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HomeMy WebLinkAboutResolution - 3732 - Contract- Lydick-Hooks Roofing Company- Various Roofing Projects, City Buildings - 10_10_1991Resolution No. 3732 October 10, 1991 Item #31 HW:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Lydick -Hooks Roofing Company for various roof- ing projects for City buildings, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of ATTEST: Nanette.boya, city 5ecretau APPROVED S TO CONTEPI Ge ne s, urc a ing anager APPROVED AS TO FORM: Harold Willard, Assistant -City Attorney October , 1991. e, McMrNN7, MAYOR CITY OF LUBBOCK SPECIFICATIONS FOR ROOFING PROJECTS BID # 11511 CITY OF LUBBOCK Lubbock, Texas City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-3000 BID # 11511 ADDENDUM # 1 MAILED TO VENDOR: SEPTEMBER 16, 1991 CLOSE: 09/19/91 @ 2:00 P.M. NEW CLOSE: 09/24/91 2:00 P.M. GARDEN AND ARTS CENTER: 1. PERMAX B-BASE FRII AND PERMAX B-FRII SHALL BE FURTHER DESCRIBED AS FOLLOWS: Permax B-Base FRII is a fire resistant roofing material containing an elastomeric SBS Modifier to provide easy hot asphalt or heat weld application. The fiberglass mat provides tensile strength, rolls are 49.3 ft. long x 39.4 in. wide, 110 mils thick, and 105 lbs in weight. Permax B-FRII is a fire resistant mineral surface roofing material containing an elastomeric SBS Modifier to provide easy hot -mop application.- Rolls are 33.3 ft. long x 39.4 in. wide, 160 mils thick, and 95 lbs. in weight. When used with the aforementioned base material the 2-ply modified bitument assembly exceeds the NBS 55 criteria of 200 lbs. per inch tensile at 0 degree fahrenheit in its weakest direction, and provides a ten year limited guaranty. 2. THE ABOVE DESCRIPTIONS ARE OFFERED TO ALLOW AN ' OR EQUAL ' MATERIAL SUBSTITUTION TO THE ROOFING SYSTEM ORIGINALLY SPECIFIED. 3. THE ROOFING ASSEMBLY UTILIZED MUST MEET THE REQUIREMENTS NECESSARY TO ACHIEVE A UL CLASS "A" RATING, REGARDLESS OF THEIR COMPOSITION. A. Contractor shall provide manufacture's 10 year warranty. 4. TIME FOR COMPLETION SHALL BE EXTENDED FROM 90 CALENDAR DAYS TO 120 CALENDAR DAYS. r 5. PLEASE CHANGE THE CLOSING DATE TO BE SEPTEMBER 24TH, 1991 AT 2:00 P.M. AND NOT SEPTEMBER 19TH, 1991 AT 2:00 P.M. WEST WING AIRPORT & KITCHEN AREA - CIVIC CENTER: 1. SECTION 7510-3, PARAGRAPH 2.05, "EMERGENCY SUPPLIES": DELETE ITEM C.-TARPS, ITEM D.-WATER PUMPS, ITEM E.-HOSES. 2. SECTION 7510-5, PARAGRAPH 3.03, "TEMPORARY WATER STOPS", ITEM A: SHOULD READ THREE (3)-PLIES OF FIBERGLASS MEMBRANE 9", 18", 27". ALSO DELETE ITEM B., C., AND F. 3. SECTION 7510-6, PARAGRAPH 3.04, "BITUMEN HEATING", ITEM E: DELETE REFERENCE TO THREE (3) FIRE EXTINGUISHERS. SHOULD READ TWO (2) FIRE EXTINGUISHERS, ONE TO BE LOCATED AT KETTLE AND ONE TO BE ON ROOF SURFACE DURING ALL PHASES OF WORK. PLEASE USE THE ATTACHED BID PROPOSAL FOR THE CONTRACT DOCUMENTS. 4THShi*uffid, 1 Ron CITY OF LUBBOCK Oft PURCHASING OFFICE r PLEASE RETURN ONE COPY WITH YOUR BID Ago F f BID PROPOSAL BID FOR LUMP SUM CONTRACTS PLACE r DATE PROJECT NO. Proposal of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a t having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re- lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround- ing the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica- tions and contract documents, within the time set forth therein and at the price stated below. The price to cover r all expenses incurred in performing the work required under the contract documents, of which this proposal is to be {, a part, is as follows: BID ITEM #1: (S ) (West Airport Terminal) BID ITEM #2• (S ) (Civic Center Kitchen Area 4 BID ITEM 0: (S ) P" (Garden & Arts Center) f } r BID ITEM #4• (S ) (Holly Maintenance Building) UNIT PRICES: 1. LIGHT CONCRETE DECK: (S Per S.F.) 2. WOOD DECK: (S Per S.F.) 3. METAL DECK: (S Per S.F.) Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) 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 $100.00 (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 in- struction number 20 of the General instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Enclosed with this proposal is a Cashierls Check or Certified Check for Dollars (S ) or a Proposal Bond.in the sum of Dollars (S ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is -- accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. r Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con- tract documents made available.to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) ATTEST: Secretary Contractor BY• -12- City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 Office of Purchasing MAILED TO VENDOR: September 20, 1991 CLOSING DATE: September 24, 1991 at 2:00 p.m. NEW CLOSE DATE: September 27, 1991 at 2:00 p.m. BID #11511 - Roofing Projects ADDENDUM #2 Please modify or amend Contract Documents as follows: 1. Please change the closing date from Tuesday, September 24, 1991 at 2:00 p.m. to Friday September 27, 1991 at 2:00 p.m. Tha you, Ron She iee/- ea Buyer PLEASE RETURN ONE COPY WITH YOUR BID. City of Lubbock P.O. Box 2000 Lubbock. Texas 79457 e06-767-2167 BID # 11511 ADDENDUM # 3 Office of Purchasing MAILED TO VENDOR: SEPTEMBER 25, 1991 CLOSE: 09/27/91 @ 2:00 P.M. Please modify or amend Contract Documents as follows: 1. The three (3) existing evaporative air conditioning units above the Civic Center Kitchen Area shall be removed by Contractor and will not be replaced. THA YOU, Ron Shuffiel , CITY OF LUBBOCK PURCHASING OFFICE PLEASE RETURN ONE COPY WITH YOUR BID i" t: l 4 i { CITY OF LUBBOCK SPECIFICATIONS for r g TITLE: ROOFING PROJECTS r ADDRESS: VARIOUS BID NUMBER: 11511 PROJECT NUMBER: 1491-552101-9203 CONTRACT PREPARED BY: Purchasing Department r rK, l: t .1- (THIS PAGE LEFT BLANK INTENTIONALLY) N) DEx PAGE 1. NOTICE TO BIDDERS..........................................................................................3 2. GENERAL INSTRUCTIONS TO BIDDERS............................................................................5 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10 4. PAYMENT BOND..............................................................................................14 5. PERFORMANCE BOND..........................................................................................17 6. CERTIFICATE OF INSURANCE..................................................................................20 T. CONTRACT..................................................................................................22 8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................24 9. CURRENT WAGE DETERMINATIONS...............................................................................42 10. SPECIFICATIONS............................................................................................43 11. SPECIAL CONDITIONS........................................................................................44 12. NOTICE OF ACCEPTANCE......................................................................................45 -2- (THIS PAGE LEFT BLANK INTENTIONALLY) i� r r t NOTICE TO BIDDERS -3- (THIS PAGE LEFT BLANK INTENTIONALLY) T i� i r` NOTICE TO BIDDERS BID # 11511 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m, on the 19th day of September. 1991. 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: WEST AIRPORT TERMINAL AND GARDEN & ARTS CENTER - ROOFING PROJECTS After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 26th clay of September. 1991. at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Arm. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds t25,000.00. Said statutory bonds should be issued by a company carrying a current Best Retina of J1 or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bord from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon'& Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a pre -bid conference on 10th day of September. 1991, at 10:00 o'clock a.m., Personnel Conference Roan #108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK �L BY: Gene Eads, C.P.M. Purchasing Manager ADVERTISEMENT FOR BIDS BID 0 11511 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 19th day of September. 