. Gas Valves: Iron body, lubricated plug valves equal to Nordstrom Fig. 143 in sizes 2-112" and larger. Valves 2" and smaller equal to Crane No. 270 threaded gas stop. PART 3 - EXECUTION 3.01 INSTALLATION OF PIPING SYSTEMS: A. Install runs of piping essentially as indicated on the drawings and/or as required. The location, direction and size of the various lines are indicated on the drawings. B. Make up all systems straight and true and properly graded for correct flow of contained materials and to provide drainage. Cut pipes accurately to measurements established at the building and work into place without forcing or springing. Except as required for specified grading, run all piping above ground parallel with the lines of the building. C. Make all changes in pipe sizes with reducing fittings. Use no long screws or bushings. D. Install and support piping systems with loops, bends, expansion joints and/or flexible connectors as required for flexibility, to accommodate expansion and contraction of piping due to temperature changes in the contained fluids and in the surrounding space, and to minimize the transmission of vibration to the building structure. E. Provide unions in the lines assembled with screwed and soldered fittings, at points of connection to equipment, and elsewhere as indicated or required to permit proper connections to be made, or to permit valves, equipment items, etc. to be removed. Provide unions also in welded lines at connections to equipment where flanges are not provided. F. In general, use listed materials in fabricating the various piping systems. The method of assembly may be varied only to meet special conditions where it is impossible to comply with the specified method of joining piping. Where special classes of piping are involved and are not listed, request exact instructions as to the class of material involved and the method of fabricating it before ordering materials. 3.02 PITCH PANS: A. Small lines thru the roof shall be installed thru pitch pans. Pans shall be 18 gage galvanized, welded, 3" deep, 8" X 8" or larger, packed with lead wool and filled with pitch. 3.03 FABRICATION OF PIPE JOINTS: A. Threaded Pipes: Ream and deburr pipe after it is cut and before it is threaded. Stand each pipe on one end and hammer to remove all foreign material. Full cut threads, but not more than 3 pipe threads shall remain exposed when joint is completed. Make up joints with graphite and oil or an approved graphite compound applied to male threads only. Caulking of threaded joints to stop or prevent leaks is prohibited. 15200-2 0, B. Copper Tubing: Cut tubing square, ream and deburr. Clean insides of fittings and. outsides of tubing with sand cloth before assembly. Exercise care to prevent annealing of fittings and hard drawn tubing. Make all joints with high temperature solid string or wire solder, 95 % tin, 5 % antimony, using non -corrosive paste flux of the proper type for all copper tubing. Low temperature solder such as 50150 or 40/60 will not be permitted. 3.04 REPAIR OF LEAKS: W A. All leaks in piping systems shall be corrected as follows: N 1. Repair leaks in solder joints by remaking the joint; no soldering or brazing over existing joints will be permitted. 2. Repair leaks in screwed joints by tightening the joint; remake the joint if the tightening fails to stop the leak. B. When any defect is repaired, retest that section of the system. ■P 3.05 ALIGNMENT AND GRADES: A. General: All pipe shall be laid and maintained to the required lines and grades with fittings, valves, at the required locations; and all valve stems plumb. All pipe shall be installed straight and true to line. 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 15200-3 SECTION 15210 - PLUMBING SYSTEMS PART 1 -GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE: A. This section of the specifications requires the furnishing and installation of all equipment, labor, materials, transportation, tools and appliances and in performing all operations in connection with the installation of the plumbing systems. B. Gas Lines: Schedule 40 black steel with 150 lb. banded malleable iron fittings for pipe 2" and smaller. C. Condensate Drain Lines: Type L copper with solder joint fittings. PART 3 - EXECUTION 3.01 INSTALLATION OF PIPING SYSTEMS: A. Refer to PIPING AND ACCESSORIES for requirements for installing pipes. In addition, the following specifications shall apply. B. Drain Lines: Grade down toward the termination at a uniform slope of 1/4" per foot. C. Gas Lines: All gas piping shall run exposed unless specifically detailed otherwise on the drawings, with special venting provisions. D. A drip pocket shall be installed at connection to an item of equipment and at each low point of the gas distribution system. Grade all lines to drip pockets. Drip pockets shall consist of a nipple and cap screwed to the bottom of the drop. E. Provide a gas cock, union and gas pressure regulator at each connection to a gas consuming appliance. F. All gas piping on the roof shall be supported as detailed on the drawings. Spacing of supports shall be as specified under "Hangers and Supports". 15210- 1 3.02 TESTING: A. Test all pipes before they are concealed in furrings or chases insulated, painted, or otherwise covered up or rendered inaccessible. Accomplish testing by sections of lines or systems, as required by conditions during construction. Clean all piping and equipment before testing. B. Gas Lines: Test with 15 psig air pressure for 24 hours with no pressure drop (except for temperature correction). If any drop occurs, soap test all joints, correct leaks and retest. END OF SECTION 15210-2 iI SECTION 15320 - AIR DISTRIBUTION PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to work of this section. ' 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE: A. This section of the specifications comprises the furnishing of all labor, materials, transportation, tools and appliances and in performing all operations in connection with the installation of ductwork, linings, air distribution devices, curbs and other materials and accessories as described herein and/or as shown on the accompanying drawings, or reasonably implied therefrom. PART 2 - PRODUCTS 2.01 METAL DUCTWORK: A. Except as otherwise specified herein, in other sections of the specifications, and/or noted on the drawings, low pressure ducts shall be constructed of galvanized steel sheets in accordance with the recommended construction for low pressure ductwork insofar as gauges of metal to be used, bracing of joints and joint construction as established in HVAC DUCT CONSTRUCTION STANDARDS, First Edition, as published by Sheetmetal and Air Conditioning Contractors National Association, Inc. (SMACNA). B. Unless indicated otherwise, all duct shall be constructed in conformance with V w.g. pressure class. C. Make square elbows where shown or required, with factory -fabricated turning vanes. Make all other changes in direction with rounded elbows having a centerline radius equal to 1-112 times the width of the duct in the plane of the bend. 4, D. Make transformations in duct shape or dimension with gradual slopes on all sides. Make increases in dimensions in the direction of air flow, with a maximum slope of 1" in 7" on any side. Make decreases in dimensions in the direction of air flow preferably with a slope of 1" in 7" on any side, but with a maximum slope of 1" in 4" where conditions necessitate. E. Ducts shall be routed in conjunction with pipes, electrical