1991, or as changed by the issuance of formal addenda to sit planholders, to furnish all labor and materials and perform all work for the construction of the following described project: WEST AIRPORT TERMINAL AND GARDEN & ARTS CENTER - ROOFING PROJECTS After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Am. 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 j•. to this advertisement, minority and women business enterprises will be afforded eque,l opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. I There will be a prebid conference on 10th day of September, 1991, at 10:00 o'clock a.m., Personnel Committee Room 108, Municipal Building, 1625 13th Street. WY-G'eeEads, C.P.M. PURCHASING MANAGER (THIS PAGE LEFT BLANK INTENTIONALLY) t GENERAL INSTRUCTIONS TO BIDDERS -4. (THIS PAGE LEFT BLANK INTENTIONALLY) SCOPE OF WORK GENERAL INSTRUCTIONS TO BIDDERS 4 The work to be done under the contract documents shall consist of the following: Roofing repairs to the following buildings: West Airport Terminal, Civic Center Kitchen area, Garden & Arts Center and Holly Maintenance Building in the City of Lubbock. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. r P 2. CONTRACT DOCUMENTS 1 All work covered by this contract shall be done in accordance with contract documents described in the Gen- eral Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of ell work contemplated by said contract documents. r" 3. PLANS FOR USE BY BIDDERS i 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 I noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (NINETY) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is i determined by the City that the progress of the work is not in accordance with the progress schedule so sub- mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple- tion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor r" 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. t x -5- 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for pro- tecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provi- sion. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against de- fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished di- rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup- pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. _ 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi- als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc- tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City re- serves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma- terials to be incorporated into the work without paying the tax at the time of purchase. -6- 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES j It shall be the Contractors responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under- ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by t this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig- nals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and Lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re- placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast- ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. t 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 t 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 r - T- notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subroga- tion. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention.is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be applicable. Construc- tion work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owners Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the _ site of the work shall not later than the seventh day following the payment of wages, file with the owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc- tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. -8- 1 d The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is wade, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such i 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 c. Proposals submitted containing any conditions which provide for changes in the stated bid price due to in r" creases or decreases in the cost of materials, labor or other items required for this project will be re -Jetted and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on formes furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis- tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an indi- vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- lowing: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidderos Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (1) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered Incorporated by reference Into the aforementioned contract documents. .9- (THIS PAGE LEFT BLANK INTENTIONALLY) F r t BID PROPOSAL F -10- (THIS PAGE LEFT BLANK INTENTIONALLY) r BID PROPOSAL BID FOR LUMP SUM CONTRACTS PLACE Lubbock DATE 9-27-91 PROJECT NO. 11511 Proposal of TEXAS ROOFING COMPANY (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation forbids for the construction of a Roofing Projects — various Buildings having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re- lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround- ing the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies;.and to construct the project in accordance with the plans, specifica- tions and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is to be a part, is as follows: BID ITEM #1.One Hundred Fifty Three Thousand Nine Hundred Twenty (S 153.925.00 ) (West Airport Terminal) Five and No/100 BID ITEM #2:Twenty One Thousand Nine Hundred Eighty Five & No/10 S 21,985.00 J (Civic Center Kitchen Area BID ITEM #3: Eight Thousand Six Hundred Forty Seven & N6/100----- (S 8,647.00 ' ) (Garden 6 Arts Center) BID ITEM 94: Seven Thousand Five Hundred Forty & No/100---------- (s 7,540.00 ) (Holly Maintenance Building) UNIT PRICES: 1. LIGHT CONCRETE DECK:_ fix Dollars per square foot (S 6.00 Per S.F.) 2. WOOD DECK: Four Dollars per square foot (S 4.00 Per S.F.) 3. METAL DECK: Five Dollars per square foot (S 5.00 Per S.F.) Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (ONE HUNDRED TWENTY) f 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 $100.00 (One Hundred dollars) for each r r consecutive calendar day in excess of the time set forth hereinabove for completion of this project, alt as more futly set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shalt be completed and submitted in accordance with in- struction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shalt be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the` work on which he has bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for N/A Dottars (S N/A ) or a Proposal Bond in the sum of 5 % ' of Bid Dollars (S —0— ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. _ Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include %tt con— tract documents made available to.him for his inspection in accordance with the Notice to Bidders. } TEXAS ROOFING COMPANY (Seal if Bidder is a Corporation) ATTEST: Secretarf', Rita Wheeler Contractor L.W. Rampv. President -12- r C; i LIST OF SUBCONTRACTORS • This form shall be completed and submitted with the Bidder's Proposal. Minority Owned Yes No 1. Bruce Thornton Company x 2. Dent Electric x 3. 4. 5. 6. 7. r g, 9. 10. 5 I i 1. r .13- (THIS PAGE LEFT BLANK INTENTIONALLY) -- 7 10 Bid Bond SURETY DEPARTMENT 7 i4 KNOW ALL MEN BY THESE PRESENTS, vt.va THE HARTFORD BOND NO. r That we, Texas Roofing Company, P.O. Box 2156, Lubbock, Texas 79408-2156 l as Principal, hereinafter called the Principal, and the Hartford Casualty Insurance Company , a corporation created and rexisting under the laws of the State of....l.ndia.na. .......................................,whose principal office is inlia.r.t.fo.rd..,..Cor).ne.c.ti.cu.t........... F as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock - 1 625 1 3 t h Street Lubbock, Texas 79401 as Obligee, hereinafter called the Obligee, In the sum of Five Percent (5%) of Maximum Amount Bid Dollars ($ ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, [ successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for Reroofing of West Airport Terminal, Civic Center Kitchen, 7 Garden & Arts Center and Holly Maintenance Building. t Provided however, it is agreed by acceptance of this bid that the contract documents as pertain to maintenance warranty/guarantee provisions for material or workmanship shall be limited to a maximum of 2 years from substantial completion. Any manufacturers maintenance/warranty/guarantee shall be excluded from the contract between the owner and contractor. 