conduits, ceiling hangers, etc. so as to avoid interferences insofar as possible. Where duct penetrations are unavoidable, provide streamline shaped sleeves around such material penetrations, made Y� �.., 15320- 1 airtight at duct surfaces, except that such sleeves are not required at tie rods. Where obstructions are of a size to exceed 10% of the duct area, the duct shall be transformed to maintain the same duct area. F. Transverse duct joints 36" and larger shall be made with The Ductmate System or an approved equal. The Ductmate System components shall be of standard catalogue manufacture as supplied by Ductmate Industries, Inc. G. The installation of The Ductmate System shall be in accordance with the manufacturers printed instruction and installation manuals. H. The standard Ductmate 35 System joint is the equivalent of a SMACNA "J" connection. The Ductmate 25 System joint is the equivalent of a SMACNA "F connection. Construction of the duct, such as gauge, reinforcing, etc., shall be as indicated in the addendum to the SMACNA manuals as provided by the manufacturer and as tested by Pittsburgh Testing Laboratory. 2.02 DUCT LINER: A. All sheet metal supply and return duct shall be lined. B. The Iisted ducts shall be lined to a thickness of 1 " with Mansville "Linacoustic" mat faced duct liner, or equal duct liner coated with neoprene on one side. C. Duct liner shall have an average thermal conductivity of .26 btu-in./sq. ft. -degree F. at a mean temperature of 75 F. D. The duct liner shall be applied in accordance with the manufacturer's recommendations with the coated side away from the metal, using weld pins or adhesive Tuffbond and adhesive type metal clips, Gemco, or equal, of the type which do not protrude through the duct. The size of the ducts indicated are actual internal sizes and the sheet metal sizes shall be 2" greater in both dimensions to accommodate the lining. No voids are permitted. E. Use 100% adhesive coverage and clips at the rate as specified by SMACNA. 2.03 DUCT SEALER: A. All supply air ductwork shall be sealed to provide airtight construction. Metal surfaces to be joined shall be clean, dry and free of dirt or grease. Apply a heavy coat of Kingco Seal -Rite 18-120 to the interior metal surface of the slip joint, then interlock into place metal duct sections. Apply a heavy coat of 18-120 to the exterior metal surface duct joint, making sure any voids are filled to secure a continuous air pressure sealant. B. Allow sealant to dry a minimum of 48 hours before pressurizing system. C. Blue Glue or Hardcast will be considered equal. 15320-2 i2.04 AIR DISTRIBUTION DEVICES: A. Furnish and install all grilles, registers, and diffusers for every purpose. Refer to the tabulation on the drawings for types, sizes and accessories. B. All grilles, registers, and diffusers located in the ceiling shall be factory finished in OFF-WHITE. C. Air distribution devices as manufactured by Titus, Metal -Aire, or Krueger will be acceptable. 2.05 AIR CONTROL DEVICES. A. Manual dampers shall be installed as required to afford complete control of the air flow in the various duct systems. In rectangular supply ducts, a volume damper shall be installed at each point where a branch is taken off to achieve the final air balance. B. Volume dampers of the "butterfly" type shall be constructed of 22 gauge galvanized steel riveted or welded to square operating rods. Dampers shall have bearings of brass, bronze or approved plastic in most instances. Volume dampers of the butterfly type shall be used only in cases where neither dimension of the damper exceed 24". The metal used shall match that of duct system containing the damper in each case, Use special metals for damper rods and bearings as required to resist corrosion. C. In cases where either dimension of the smaller branch duct exceeds 24", volume dampers shall be of the opposed blade type with blades linked together and controlled from a single point. They shall be constructed of No. 16 gauge steel either galvanized or with a baked enamel finish. Dampers shall have brass, bronze or approved plastic sleeve bearings. Blades shall be not more than 12" in width and shall be opposed acting, and those for automatic dampers shall have neoprene blade edges and stainless steel jamb seals. Blades shall be mounted in suitable band or angle iron frames strongly braced to insure rigidity. D. Each volume damper, unless specified for automatic operation, shall be fitted with an adjusting device having a locking mechanism. Wherever the ducts are rendered inaccessible behind non -removable ceilings or furrings, or other construction that is not easily removable to permit access to the ducts, the devices shall be equal to Young Regulator Co. No. 896 concealed air split regulators. On exposed or easily accessible ducts the adjusting devices shall be equal to Young No. 1 or No. 900 and shall be fastened to the ducts. E. Damper rods and operators on insulated ducts shall have extended rods and stand off brackets. END OF SECTION 15320- 3 SECTION 15330 - HANGERS AND SUPPORTS PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE: A. The Contractor for the work covered by each section of the specifications shall furnish and install all hangers, supports and isolation required by pipe or equipment included in this work. PART 2 - PRODUCTS 2.01 MATERIALS: A. Materials shall be provided for the support of all piping and equipment. The following tabulation lists materials suitable for this duty. Equal materials manufactured by Fee and Mason, Carpenter -Patterson, Grinnell or Modern will be considered. MATERIAL SERVICE FEE AND MASON CAT. Hanger Copper Tubing 3" and smaller 361 copper plated Hanger Outside Insulation -all lines 239 Wall bracket All 150, 151, or 155 Pipe Clamps 2" and Smaller 304 Beam Clamps All 249, 254, 255, 282, 280 Adjuster All 2381 2.02 HANGER RODS: A. All individually suspended horizontal pipes shall be supported by steel rods sized as follows: Rod Diameter Size of Steel Pipe or Copper Tube Supported 318" 2-112" and smaller 15330- 1 2.03 HANGER SPACING: A. All hangers shall be so located as to properly support horizontal lines without appreciable sagging of these Iines. Locate a hanger within 12 inches of every elbow or tee. The following table gives minimum spacing for copper and steel lines. However, hangers shall be more closely spaced where necessitated by conditions or required by code. Size of Line Hanger Spacing in Feet 3/4" and smaller 5 1" through 1-1/2" 7 2" and larger 10 PART 3 - EXECUTION 3.01 DUCT HANGERS: A. All ductwork shall be supported in accordance with standards published by Sheet Metal and Air Conditioning Contractors National Association Inc. END OF SECTION 15330-2 SECTION 15400 - INSULATION PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data on all materials. 1.03 SCOPE: A. This section of the specifications 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 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 tooled. The Engineer 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. 3.03 INSULATION ON EQUIPMENT AND PIPING SYSTEMS: A. The following describes materials, thicknesses and finishes for insulation and coverings B. Condensate Drain Lines: 3/8" thick Manville Type II "Aerotube". Insulation may be slit flange type or threaded on during fabrication. END OF SECTION 15400- 1 SECTION 15500 - EQUIPMENT PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to work of this section. 