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 r., failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party ` to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. rSigned and sealed this...............2�t!.....day o(............ .............................................................................................A.D. 19..9...... r.,Witness ..................................................... Texas Roofing Company/Lubbock (SEAL) € (II Individual) ....................................................................................................(P , alb............................... `By.kl�yJ ................ (SEAL) L ) Woodrow Rampy, Pres(d,6n Tnle) A �.,� ..._.............. -AL (n C Walion) .............................................................................................................(SEAL) Attest-,...— >t........... �-' (Approved by The American Institute of Architects, A.I.A. Document No. A-310, Feb., 1970 Edition) Form S-3266-4 Printed in U.S.A. 12- 70 Hartford Casua t ns//urance Com an• ; ........................................ ey ... (�a.n4.a .. '. ..(SEM Earl W. usband,-Attorney In Fact t', HARTFORD CASUALTY INSURANCE COMPANY EXECUTIVE OFFICE: Hertford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY. a corporation duly organized under the laws of the State of Indiana• and having its Executive Office in the City of Hartford. County of Hartford, State of Connecticut, does hereby make, constitute and appoint EARL N. RUSBAND,MIKE CARY and SAUNDRA TAYLOR of ODESSA, TEXAS its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate r capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other E writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust: guaranteeing the performance of contracts other than insurance policies: guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities. and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed. and to bi'nd•fhWTHE HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD CASUALTY INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof. This power of attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly called and held on the 15th day of June. 1988. RESOLVED. that, the President or any Vice -President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint. for purposes on of executing and attesting bonds and nd undertakings aother writings obligatory in the nature thereof. one or more Resident vice -Presidents. Resident Assistant Saaetanes and Attorneys•eh-Fact and at any time to remove any such Resident Vice-Preswent, Resident Assistant Secretary, or Attomay-in-Faci. and revoke the power and authority given lo him. Attomeys•in-Fact shall have power and authority, subpect to the terms and limitations of the power of attorney issued to Mom, to execute and deliver on behalf of the Company and to attach me seal of the Company thereto any and 0 bonds and undertakings. and odor writings obligatory in Me nature thereof. and any such instumern exerted by arty such Attomey+n-Fact shall be as binding upon the Company as it signed by an Executive Officer are sealed and attested by one other of such O ' RESOLVED. that. Robert N. H. Senor, Assistant Vice-Presdent cries have, As big as he holds such office, the same powers as any Vice -President pursuant to the preceding Resolution, RESOLVED, that, whereas fie President or any Vice-president, acting with any Secretary or Assistant Secretary. has the power and authority to appoint by a power of attorney, for purposes only a executing and attesting bonds and urdertaktrigs. and other writings obligatory in the nature thereof. ono or more Resident Vice -Presidents, Assistant Secretaries and ARoneo-in-Fact. Now therefore, the signatures of such Officers and this seal of the company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facstmbe seal shelf be valid and binding upon Me Company in the future with respect to any bond or undertaking to which it is attached. RESOLVED. that Robert N. H. Stirrer, Assistant Vice-Presidem, may. as long as he holds such office, affix hit signature by facsimile pursuarn to and with the same effect as that granted to Vice -Presidents under the preceding Resolution. In Wiliness Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice -President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1st day of r,. August, 1990. t HARTFORD CASUALTY INSURANCE COMPANY Attest: �� w • . Richard R. Hermanson, $ Secretary Robert N. H. Serer �.1' STATE OF CONNECTICUT ) Assistant Vice President COUNTY OF HARTFORD On this 2nd day of August, A,D. 1990, before me personally came Robert N. H. Sener, to me known, who being by me t duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice - President of the HARTFORD CASUALTY INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like birder. STATE OF CONNECTICUT r\ Jean H. Wozniakss. COUNTY OF HARTFORD Arot"Public hAy commission Expires March 91. 1994 CERTIFICATE 1, the undersigned. Assistant Secretary of the HARTFORD CASUALTY INSURANCE COMPANY, an Indiana r. Corporation, DO HEREBY CERTIFY that the foregoing end attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore, that the Resol0icrrd W thb Hoard of Directors set forth in the Power of Attorney, are now in force. -) " �� rn� Signed and sealed at the City of Hartfordl Dated the o� day 1 4w is - ++ '.+: David A. Johnson (+e t��, g Assiaranr Secrnrary Form S-35074 (HCh Printed in U.S.A.`;r (THIS PAGE LEFT BLANK INTENTIONALLY) PAYMENT BOND 7 -14- (THIS PAGE LEFT BLANK INTENTIONALLY) r" 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, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis- trators, 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 day of 14to r t 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. F f 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 sub -contractor in the prosecution of the work provided for in said con- s tract, then, this obligation shall be void; otherwise to remain in full force and effect; i 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. -15- 1N WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 19_ Surety Principal *By: (Title) By: (Title) By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des- ignates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety -- *By: (Title) Approved as to form: City of Lubbock By: City Attorney *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation, if signed by an Attorney in Fact, we must have copy of power of attorney for our files. -16- e 7 PERFORMANCE BOND -17- (THIS PAGE LEFT BLANK INTENTIONALLY) r F 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(&), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars (S ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra- tors, 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 _ day of , 19_,, 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 faithfully per- form 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 IE( 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 , 19_ Surety *By: (Title) Principal By: (Title) By: (Title) By: (Title) -18- The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our fifes. -19- CERTIFICATE OF INSURANCE .20- (THIS PAGE LEFT BLANK INTENTIONALLY) i i 'Ii41 iR �.:`�....