1.02 SUBMITTALS: A. Submit manufacturer's data 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 15500- 1 PART 2 - PRODUCTS 2.01 MOTORS: A. Motors shall be furnished for all motor driven equipment. Motors with special operating conditions such as multiple speed or in hazardous locations shall be as specified under the equipment served. General service motors driving through flexible couplings or belts shall conform to the following requirements: B. Fractional 116 HP and Larger: Capacitor start-, 40 degree C ambient, dripproof or enclosed as required by exposure, with a service factor of 1.0 or greater. C. Integral Horsepower, Single Phase: Capacitor type, 40 degree C ambient, dripproof or enclosed as required by exposure, with a service factor of 1.15. D. Three Phase: High efficiency continuous duty squirrel cage type, 40 degree C ambient, dripproof or totally enclosed fan cooled as required by exposure with a service factor of 1.15. Motors shall have the minimum performance as scheduled below. HP RPM FRAME MIN EFF MIN POWER FACTOR 1 1800 143T 82 84 1-112 1800 145T 84 85 2 1800 145T 84 85 3 5 7-112 2.02 STARTERS: 1800 182T 86 86 1800 184T 87 87 1800 213T 88 86 A. Starters, except those furnished as an integral part of the equipment as specified herein, shall be furnished by the Contractor under Division 16. Coordinate exact starter requirements and details. 2.03 ROOFTOP AIR CONDITIONING UNITS - SINGLE ZONE: A. The contractor shall furnish and install package rooftop units as shown and scheduled on the contract documents. The units shall be installed in accordance with this specification and perform at the specified conditions as scheduled. B. Units shall be as manufactured by Trane, Carrier, Lennox or York. C. General Unit Description: Units furnished and installed shall be combination gas heating/electric cooling packaged rooftops as scheduled on contract documents and these specifications. Cooling capacity ratings shall be ARI Standard 210 certified. Units shall consist of insulated weather tight casing with compressors, air cooled condenser coil, condenser fans, evaporator coil, return air filters, supply motors and drives, gas-fired heating section. 15500-2 1 D. Units shall be 100% factory run tested and fully charged with R-22. E. Units shall have labels, decals, and/or tags to aid in the service of the unit and indicate caution areas. Wiring internal to the unit shall be colored and numbered for identification. F. Cabinet: Galvanized steel, phosphatized, and finished with an air-dry paint coating with removable access panels. Structural members shall be lb gauge with access doors and removable panels of minimum 20 gauge. Units cabinet surface shall be tested 500 hours in salt spray test in compliance with ASTM B117. Cabinet construction shall allow for all service/maintenance from one side of the unit. Cabinet top cover shall be one piece construction or where seams exists, it shall be double hemmed and gasket sealed. G. Access Panels: Water and air tight panels with handles shall provide access to filters, heating section, supply air fan section, evaporator coil section, and unit control section. H. Downflow unit's base pans shall have a raised 1 118 inch high lip around the supply and return openings for water integrity. Insulation: Provide 1/2 inch thick coated fiberglass insulation on all exterior panels in contact with the return and conditioned air stream. J. Air Filters: Factory installed filters shall mount integral within the units and shall be accessible thru access panels. One inch thick glass fiber disposable media filters shall be provided with the provisions within the unit for 2 inch thick filters to be field provided and installed. K. Fans and Motors: Provide evaporator fan section with forward curved, double width, double inlet, centrifugal type fan. Provide self -aligning, grease lubricated, ball or sleeve bearings with permanent lubrication fittings. Provide units 5 tons and below with direct drive, multiple speed, dynamically balanced supply fans. Provide units b 114 tons and above with belt driven, supply fans with adjustable motor sheaves. Outdoor and indoor fan motors shall be permanently lubricated and have internal thermal overload protection. Outdoor fans shall be direct drive, statically and dynamically balanced, draw through in the vertical discharge position. Provide shafts constructed of solid hot rolled steel, ground and polished, with key -way, and protectively coated with lubricating oil. L. Gas Fired Heating Section: Completely assembled and factory installed heating system shall be integral to unit. UL approved specifically for outdoor applications for use downstream from refrigerant cooling coils. Threaded connection with plug or cap provided. Provide capability for gas piping connection through side of unit. M. Heating section shall be factory run tested prior to shipment. N. Gas burner shall be forced combustion type power burner, negative pressure gas valve, manual shut-off, hot surface ignition, and flame sensing safety control. 15500-3 O. Gas Burner Safety Controls: Provide safety controls for the proving of combustion air prior to ignition, and continuous flame supervision. Upon a failure to ignite, two attempts of ignition will occur before lockout of the ignition system. P. Combustion blower shall be centrifugal type fan with built-in thermal overload protection on fan motor. Q. Heat Exchanger: Provide drum and tube heat exchanger of free floating design manufactured from 18 -gauge aluminized steel. Factory pressure and leak tested. R. Limit Controls: High temperature limit controls will shut off gas flow in the event of excessive temperatures resulting from restricted indoor airflow or loss of indoor airflow. S. Evaporator Coil: Provide configured aluminum fin surface mechanically bonded to copper tubing coil. T. Provide an independent expansion device for each refrigeration circuit. Factory pressure test at 450 psig and leak tested at 200 psig. U. Provide drain pan for base of evaporator coil constructed of PVC or galvanized steel with external connections. V. Condenser Section: Provide internally finned 3/8 " seamless copper tube mechanically bonded to aluminum fins. Factory pressure tested to 450 prig. W. Provide vertical discharge, direct drive fans with aluminum blades. Fans shall be statically balanced. Motors shall be permanently lubricated, with integral thermal overload protection in a weather tight casing. X. Hail Guard Screen: Entire condenser coil shall be covered with 18 gauge, 112" mesh galvanized wire screen. The screen shall be installed on the 24 gauge stand-off clips to allow 1" clearance between coil and screen. Y. Refrigeration System: Provide hermetic reciprocating compressors with heat treated forged steel or cast iron shafts, aluminum alloy connecting rods, automotive type pistons, rings to prevent gas leakage, internal suction and discharge valves, crankcase heater, and centrifugal oil pump. Internally isolated motors on springs. Provide suction gas cooled motor with over temperature and over current protection. Z. Units shall have cooling capabilities down to 0 degree F as standard or manufacturer shall furnish unit with installed low ambient controls to allow for operation down to 0 degree F. For field installed low ambient accessory, the manufacturer shall provide a factory authorized serviceman that will assure proper installation and operation. AA. Provide with thermostatic temperature control in the compressor windings, to protect against excessive temperatures, high and low pressure conditions. BB. Provide each unit with factory supplied and piped liquid line filter drier, suction and liquid line Schraeder valves. 15500-4 CC. Outside Air: Provide minimum outside air intake with hood, inlet screen, and damper. DD. Operating Controls: Provide NEC Class 11, adjustable zone control to control heating stages in sequence with delay between stages, compressor stages and supply fan to maintain zone temperature setting. 1. Provide automatic changeover control with (off -heat -auto -cool), and fan control switch (auto -on). 2. Provide plexiglass locking thermostat cover. 3. Locate zone control in room as shown. EE. Manufacturer's Field Services: The manufacturer shall furnish an extended compressor warranty for five and extended heat exchanger warranty for ten years. 2.04 ROOF MOUNTING FRAME: A. A 13" high galvanized roof mounting frame supplied by the unit manufacturer shall be furnished and installed for the unit. B. This frame shall include a 2"x4" nailer secured to the sides to facilitate flashing. C. This frame shall exactly fit the unit and shall be approved by the National Roofing Contractors Association. D. This frame shall be set level and squared according to the manufacturers instructions and secured to the building as detailed on the plans. E. All connections to the unit shall be made from bottom within the confines of the frame. END OF SECTION 15500-5 SECTION 15600 - TESTING, ADJUSTING AND BALANCING MECHANICAL SYSTEMS PART 1 - GENERAL 1.01 NOTE: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to work of this section. 1.02 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 testing, balancing and adjusting of various systems and portions thereof to produce proper flows of air, correct setting of regulation devices, and other end results as more fully described hereinafter. B. Upon completion of the installation and start up of the mechanical equipment, check, adjust, and balance systemic components to obtain optimum conditions in each conditioned space to the building. C. Prepare and submit to the Engineer complete reports on the balance and operation of the system. D. Make a total of three inspections within 90 days after occupancy of the building to insure that satisfactory conditions are being maintained throughout and to satisfy any unusual conditions. E. Make inspections in the building during the opposite season from that in which the initial adjustments were made and at those times make any necessary modifications to the initial adjustments required to produce optimum operation of the systemic components, to produce the proper conditions in each conditioned space. F. In all fan systems, the air quantities shown on the plans shall be varied as required to secure a maximum temperature variation of 2 degrees within each separately controlled zone, but the total air quantity indicated for each zone must be obtained. G. Before final acceptance is made, furnish the following data: 1. A listing of the measured air quantities at each outlet. 2. Static pressure readings entering and leaving each supply fan, and other components of the system. These readings shall be related to fan curves in terms of CFM handled. 3. Motor current readings at each fan. The voltages at the time of the reading shall be listed. I 15600- 1 H. The above data shall be neatly entered on appropriate forms together with any typed supplements required to.completely document all results. Written explanations of any abnormal conditions shall be included. All this shall be assembled into a suitable brochure and a total of 4 copies shall be provided. I. When opposite season modifications are made, additional data sheets indicating new settings, readings, etc., shall be prepared and submitted in quadruplicate. 1.03 INSTRUCTIONS: A. During the test periods instruct the building operating personnel in the operation and maintenance of all equipment. B. Deliver to the Owner 3 complete instruction manuals covering the maintenance and operation of the system components. Provide complete data on all equipment, including for each item a parts list, and the name and address of the vendor where replacement parts can be purchased. END OF SECTION 15600-2 SECTION 16110 - RACEWAYS AND FITTINGS PARTI- GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide manufacturer's catalog data on all conduit, conduit fittings, raceway, outlet boxes, pull boxes and junction boxes. 1.03 SCOPE: A. Description: The work shall include furnishing and installing all electrical raceways, conduit, wireways, pull and junction boxes and outlet boxes, together with all fittings, supporting devices, and other accessories required. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSIINFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.05 DELIVERY, STORAGE, AND DANDLING: A. General: Deliver, store, protect, and handle products under provisions of the General Requirements. Accept delivery of conduit, raceway, pull and junction and outlet boxes on site and inspect for damage. Report concealed damage to carrier within their required time period. Protect conduit and raceway from corrosion and entrance of debris by storing above grade protected from the weather. Provide appropriate covering. Protect PVC conduit from sunlight. 1.06 PROJECT CONDITIONS: A. Field Measurements: Verify that field measurements are as shown on the Drawings. W P i 16110- 1 1p ib B. Routing of Conduit: Verify routing and termination locations of conduit prior to rough -in. Conduit routing is shown on the Drawings in approximate locations unless dimensioned. The contractor shall verify all site conditions and shall route as required to complete the wiring system. PART 2 - PRODUCTS 2.01 CONDUITS: A. Rigid Steel Conduit: Rigid, threaded, thick -wall; galvanized inside and outside or galvanized outside with a protective coating inside; UL listed and labeled according to Standard UL6; conforming to ANSI Standard C80.1; Pittsburg, Republic Steel, Robroy, Allied or approved equivalent. B. Electrical Metallic Tubing (EMT): Steel tubing, galvanized outside and provided with a slick corrosion resistant interior coating; UL listed and labeled according to Standard 797; conforming to ANSI Standard C80.3; Pittsburg, Republic Steel, Robroy, Allied or approved equivalent. C. Liquidtight Flexible Metal Conduit: Spirally wound with hot dip galvanized steel strips or interlocked aluminum construction as for flexible metal conduit; with polyvinyl chloride cover extruded over the exterior to make conduit liquidtight; UL listed and labeled; Electri-flex type "LA" or approved equivalent. 2.02 CONDUIT FITTINGS: A. Couplings and Terminations for Rigid Steel Conduit: Factory made steel threaded couplings conforming to ANSI/NEMA FBI; bushing at all boxes and cabinets, with locknuts inside and outside box or cabinet. B. Couplings and Terminations for Electrical Metallic Tubing (Compression Couplings): Join lengths of EMT with steel compression type couplings conforming to ANSI/NEMA FBI. The connectors shall have insulated throats or a smooth interior so as not to damage the insulation during wire pulling operations. Attach EMT to boxes or cabinets with steel compression -type box connectors having an insulated throat with locknuts. Where grounding bushings are requires at terminations, they shall be T&B Series 3802, or approved equivalent. Set screw type connectors or indent connectors will not be allowed. C. Couplings and Terminations for Liquidtight Flexible Metal Conduit: Conforming to ANSI/NEMA FBI; T & B 5271 Series or approved equivalent adapters at connections between flexible and rigid conduit; T & B 5331 Series or approved equivalent nylon insulated throat, steel connectors at box of cabinet terminations. ' 2.03 OUTLET BOXES: A. General: Outlet boxes shall be UL listed of sizes and types specified. B. Sheet Steel Boxes: NEMA OS 1, sheet steel not lighter than No. 14 gauge, galvanized after fabrication; Raco, Steel City, Appleton or approved equivalent. 