�1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ISSUE DATE OF THIS CERTIFICATE NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 10-17-91 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD ANY OF THE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, ISSUED AT THE ISSUING COMPANY WILL MAIL DAYS WRITTEN NOTICE TO THE _ CERTIFICATE HOLDER NAMED: to 39 LUBBOCK. TX ,CERTIFICATE HOLDER" CITY OF LUBBOCK PO BOX 2000 TEXAS EMPLOYERS' INDEMNITY CO. - DALLAS, TX LUBBOCK, TX 79467 2� EMPLOYERS CASUALTY COMPANY • DALLAS, TX 3� EMPLOYERS NATIONAL INSURANCE CO. • DALLAS, TX EMPLOYERS CASUALTY CORPORATION • DALLAS, TX ® EMPLOYERS NATIONAL INS. CORP. • DALLAS, TX INSURED TEXAS ROOFING COMPANY Q EMPLOYERS OF TEXAS LLOYD'S • DALLAS, TX , BOX 2156 LUBBOCK, TX 79408 Author asen4tive (Si9md) Carl Luckenba.ch _-A;UVIZfiA ES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITH- STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO 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. TYPE OF INSURANCE CO. NO. POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS STATUTORY WORKERS' COMPENSATION AND 2m581* 02/01/91 02/01/9 $ (EACHACciDENT) a (DISEASE - EACH EMPLOYEE) EMPLOYERS' LIABILITY : r noo (DISEASE - POLICY LIMIT) GENERAL UABIUTY E418933 02/01/91 02/O1/9 GENERAL AGGREGATE s00 PRODUCTS-COMPAPS AGGREGATE ; COA"QkLGFNERV.LIAMffY y$ PERSONAL i ADVERTISING INAJRY $ EACH OCCURRENCE $ 0AMAS{CCNMACT=FP0WWE FIRE DAMAGE (ANY ONE FIRE) $ 50 MEDICAL EXPENSE (ANY ONE PERSON) $ AUTOMOBILEUABIUTY ANY AUTO CSL BODILY ALL OWNED AUTOS SCHEDULED AUTOS INJURY (PER PERSON) $ HIRED AUTOS BODILY INJURY (PER NON -OWNED AUTOS ACCIDENT) $ PROPERTY GARAGE LIABILITY DAMAGE ; <;'.^•,,<?a;'';^;'<%';i EXCESS UABIUTY EACH AGGREGATE OCCURRENCE AU 3449684 02/01/91 02/01/9 .'>' << `!' $ 1, 000 s 1,000 OTHEATHI MBRELLJIFORM OTHER OWNERS & CONTRACTO S $1000 AGGREGATE PROTECTIVE 2 2414230 03/20/91 03/20/92 $ 500,EACH OCCURRENCE *EXCLUDES MASTERS AND MEMBERS OF CREWS OF VESSELS. CC: H. 0. REJECTED RISK UNIT CC: NGA ENEC 17993-C (3-90) No Text F F F CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 10-17-91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE The Shropshire Agency, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P . 0. Box 10428 POLICIES BELOW. Lubbock, Texas 79408 COMPANIES AFFORDING COVERAGE 8o6-763-7311 COMPANY A LETTER United States Fidelity Guaranty Company COMPANY B INSURED LETTER Texas,'Roof i ng Company COMPANY C P. 0. Box 2156 LETTER Lubbock, Texas 79408 COMPANY D 806-747-2981 LETTER 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 (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY -COMBINED SINGLE $ A X ANY AUTO 1 TB 13029442800 10-14-91 10-14-92 LIMIT 1,000,000. X ALL OWNED AUTOS BODILY INJURY i X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE —POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: Re -roof Garden b Arts Building Additional Insured: City of Lubbock CERTIFICATE HOLDER CANCELLATION City Of Lubbock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Lubbock, Texas MAIL 30 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 THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHWIZED REPJWSENTATIYJF ACORD 2S-S (7/90) VAC 0 0 CORWRATION 1990 (THIS PAGE LEFT BLANK INTENTIONALLY) INSURANCE BINDER # ISSUE DATE (MMIDDNY) 10 -17-91 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY BINDER NO. The Shropshire Agency, Inc. Aetna Casualty & Surety P. O. Box 10428 EFFECTIVE—— DATE TIME Lubbock, Texas 79408 X AM X 12.010 10-28-91 12:01 Pm 12-12-91 NOO1 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED CODE SUB -CODE COMPANY PER EXPIRING POLICY NO. , DESCRIPTION OF OPERATIONSIVEHICLESIPROPEAfy�(Including Location) INSURED Builder's Risk Re -roofing Garden and Arts Texas Roofing Company and City of Lubbock as owner Center Building P. 0. Box 2156 Lubbock, Texas 79408 COVERAGES �LIMJTS TYPE OF INSURANCE COVERAGEIFORMS AMOUNT DEDUCTIBLE COINSUR. PROPERTY CAUSES OF LOSS BASIC BROAD V SPEC.. Installation Floater- All -Risk '$8647.00 $1000. 100% GENERAL Ll 4FALIT Y GENERAL AGGREGATE 6 COMMERCIAL GENERAL LIABILITY PRODUCTS — COMP/OP AGG. S CLAIMS MADE 1 OCCUR PERSONAL & ADV. INJURY 01 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE FIRE DAMAGE (Any one fire) S RETRO DATE FOR CLAIMS MADE: LIED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE III HIRED AUTOS MEDICAL PAYMENTS 6 NON -OWNED AUTOS PERSONAL INJURY PROT. S GARAGE LIABILITY UNINSURED MOTORIST AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COL, OTHER EXCESS LIABILITY EACH OCCURRENCE 6 UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF -INSURED RETENTION $ STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND EMPLOYER'S LIABILITY DISEASE -POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ SPECIAL CONDITIONS/OTHER COVERAGES &JAME & ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN 0 AUTHORIZED REPRES ATIVE ACORD 75-S (7/90) CACORD RPOTION 1991 CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. APPLICABLE IN NEVADA _ Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of Insurance for actual damages sus- tained therefrom. AN ;r ti ACORD 755 (2/88) ' N N L— L-.- I l-..-- L— i..._..._.... L-- a i L— L-,— ice-_. L— L— (THIS PAGE LEFT BLANK INTENTIONALLY) t d CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this October 10, 1991, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and TEXAS ROOFING CO. of the City of LUBBOCK,-County of LUBBOCK and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol- lows: BID # 11511 - ROOFING PROJECTS FOR VARIOUS CITY BUILDINGS PROJECT IN THE AMOUNT OF $8,647.00 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 executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTE T: Z y AS TO CONTENT: AS TO F6RM: ATTESTT--� A 1 Corpyrate Secretary CITY OF LUBBOCK, TEXAS (OWNER) 1 J:By�• TEXAS ROOFING CO. CONTRACTOR By. Cam—►- �— -`ems TITLE:�� ' COMPLETE ADDRESS: PO BOX 2156 LUBBOCK, TX 79408 -23- (THIS PAGE LEFT BLANK INTENTIONALLY) GENERAL CONDITIONS OF THE AGREEMENT r -24- (THIS PAGE LEFT BLANK INTENTIONALLY) F GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con- tract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: TEXAS ROOFING COMPANY who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to JERRY SMITH, DIRECTOR OF BUILDING SERVICES, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect construc- r" tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner urAer ` the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 1. 5. INTERPRETATION OF PHRASES rWhenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na- ture, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. owner shall have no re- sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments r" due Subcontractor. i -25- 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. S. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract docu- ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and —~ quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu- ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly Locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract docu- ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques; sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract docu- ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. -26- LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence- ment of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Con- tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre- sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa- tive at Contractor's expense. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY n 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 is stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc- tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the l Contractor a written decision on all claims of the parties hereto and on all questions; which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may ' be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION f It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Con- tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors r 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. 