16110-2 t C. Cast Metal Boxes: NEMA F131, cast iron or cast alloy with threaded hubs; Crouse -- Hinds, Appleton, Pyle National or approved equivalent. 2.04 PULL BOXES AND JUNCTION BOXES: A. Description: Sheet steel, galvanized inside and outside, with galvanized covers. B. Small Boxes: For boxes where the volume required is not over 100 cubic inches, use standard outlet boxes. C. Larger Boxes: For boxes where the volume required is over 100 cubic inches, use cabinets as specified for panelboards cabinets with covers of the same gauge as cabinets, secured with corrosion resistant bolts or screws. PART 3 - EXECUTION 3.01 EXAMINATION: A. General: Examine surfaces to receive raceways, boxes and enclosures for compliance with installation tolerances and other conditions affecting performance of the raceway system. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.02 WIRING METHODS: A. Description: All wiring of every description shall be run in conduit or electrical metallic tubing unless noted or specified otherwise. Conduits may be run exposed in machinery and electrical rooms and unfinished areas. All other conduits shall be run concealed unless otherwise noted. 3.03 CONDUIT REQUIREMENTS: A. Outdoor Locations Above Grade: 1. Type: Rigid steel conduit. 2. Minimum size: 112 inch. B. Wet and Damp Locations: 1. Type: Rigid Steel Conduit. 2. Minimum size: 112. inch. C. Dry Locations: 1. Concealed: Electrical metallic tubing. 2. Exposed within 6 feet of finished floor: Rigid steel conduit. 3. Exposed above 6 feet of finished floor where not subject to mechanical damage: Rigid steel conduit or electrical metallic tubing. 4. Minimum size: 112 inch. 16110-3 1 3.04 INSTALLATION OF BUILDING RACEWAYS: A. Installation: Install conduit in accordance with NECA "Standard Of Installation." Install raceways, boxes and enclosures according to the manufacturer's written instructions. E. Completion: Complete raceway installation before starting conductor installation. F. Sizes: Size and install raceways so that conductors may be drawn in without injury or excessive strain. Sizes of conduits shown on the drawings are minimum sizes to be installed. G. Connections: Use lengths of flexible metal conduit, not less than 12 inches long and not more than 24 inches long at final connections to all motors, generators, controls and other devices subject to movement because of vibration or mechanical adjustment. In damp or wet locations, and where installed outdoors, use liquidtight flexible metal conduit. H. Around Heat Producing Equipment: Do not install raceways within twelve inches of steam and hot water pipes, breeching and flues, except where crossings are unavoidable, and then keep raceways at least six inches from insulation on the pipe, breeching or flue crossed. Wherever possible, avoid installing raceways directly above or in close proximity to boilers and other like objects operating at high temperatures. I. 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. J. Protection of Raceways: Seal ends of all raceways with blank discs ("pennies"), push pennies or other approved closers during construction to prevent foreign matter from entering raceway. Do not pull any conductors into raceways until all plastering in the vicinity is completed. Swab out all raceways before pulling in conductors. K. 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, in general, similar to the basic building materials through which the raceway passes. 16110-4 B. Conduits: All exposed runs shall be installed level and square and at proper elevations, parallel to the surface of the building in a neat and orderly manner. Provide adequate headroom. C. Bends: Install no more than the equivalent of four 90 -degree bends between boxes. Make field bends with approved bending devices. Use hydraulic one-shot bender to fabricate bends in metal conduit larger than 2 inch size. Make bends and offsets so the inside diameter is not reduced. Unless otherwise indicated, keep the legs of a bend in the same plane and the straight legs of offsets parallel. Do not install bends or offsets in which conduit is crushed, deformed or otherwise injured. D. Conduit Bodies: Use conduit bodies to make sharp changes in direction. E. Completion: Complete raceway installation before starting conductor installation. F. Sizes: Size and install raceways so that conductors may be drawn in without injury or excessive strain. Sizes of conduits shown on the drawings are minimum sizes to be installed. G. Connections: Use lengths of flexible metal conduit, not less than 12 inches long and not more than 24 inches long at final connections to all motors, generators, controls and other devices subject to movement because of vibration or mechanical adjustment. In damp or wet locations, and where installed outdoors, use liquidtight flexible metal conduit. H. Around Heat Producing Equipment: Do not install raceways within twelve inches of steam and hot water pipes, breeching and flues, except where crossings are unavoidable, and then keep raceways at least six inches from insulation on the pipe, breeching or flue crossed. Wherever possible, avoid installing raceways directly above or in close proximity to boilers and other like objects operating at high temperatures. I. 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. J. Protection of Raceways: Seal ends of all raceways with blank discs ("pennies"), push pennies or other approved closers during construction to prevent foreign matter from entering raceway. Do not pull any conductors into raceways until all plastering in the vicinity is completed. Swab out all raceways before pulling in conductors. K. 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, in general, similar to the basic building materials through which the raceway passes. 16110-4 L. Roof Penetrations: Route conduit through roof openings for piping and ductwork or through suitable roof jack with pitch pocket. Coordinate location with roofing installation. 3.05 JOINING AND TERMINATING CONDUITS: A. Joining Rigid Conduits: Join with threaded couplings. Ream out all conduit ends after threading. Secure rigid conduits at panel boxes, junction boxes, pull boxes, switchboards, support boxes, or sheet metal outlet boxes by galvanized 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.. B. Joining Electrical Metallic Tubing: Cut conduit square using saw or pipe cutter; de -burr cut ends. Bring conduit to shoulder of fittings and fasten securely. C. Terminations: Where raceways are terminated with locknuts and bushings, align the raceway to enter squarely, and install the locknuts with dished part against the box. Where terminations cannot be made secure with one locknut, use two locknuts, one inside and one outside the box. Where terminating in threaded hubs, screw the raceway or fitting tight into the hub so the end bears against the wire protection shoulder. Where chase nipples are used, align the raceway so the coupling is square to the box, and tighten the chase nipples so no threads are exposed. 3.06 CONDUIT SUPPORTS: A. Support Spacing: Use minimum spacing as directed by National Electrical Code, but space hangers more closely where required by conditions. B. Vertical Conduit Risers: Support vertical conduits at each floor by means of riser clamps or U -bolts, clamping them to a steel channel bridging the opening in the floor. C. Individual Conduits: Support conduits running vertically or horizontally with galvanized malleable iron one hole clamps. Carry individually supported horizontal conduits 1-1/4" and larger on galvanized steel hangers. Use no perforated strap iron as hanger material. Arrange supports to prevent misalignment of conduit during wire installation. D. Above Non -removable Ceilings: Where conduits smaller than 1-114" are installed above metal lath and plaster ceilings or mechanically suspended dry ceilings of the non - removable type, they may be supported on ceiling runner channels. E. Above Removable Ceilings: Where conduits smaller than 1-114" are installed above removable ceilings, attach them to the structure or bar joists (where present) or support them on threaded hanger rods with clips. Do not use any wire to support conduits or to attach conduits to supporting members. Do not attach conduit to ceiling support wires. Locate conduits a sufficient distance above the ceiling to permit removal of the ceiling panels. Locate them so as not to hinder access to mechanical and electrical equipment through the ceiling panels. 16110-5 F. Multiple Conduits: Where multiple raceways are run horizontally at the same elevations, they may be supported on trapezes formed of sections of Unistrut or approved equal angle iron or channels suspended on rods or pipes. Size trapeze members including the suspension rods for the number size and loaded weight of the conduits they are to support. Space them as required for the smallest conduit supported. Group related conduits together. Provide space on each rack for 25 percent additional conduit. 3.07 INSTALLATION OF OUTLET BOXES: A. Usage: Provide at each outlet or device of. whatever character a metal outlet box in which conduits shall terminate. Install boxes in accordance with NECA "Standard of Installation. " Install in locations as shown on the Drawings, and as required for splices, taps, wire pulling, equipment connections and compliance with regulatory requirements. B. Boxes recessed in construction: Sheet steel boxes. C. For Receptacles: Use 4"x4" size with proper square cornered tile wall cover, plaster cover, or finishing plate, except where construction will not permit or the device requires a larger box. D. Boxes for Outdoors: Cast metal boxes with gasketed covers. Use cast outlet box in exterior locations exposed to weather and wet locations. E. Location of boxes: Set wall mounted boxes at elevations to accommodate mounting heights indicated or specified in section for outlet device. Electrical boxes are shown on Drawings in approximate locations unless dimensioned. Adjust box location up to 10 feet if required to accommodate intended purpose. Install pull boxes and junction boxes above accessible ceilings and in unfinished areas only. F. Above Accessible Ceilings: Install outlet and junction boxes no more than 6 inches from ceiling access panel or from removable recessed lighting fixture. Locate outlet boxes to allow lighting fixtures positioned as shown on reflected ceiling plan. G. Coordination: Coordinate mounting heights and locations of outlets mounted above counters, benches, and backsplashes. H. Adjacent Devices: Align adjacent wall mounted outlet boxes for switches, thermostats, and similar devices. Wall Boxes: Use flush mounting outlet box in finished areas. Do not install flush mounting box back-to-back in walls; provide minimum 6 inches separation. Provide minimum 24 inches separation in acoustic rated walls. Secure flush mounting box to interior wall and partition studs. Accurately position to allow for surface finish thickness. Use stamped steel bridges to fasten flush mounting outlet box between studs. Install flush mounting box without damaging wall insulation or reducing its effectiveness. 16110-6 3.08 INSTALLATION OF PULL AND JUNCTION BOXES: A. Sizing: Size all pull and junction boxes in accordance with NEC, using larger sizes than required by code where job conditions so indicate., B. Mounting: Fasten all boxes securely to the building construction, independent of conduit systems. On concealed conduit systems where boxes are not otherwise accessible, set box covers flush with finished surfaces for access. 3.09 IDENTIFICATION OF PULL AND JUNCTION BOXES A. Branch Circuits: Each pull and junction box shall be labeled with indelible ink to indicate the wiring contained inside the box. The label shall indicate the panel and circuit number of the wiring contained. END OF SECTION 16110-7 SECTION 16120 - CONDUCTORS PART 1 -GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide manufacturer's catalog data on conductor and insulation materials. C. Manufacturer's Instructions: Submit for review complete manufacturer's instructions. Indicate application conditions and limitations of use stipulated by Product testing agency specified under Regulatory Requirements. 1.03 SCOPE: A. Description: The work shall include the furnishing of all conductors, together with all splices, connections, terminations and identification for wiring systems rated 600 volts and less. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSI/NFPA 70 (National Electrical Code) and all applicable State and Local. Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.05 PROJECT CONDITIONS: A. Field Measurements: Verify that field measurements are as shown on the Drawings. B. Routing of Wire and Cable: Wire and cable routing shown on the Drawings is approximate unless dimensioned. Route wire and cable as required to meet Project Conditions. Where wire and cable routing is not shown, and destination only is indicated, determine exact routing and lengths required. � I � I 11 16120- 1 PART 2 - PRODUCTS 2.1 CONDUCTORS (600 VOLTS AND UNDER): 0 0W 0 all 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 to imperfections. No. 8 and larger shall be stranded; No. 10 and smaller shall be solid. .k B. Insulation: Branch circuits shall have type THHN or THWN insulation unless the type is specifically designated or specified. Service feeders shall be type THWN. Feeder circuits shall be Type THWN. C. Circuits Subjected to High Temperatures: Type THHN or 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. D. Lighting Fixture Conductors: Type and size approved by the NEC for the purpose. E. Manufacturers: Okonite, Triangle, Anaconda, Simplex or approved equivalent. 2.02 JOINTS AND SPLICES: A. Stranded Copper Conductors: UL approved solderless bolted pressure connectors or compression connectors. All connectors shall be of proper sizes to match conductor sizes. All compression connectors shall be applied with properly sized dies and tools. Split -bolt connectors are not acceptable. B. Solid Copper Conductors: UL approved solderless bolted pressure connectors; or UL approved electrical spring connectors make. All connectors shall be of proper sizes to match conductor sizes. Split bolt connectors are not acceptable. 