7 -2T- 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 perform.inc a of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Con- tractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING -� It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate- ` vials 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. 1a. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or mien shall be discharged from the work and shall not again be employed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur- nish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it Is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall_at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION, _ Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. _ -28- r a 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am- ple notice as to the time each part of the work will be ready for such observation. owner or Owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre- sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa- tive to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish owner or owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be.required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or �.. consent of the Owner or Owner's Representative, it must, if requested by the owner or Owner's Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective `cork 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. l 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the some, shall be deemed by the Owner or Owners' Representative as un- suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after C receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re- build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur- ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, r in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in- crease the amount of work, and the increased work can fairly be classified under the specifications, such 1 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 1 -29- case the Owner shall make such changes or alterations as shall make useless any work already done or mate- rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material or tabor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa- tive when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shalt be determined by the following methods. Method (A) - By agreed unit prices; or Method (0) - By agreed lump sum; or _ Method (C) if neither Method (A) or Method (B) be agreed upon before the extra work is com- menced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this para- graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as .foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and at( 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 shalt be made available to the Owner's -- Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat- ters shall be determined by the Contractor. unless otherwise agreed upon, the prices for the use of machin- ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com- pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In _ case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre- sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in- sists upon its performance, the Contractor shall proceed with the work after making written request for written order and shalt keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi- tration as herein below provided. -30- li 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by owner's Representative. if the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any re- quest for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci- fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27, PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem- nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or r claims of any character whatsoever, brought for or on account of any injuries or damages received or sus- tained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the r project which is the subject matter of this contract, on account of the failure of Contractor or any subcon- tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including PM attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work pro- gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. -31- 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au- thorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion S Collapse Hazard Underground Damage Hazard Products 8 Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion loci' waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, ES00,000 per occurrence, and $100,000 for Property _ Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,000 - Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non - owned Vehicles. The City is to be named as an additional insured on this policy for this specific Job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten- tiat toss) naming the City of Lubbock as insured. — -32- F r E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amouait of ($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen- sive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific Job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any Sub- contractor on the job with Employers Liability of at least $100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named In- 7 sured at the address shown in the bid specifications. L (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) con- tained in the job specifications. No substitute of nor amendment thereto will be accept- able. 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness 7 within five (5) days after demand is made, then Owner may, during the period for which such indebtedness k -33- 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 ell communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten- tee or Owner thereof. The Contractor shall,defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that .Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm- less from any loss on account thereof. If the material or process specified or required by Owner is an in- fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 31. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs: any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in- sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 32. ASSIGNMENT AND SUBLETTING _ The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential _ conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper.extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con- sideration for the awarding of this contract, the owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (ONE .HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages -34 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 com- pletion of the work described herein is reasonable time for the completion of the same, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this Local- ity. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica- bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus- tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 34. TIME AND ORDER OF COMPLETION !'^ It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and In such manner as shall be most conductive to economy of construction; provided, however, that the order and �. time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in r accordance with this contact, the plans and specifications, and within the time of completion designated in ' the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at ` which the Contractor will start the several parts of the work and estimated dates of completion of the sev- eral parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove r. set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex- tension of time, submitting therewith all written justification as may required by owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re- ceipt of a written request for an extension of time by the Contractor supported by all requested docu-mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. r 36. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within ~ the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in- cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge r -35. shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the Judgment of the owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals of- fered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. _ 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be Liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor 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. 40. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de- fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con- tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. r i i 41. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica- tion for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par- tial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound ma- terials delivered on site of the work that are to be fabricated into the work. The 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 At previous payments and ell further sums that may be retained by owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per- centage due Contractor. 42. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 43. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be- fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this con- tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi- tions (if any) of this contract or required in the specifications made a part of this contract. r 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK t. . Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other r' contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the owner or the owner's Representative, Owner may remove and replace it at Contractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the r -37- date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de- fects with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole cr part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 47. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the owner's Representative. It is further agreed that final acceptance of the work by the owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shalt be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named In writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de- cision of the owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei- ther,party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar- biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. .38- The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar- biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be trade in writ- ing and shall not be open to objection on account of the form of proceedings or award. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or- ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup- plies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense f is less than the sum which would have been payable under this contract, if the same had been com- pleted by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been com- pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The owner, under sealed bids, after notice published as required by law, at least twice in a newspa- per having a general circulation in the County of location of the work, -may let the contract for the completion of the work under substantially the same terms and 'conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. 1 -39- In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net 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 machin- ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other then the Contractor or his Surety, to their proper owners. 50. ABANDONMENT By OWNER F " 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 0 0) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorpo- rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con- tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the -" event said contract price exceeds $25,000.00. if the contract price does not exceed $25,000.00, the statu- tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur- ther agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS in the event special conditions are contained herein as part of the contract documents and said special con- ditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. .40- rM r 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 circL=,.tance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au- thority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob- serve Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP C 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. -41- (THIS PAGE LEFT BLANK INTENTIONALLY) 7, I CURRENT WAGE DETERMINATIONS -42- (THIS PAGE LEFT BLANK INTENTIONALLY) am ' Resolution #2502 ` January 8, 1987 Agenda Item #18 t' DGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general ,prevailing rate of per diem wages for each craft or type of workmen or .'mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and ;I WHEREAS, such wage rates were established by Resolution No. 719 -enacted February 12, 1981, updated by Resolution No. 1590 enacted February 123 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: L 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 Land 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 ?lon behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. B.C. McMIINN, MAYOR Ranett6—Boyd, City Secretary G :APPROVED T- NTENT: APPROVED AS TO FORM: lit Bi i P yne, D rector of Building �IdG.iver, First Services Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified 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 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman $5.25 Asphalt Shoveler 4.75 Concrete Finisher 7.35 Concrete Finisher -Helper 4.75 Electrician 10.50 Flagger 4.75 Form Setter 6.50 Form Setter -Helper 5.50 Laborer, General 4.75 Laborer, Utility 5.80 Mechanic 6.50 Mechanic -Helper 6.00 POWER EQUIPMENT OPERATORS Asphalt Paving Machine 6.00 Bulldozer 5.25 Concrete Paving Machinist 6.50 Front End Loader 5.85 Heavy Equipment Operator 6.40 Light Equipment Operator 6.40 Motor Grade Operator 8.00 Roller 5.25 Scraper 5.25 Tractor 5.50 Truck Driver - Light 5.25 Heavy 5.25 EXHIBIT C Electric Construction Trades r Prevailing Wage Rates Craft Hourlv Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate t- The rate for overtime (in excess of forty hours per week) is l 1/2 times base rate. _ EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS -43- (THIS PAGE LEFT BLANK INTENTIONALLY) r AIRPORT WEST WING/CIVIC CENTER KITCHEN LUBBOCK, TEXAS SECTION 00851 DRAWING INDEX 1.01 DRAWINGS PSI/ROOF CONSULTING DIVISION HOBBS, NEW MEXICO A. Drawings A-1 through A-12, entitled "Reroofing Project, Airport West Wing (PSI No. 236-17147) and Civic Center Kitchen Area, (PSI No. 236-17173), Lubbock, Texas", dated August 1991, form a part of the contract documents. 00851-1 (THIS PAGE LEFT BLANK INTENTIONALLY) AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION LUBBOCK, TEXAS HOBBS, NEW MEXICO SECTION 00900 ADDENDA AND MODIFICATION 1.01 CHANGES TO BID DOCUMENTS A. Changes to contract documents prior to bidding will be by addendum issued by owner. Prospective bidders shall acknowledge receipt of all addenda on bid forms. OA a r 00900-1 (THIS PAGE LEFT BLANK INTENTIONALLY) r AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION r- LUBBOCK, TEXAS HOBBS, NEW MEXICO DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 r SUMMARY OF WORK !- 1.01 SCOPE F A. Type of Contract - Lump Sum. B. Description - The work included in this contract for this project consists of furnishing all labor, materials, services, equipment, and appliances required in conjunction with or properly incidental to the work, as shown and described in the drawings and specifications entitled "Reroofing Project, Airport West Wing and Civic Center Kitchen Area, Lubbock, Texas". All work shall be performed in conformance with the plans and specifications dated August 1991, addenda thereto, and any change orders that may be issued. C. Contractor's Duties 1. Except as specifically noted, provide and pay for (a) labor, materials and equipment, (b) tools, construction equipment, and machinery, (c) water, heat, and utilities required for construction, (d) other facilities and services necessary for proper execution and completion of work. 2. Secure and pay, as necessary, for the proper execution and completion of work, at time of receipt of bids, (a) permits, (b) government fees, (c) licenses. 