2.03 COLOR CODING: A. General: Use standardized color -coding of conductors throughout. All color coding shall be continuous for the entire length of the conductors, and shall be permanent and readily distinguished after installation. In cases where the specified colors of insulated wire and cable are unavailable, such conductors shall be color -coded, as specified above, by means of slip-on colored plastic sleeves or plastic tape at all pull boxes, support boxes, outlet boxes, panelboards, and other terminal and splicing points. B. Neutral and Grounding Conductors: Neutral conductors shall be white or natural grey. Grounding conductors shall be green, or green with one or more yellow stripes. C. 240 Volt System: Phase conductors shall be black, orange and red for phases A,B, and C respectively in the 240 volt system. 16120-2 IV to 1 PART 3 - EXECUTION 3.01 EXAMINATION: A. General: Examine raceways and building finishes to receive wires and cables for ' compliance with installation tolerances and other conditions. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.02 WIRE PULLING: A. Preparation. Completely and thoroughly swab raceway before installing wire. Pull no conductors into conduits until all work of a nature which may cause injury to conductors ' is completed. B. Pulling Lines: Provide suitable installation equipment for pulling conductors into raceways or conduits. Use ropes of polyethylene, nylon or other suitable material to pull in conductors. Attach pulling lines to conductors by means of woven basket grips or by pulling eyes attached directly to conductors. C. Multiple Wires in a Raceway: All conductors to be installed in a single conduit shall be pulled in simultaneously. F. Cable Lubricant: Use an Underwriters' listed cable pulling compound for building wire No. 4 and larger. All cable lubricants shall be UL listed, and shall be certified by their manufacturer to be non -injurious to the insulation on which they are used. 3.03 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER): A. General: Install conductors as indicated, according to manufacturer's written instructions and the NECA Standard of Installation. B. Feeders: Run all feeders their entire length in continuous pieces without joints or splices, insofar as practicable. Make joints in branch circuits only where circuits divide as shown on drawings. Such joints shall consist of one through circuit to which shall be spliced the tap circuit. 16120-3 C. Branch Circuits: Not more than one power or lighting circuit shall be installed in a single conduit, except that one 3 -wire circuit or one 4 -wire circuit consisting of 2 different phase wires and a common neutral or 3 different phase wires and a common neutral may be installed in a single conduit. This provision shall not prohibit the installation in a single conduit of all conductors of a circuit with three- and four-way switching. D. Dedicated Neutrals: Where indicated on the drawings, branch circuits shall be installed with dedicated neutrals in a single conduit. E. Wiring at Outlets and Switches: Install with at least 12 inches of slack conductor at each outlet. 16120-3 F. Terminations: Connect outlets and components to wiring and to ground as indicated and instructed by manufacturer. Tighten connectors and terminals, including screws and bolts, according to equipment manufacturer's published torque -tightening values or as specified in UL Standard 486A. G. 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. H. Receptacle and Motor Branch Circuits: No. 12 conductors unless noted or scheduled otherwise. 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. Joints and Splices: Make joints and splices only where necessary and only at outlet W boxes and pull boxes. All joints shall be mechanically and electrically secure. After a joint or splice is complete, insulate it with rubber tape, and friction tape to make the insulation of the joint or splice equal to that of the conductor. In lieu of this, vinyl plastic tape may be used if applied in at least four layers (half lapped in two directions), with all i larger splices, terminals, sharp corners and voids being first protected by application of insulating putty. K. Wet Locations: Conductor splices in wet locations shall be made in accordance with the conductor manufacturer's recommendations. L. 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. M. Bundling Conductors: Bundle all conductors in panelboards, cabinets and the like, using IP 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. w - N. Cable Supports and Boxes: Install cable supports and boxes for all vertical conductors in accordance with National Electrical Code requirements. Boxes shall be of heavy galvanized steel plate construction, not less than No. 10 USS gauge, riveted to an angle iron frame. Removable box covers shall be secured with corrosion -resistant screws. For cables without a metallic sheath, cable supports shall be of the split wedge type which clamps each conductor firmly and tightens due to the weight of cable. For cables with metallic sheath, a basket weave or equal type of support shall be provided as approved by the cable manufacturer. END OF SECTION 16120-4 0 IV 10 SECTION 16441 - CIRCUIT AND MOTOR DISCONNECT SWITCHES PART 1 - GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division I Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide switch ratings, enclosure type and dimensions. C. Manuals: Submit for review all operation and maintenance manuals for items specified herein. 11 1.03 SCOPE: I ' A. Description: Provide all labor, material, equipment, and service necessary for and incidental to the complete electrical distribution system. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSI/NFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. 1.05 DELIVERY, STORAGE, AND HANDLING: r A. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. B. General: Deliver, store, protect, and handle Products to site according to the Conditions of the Contract and Division 1 Specification Sections. Accept delivery of disconnect switches on site and inspect for damage. Report concealed damage to carrier within their required time period. Protect from corrosion and entrance of debris by storing above grade protected from the weather. Provide appropriate covering. 1.06 PROJECT CONDITIONS: A. Field Measurements: Verify that field measurements are as shown on the Drawings. B. Location of Disconnect switches: Verify locations of disconnect switches prior to installation. Disconnect switches are shown on Drawings in approximate locations unless dimensions are indicated. Locate as required to complete wiring system. w 16441- 1 PART 2 - PRODUCTS 2.01 DISCONNECT SWITCHES: A. Description: NEMA KS1, Type HD heavy duty, enclosed load interrupter knife switch. Handle lockable in OFF position. Switches shall be unfused unless noted otherwise; quick make, quick break. All motor circuit switches shall be horsepower rated. B. Enclosures: Provide disconnect switches in NEMA 3R enclosures if exposed to the weather; elsewhere in NEMA 1 general purpose enclosures unless special enclosures are required. C. Manufacturers: Switches shall be of General Electric, Square D, Westinghouse, Challenger, Siemens or approved equivalent manufacture, equivalent to General Electric Type TH quick make, quick break switches. PART 3 - EXECUTION 3.1 INSTALLATION: A. Installation: Install disconnect switches level and plumb. B. General: Install in accordance with manufacturer's written instructions and NECA "Standard of Installation." C. Connections: Connect disconnect switches to wiring system and to ground as indicated and as instructed by the manufacturer. Tighten connectors and terminals, including screws and bolts according to equipment manufacturer's published torque tightening values or as specified in UL Standard 486A. END OF SECTION 16441 -2 SECTION 16450 - GROUNDING AND BONDING PART 1 - GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification sections, apply to the work of this section. 