3. Give required notices. 4. Comply with codes, ordinances, rules/regulations, orders and other legal requirements of public authorities which bear upon performance of work. 5. Enforce strict discipline and good order among employees. Do not employ (a) unfit persons, (b) persons not skilled in assigned task. 1.02 CONTRACTS A. Construct work under single lump sum contract. 1.03 WORK BY OTHERS A. Electrical, mechanical, and plumbing. r 01010-1 AIRPORT WEST WING/CIVIC CENTER KITCHEN LUBBOCK, TEXAS PSI/ROOF CONSULTING DIVISION HOBBS, NEW MEXICO 1.04 OWNER -FURNISHED PRODUCTS A. None. 1.05 CONTRACTOR USE OF PREMISES A. The contractor will note that the building will be occupied and in use during construction operations. The contractor will work closely with The City of Lubbock, and their staff during the construction work. B. Any damage to the existing property shall be repaired prior to — final acceptance. ateIIega k AIRPORT WEST WING/CIVIC CENTER KITCHEN LUBBOCK, TEXAS i PSI/ROOF CONSULTING DIVISION HOBBS, NEW MEXICO SECTION 01210 PRECONSTRUCTION CONFERENCE 1.01 PRECONSTRUCTION CONFERENCE A. The general contractor and job site superintendent shall attend ( a preconstruction conference prior to the performance of any roofing work. The owner will notify the contractor prior to t. the meeting. The material manufacturers selected by the r contractor shall be present at the preconstruction conference. 1.02 PROGRESS MEETING Poo C A. During the course of the construction work, the contractor shall schedule two (2) visits from the representative of the material manufacturer. The contractor shall notify the 1, engineer ten (10) days in advance of material manufacturer representative's scheduled inspection. l: 1' �I. t i PM s 01210-1 1 (THIS PAGE LEFT BLANK INTENTIONALLY) AIRPORT WEST WING/CIVIC CENTER KITCHEN LUBBOCK, TEXAS SECTION 01300 SUBMITTALS PSI/ROOF CONSULTING DIVISION HOBBS, NEW MEXICO 1.01 CONSTRUCTION SCHEDULES A. The contractor shall submit a construction schedule showing starting dates and completion dates for each phase of construction work. 01300-1 (THIS PAGE LEFT BLANK INTENTIONALLY) r a 19 AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION LUBBOCK, TEXAS HOBBS, NEW MEXICO SECTION 01500 CONSTRUCTION FACILITIES AND UTILITIES 1.01 ACCESS A. The contractor shall provide workmen and inspectors with safe access to all roof surfaces. Access to roof surfaces shall be over perimeter edge through the use of OSHA -approved ladders. B. Contractor's Access Area 1. The contractor will be required to limit his access to the construction areas as directed by the contracting party. The areas shall be clearly identified by signs as a danger area. All persons entering these areas will be required to wear hard hats. These areas will be restricted for the contractor's vehicles, asphalt kettles, material storage and other equipment. The contractor shall daily clean the areas of any debris generated by the construction of these projects. 2. The workmen shall not enter the interior area of the building unless working on pipes or vent connections for mechanical units. Upon completion, these areas shall be thoroughly cleaned of all dirt, dust, bituminous material and debris. 1.02 LATRINES Ir, A. The contractor shall provide latrines for the use of his employees. Contractor's employees will not be allowed to use building facilities. t 1.03 SECURITY A. Access to the roof surfaces will be limited to designated representatives of The City of Lubbock, representatives of PSI/Roof Consulting Division, workmen and representatives of the Contractor, and representatives of the material manufacturer providing the material. Any individuals requesting permission to visit the project sites other than those mentioned shall request permission from the contracting party, and PSI/Roof Consulting Division. B. The contractor shall assume full responsibility for protection and safekeeping of materials and/or equipment stored on premises. The City of Lubbock will assume no responsibility for security of materials and/or equipment. d 01500-1 (THIS PAGE LEFT BLANK INTENTIONALLY) AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION LUBBOCK, TEXAS HOBBS, NEW MEXICO SECTION 01600 HOIST EQUIPMENT 1.01 HOIST EQUIPMENT A. Rooftop hoisting equipment shall be properly assembled and maintained. Only employees of the contractor that are thoroughly familiar with hoisting equipment shall operate such equipment. All such equipment shall be erected and supported so that it will not damage the existing structural deck or new roofing. 01600-1 (THIS PAGE LEFT BLANK INTENTIONALLY) AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION LUBBOCK, TEXAS HOBBS, NEW MEXICO SECTION 01700 1 CONTRACT CLOSEOUT 1.01 FINAL INSPECTION A. Upon completion of all work relating to these projects, the Engineer will notify the Contractor for date of final inspection. Representative of the Contractor and material manufacturer shall be present for final inspection. During final inspection, a punch list of items to be completed will be generated and presented to the Contractor. All items will be completed before final acceptance. 1.02 WARRANTIES A. Contractor's Guarantee - Upon completion of the project, submit to the Engineer, in triplicate, a guarantee on the roofing Contractor's business letterhead. The guarantee shall contain the following: Re: Reroofing Project Airport West Wing Lubbock, Texas �... THE ROOF WORK WHICH HAS JUST BEEN COMPLETED IS GUARANTEED FOR A PERIOD OF TWO (2 ) YEARS FROM THE DATE OF COMPLETION AND FINAL k ACCEPTANCE. The warranty is to be assignable without charge if the intended use of the building remains similar and consistent with its usage at the commencement of the warranty. The c: Contractor warrants that all work performed under this contract conforms to the contract requirements and is free from any defective material or workmanship performed by the Contractor. Under this warranty, the Contractor shall remedy, at own expense, any such failure. Failure shall be defined as water �. leakage at any point within the building through the roofing # system, at its associated flashing, and sheet metal work. Failure shall also be defined as blistering, splitting, bitumen drippage, buckles or wrinkles, slippage of the new roof membranes, foam delamination, coating failure, or pinholing. i The Contractor will be required to make temporary repairs within forty-eight (48) hours of notice of roof failure. Upon r completion of temporary repairs, the Contractor will repair C that area of the roof affected by the failure to the original condition within a period of seven (7) days. f BY: (officer in Corporation) (Corporate Seal) (NOTARIZED) 01700-1 AIRPORT WEST WING/CIVIC CENTER KITCHEN LUBBOCK, TEXAS PSI/ROOF CONSULTING DIVISION HOBBS, NEW MEXICO B. Manufacturer's Roof Guarantee: In addition to Contractor's Guarantee, the Contractor shall furnish an unlimited penal sum material manufacturer's roof guarantee. Guarantee shall be for a minimum of ten (10) years and shall include a flashing endorsement. Guarantee shall cover workmanship and materials. 1.03 CLEANING A. The contractor shall thoroughly clean the contractor's access areas of all trash, debris, dust, dirt, etc. upon completion of the contract. The contractor shall clean any stains on perimeter walls resulting from the contractor's work. Perimeter -{ walls shall be cleaned to the satisfaction of PSI/Roof Consulting Division and The City of Lubbock. Replace any damaged landscaped areas surrounding the perimeter of the projects to the complete satisfaction of PSI/Roof Consulting Division and The City of Lubbock. B. To ensure maximum safety, sanitation, and a reasonably neat appearance at all times, clean up all materials and debris left over from the existing roof removal and new roof construction at the close of each day, haul away material and debris from sites and dispose of, at Contractor's expense, at legal dump sites. 01700-2 r r' r AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION LUBBOCK, TEXAS HOBBS, NEW MEXICO SECTION 07510 BUILT-UP BITUMINOUS ROOFING PART I - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE A. Sheet Metal Work... Section 07600 1.02 APPLICATOR'S QUALIFICATIONS A. Contractor shall submit, with his bid, evidence that his company is an approved roofer for the material manufacturer providing the roof guarantee. 1.03 SUBMITTALS A. Prior to application of any roofing materials, the roofing contractor shall submit to the engineer the materials manufacturer's literature and descriptive information as to the materials proposed for the roofing projects. B. Certification that materials meet ASTM and Federal specifications. C. Manufacturer's recommended instructions for installation of membrane. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. 'Contractor shall store material in accordance with material manufacturer's recommendation. B. All felt rolls, insulation, and.water-sensitive products shall be protected from the elements at all times. C. Felt rolls shall be stored on end and off ground. D. Material shall be labeled for ready identification. Labels shall include name of manufacturer and name and number of the product. E. The contractor shall store only that material on the roof surface that can be used in one day. 07510-1 AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION LUBBOCK, TEXAS HOBBS, NEW MEXICO - F. The material stored on the roof surface shall be scattered over the roof deck to avoid damage to the structural roof system. -' Concentrated loads of high magnitude will not be permitted on the roof. G. The contractor shall use extreme care in transporting materials across the roof surface. The contractor may have to make temporary repairs to damaged areas of the existing built-up roof or urethane where workmen have damaged the existing built-up roof in transporting materials. H. The contractor shall furnish all required storage enclosures and safeguards. 1.05 ENVIRONMENTAL REQUIREMENTS ~ A. Minimum Ambient Temperature for Application - Contractor shall not install any built-up roofing material or roof insulation at -` temperatures below 400 F. It will be the contractor's responsibility to determine when weather conditions are acceptable for application of roofing system.- -- B. Contractor shall keep the building interior protected at all times from the elements. PART II - PRODUCTS 2.01 ASPHALTIC MATERIALS A. Primer: ASTM D 41. B. Asphalt: ASTM D 312, Type'III. C. Felt: ASTM D 2178, Perma Ply IV, Owens-Corning Fiberglas, or approved equal. D. Base Sheet: Perma Ply No. 28, Owens-Corning Fiberglas, or approved equal. E. Base Flashing: Three -Ply Fiberglas Top -Coated. No torch -on modified bitumen permitted. F. Walkpad: 5/8" Evanite. G. Plastic Cement: Federal specification SS-C-153, Type I, or -- approved equal; non -asbestos fibrated. H. Wood Fiber Cants: LLL-I-535. 07510-2 AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION i` LUBBOCK, TEXAS HOBBS, NEW MEXICO I. Insulation: 1. 3' X 4' X 3/411, LL-I-535, Wood fiber. 2. Tapered Edgestrip - 210" taper, wood fiber. 3. 3' X 4' X 3/411, HHI-5296, perlite. J. Roof Coating: ASTM D 2824, Type III, fibrated; minimum two (2) pounds per gallon aluminum flake, (non -asbestos only). �. K. Red Rosin: Five (5) pounds per square. i L. Oakum: To seal penetrations. 2.02 GRAVEL A. ASTM D 1863: 3/8" - 5/811; submit sample; light in color. 2.03 WOOD - NAILERS, CURBS, CANTS A. Treated Wood: AWPI LP-2. B. Plywood: Exterior Grade, CDX. C. Wood Cants: Treated AWPI LP-2 r 2.04 FASTENERS A. Insulation: OCF Glasfast with plastic stress plates. ` B. Wood Nailers: 1/4" toggle bolts. C. Base Sheet: Tube-Loc Nails (lightweight concrete); 1" Simplex Nails with caps (wood deck). rr i D. Self -Tapping Screws. E. Wood Screws. F. 3/16" Lag Screws. 2.05 EMERGENCY SUPPLIES A. Temporary Roof Patch: Seal-X t-r-p, American Colloid Company (312) 966-5720; four (4) 25-pound sacks. �- ! B. All Weather Plastic Cement: two (2) 5-gallon containers. C. Tarps: Two (2) 20' x 100' Plastic. D. Water pumps: Two (2) 30-gallon per minute capacity. r" E. Hoses: Two (2) 500 hoses. i Y 7 07510-3 AIRPORT WEST WING/CIVIC CENTER KITCHEN LUBBOCK, TEXAS 2.06 MISCELLANEOUS A. Angle Iron: 2" x 2" x 3/16" x 311. PSI/ROOF CONSULTING DIVISION HOBBS, NEW MEXICO B. Expansion Joint: Manville Style CF, curb -to -curb. C. Batt Insulation: Vinyl -backed fiberglas. D. Conduit: Match existing. PART III - EXECUTION 3.01 SEQUENCE OF OPERATIONS A. The Contractor shall not use a completed roof surface as an area for transporting or storing roofing materials: B. The Contractor shall schedule his work and maintain a sufficient work force to substantially complete the reroofing work on a day-to-day basis. This includes removal and replacement of built-up roofing, insulation, wood nailers, cants and flashings. C. Work under mechanical units shall be completed prior to beginning field work. D. The contractor shall fully complete work in one area prior to proceeding to the next area. The contractor shall only work in one area at a time. 3.02 PREPARATION OF ROOF SURFACE AREA A. The contractor shall remove all existing roof material from the roof areas indicated. The existing deck shall be thoroughly broomed clean of all debris, dust, dirt, and aggregate. The contractor shall repair any damaged areas. Gypsum deck shall be repaired with Pyrofil. Pyrofil shall dry a minimum of two (2) hours. Metal deck damaged areas exceeding two (2) square feet shall be replaced with material to match the existing deck. Metal deck damaged areas measuring less than one (1) square foot shall be covered with sheet metal screw -fastened to the deck. B. Removal of existing roofing over the perimeter edge shall be by means of a trash chute or enclosed containers. The contractor -- shall use extreme care in removing materials from the roof ' surface to trash trucks. Damage to exterior walls shall be repaired by the contractor. _ 07510-4 i AIRPORT WEST WING/CIVIC CENTER KITCHEN LUBBOCK, TEXAS PSI/ROOF CONSULTING DIVISION HOBBS, NEW MEXICO C. The contractor shall not remove any more existing material than can be properly protected with a completed built-up roof on the same day. Once the tear -off operation begins, the contractor assumes full responsibility for leakage in these areas. D. All roof debris becomes the property of the roofing contractor. Debris shall be removed on a daily basis. E. Contractor shall verify with owner all abandoned items to be removed from roof surface. Repair decking according to 3.02A as required. 3.03 TEMPORARY WATER STOPS A. Water stops consisting of FOUR (4) PLIES of fiberglass membrane and moppings of asphalt shall be applied at the end of each day's work over exposed areas of roofing felt. Felt plies shall be 9111 18110, 27114, and 36". The four plies of membrane shall extend onto the new roofing and over and onto the adjacent existing roofing after the surface has been thoroughly cleaned of all gravel, dust, dirt, and debris. The temporary measures shall be removed prior to the resumption of any additional work. LEAKAGE AT THIS POINT IS THE SOLE RESPONSIBILITY OF THE ROOFING CONTRACTOR. B. The contractor shall keep two (2) thirty-three gallon per minute water pumps on the roof at all times. C. The contractor shall keep two (2) 20' X 100' plastic tarps on the project at all times. D. The contractor shall keep on the project site four (4) 25-pound sacks of Temporary Roof Patch emergency waterproofing product. The product shall be kept dry and on the roof surface at all times throughout the course of the project. The contractor may obtain product information from American Colloid Company at (312) 966-5720. E. The contractor shall keep two (2) 5-gallon containers of All