1.02 SUBMITTALS:. A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide data for grounding electrodes and connections. 1.03 SCOPE: A. Description: Furnish and install the various grounding systems outlined herein in accordance with the National Electrical Code. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSI/NFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.05 PROJECT RECORD DOCUMENTS: A. General: Submit under provisions of the General Requirements. B. As -built Drawings: Accurately record actual locations of grounding electrodes. PART 2 - PRODUCTS 2.01 CONDUCTORS: A. Material: Stranded copper as specified in Section 16120 - CONDUCTORS. B. Grounding Electrode Conductor: Size to meet NFPA 70 (NEC) requirements. 16450- 1 PART 3 - EXECUTION 3.01 GROUNDING RACEWAYS: W A. General: Assure the electrical continuity of all metallic raceway systems, pulling up all conduits and/or locknuts wrench tight. Where expansion joints or telescoping joints 09 occur, provide bonding jumpers. Where flexible metallic conduit is employed, provide a r.' green -insulated grounding jumper installed in the flexible conduit. Install a separate green -insulated conductor in each non-metallic conduit. Provide grounding bushings on all service and feeder raceways terminating within switchboards, motor control centers, panelboards, cabinets, and all other enclosures. Provide grounding conductors from such bushings to the frame of the enclosure and to the ground bus or equipment grounding strap. Size grounding conductors in accordance with NEC Table 250-95. 3.02 EQUIPMENT GROUNDING CONDUCTORS: A. General: Provide a separate, green -insulated copper grounding conductor, with insulation sh. 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 w` 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. 3.03 CONNECTIONS: A. General: Make connections in such a manner as to minimize possibility of galvanic action or electrolysis. Select connectors, connection hardware, conductors, and, connection methods so metals in direct contact will be galvanically compatible. 1. Use electroplated or hot tin coated materials to assure high conductivity and make' contact points closer in order of galvanic series. 2. Make connections with clean bare metal at points of contact. 3. Coat and seal connections involving dissimilar metals with inert material such as red lead paint to prevent future penetration of moisture to contact surfaces. B. Terminations: Tighten grounding and bonding connectors and terminals, including ' screws and bolts, in accordance with manufacturer's published torque tightening values or to values specified in UL 486A and 486B. END OF SECTION IP i� 16450-2 IF ib SECTION 16475 - CIRCUIT DISCONNECT AND OVERCURRENT PROTECTIVE DEVICES PART 1 - GENERAL 1.01 RELATED DOCUMENTS: A. General: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division i Specification sections, apply to the work of this section. 1.02 SUBMITTALS: A. General: Submit manufacturer's data on all materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data: Submit for review complete manufacturer's catalog information on all items specified herein, including materials, construction and UL listing. Provide data sheets showing electrical characteristics including time -current curves. C. Operation and Maintenance Manuals: Submit for review all operation and maintenance manuals for items specified herein. Indicate application conditions and limitations of use stipulated by Product testing agency specified under Regulatory Requirements. Include all operation and maintenance manuals. 1.03 SCOPE: A. Description: The work shall include all labor, material, equipment, and service necessary for and incidental to the complete electrical distribution system. 1.04 REGULATORY REQUIREMENTS: A. Code Requirements: Conform to requirements of ANSI/NFPA 70 (National Electrical Code) and all applicable State and Local Electrical Ordinances. B. UL Listing: Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.05 MAINTENANCE MATERIALS: A. General: Provide maintenance materials according to the Conditions of the Contract and Division 1 Specification Sections. B. Fuse Pullers: Provide two fuse pullers. 1.06 EXTRA MATERIALS: A. General: Furnish under provisions of the General Requirements. 16475- 1 B. Spare Fuses: Upon completion of the work provide a standard carton (but not less than 3 fuses where a carton does not contain as many as 3) of each size of each type of fuse used. These spare fuses are in addition to fuses in spare switches and replacement fuses blown during construction and testing. PART 2 - PRODUCTS 2.01 FUSES: A. General: Furnish and install all fuses necessary for leaving the installation complete and in working order, including a complete set of fuses in each spare switch. B. Fuse Identification Label: Place a fuse identification label, showing type and size of the required fuses, inside the door of each enclosure requiring fuses. C. Regulatory Standards: Fuses shall conform to the latest NEMA Standards, and shall be UL listed and labeled (except as noted otherwise) They shall conform to the UL classes listed hereinafter. Voltage ratings shall be suitable for the systems to which the fuses are applied. D. Installation: Fuses shall be shipped to the job in boxes, and shall not be installed in any equipment until the installation is complete, and final tests have been made prior to energizing the equipment. E. Fuse Reducers: Where the spacing of fuse clips in equipment is greater than required by the proper size of fuse, use suitable fuse reducers to fit the fuses. F. Class and Type: Fuses shall be of the classes and types listed below, the type designations referring to those indicated on the plans. 1. Class RK -1 Time Delay (1-600 Amps): Class RK -1; Bussmann Type LPN or LPS "Low Peak". Fuses shall be available in ratings 1-600 amperes, shall be current ' limiting dual element with time delay, and shall have interrupting rating of 200,000 RMS symmetrical amperes. Fuses shall be equipped with slotted blades, and switch fuse clips shall be provided with matching NEC fuse rejection feature. ' 2. Class RK -5 Time Delay (1-600 Amps): Class K5 or K9; Bussmann Type FRN or FRS °Fusetrons". Fuses shall be available in rating 1-600 amperes, shall be dual element time delay type, and shall have interrupting rating of 100,000 or 200,000 RMS symmetrical amperes. PART 3 - EXECUTION 3.01 INSTALLATION: A. Fuses: Install fuses in accordance with manufacturer's instructions. C -M B. Fuse Labels: Install fuse with label oriented such that manufacturer, type, and size are easily read. END OF SECTION 16475-2 SPECIAL CONDMONS NOTICE OF ACCEPTANCE C TO: LThe City of Lubbock, having considered the proposals submitted and opened on the day of 199, for work to be done and materials to be furnished in and for. as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City 'Council of the City of Lubbock on the day of 199_ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and. required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your reccipt of this Notice. The five percent (59/6) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative L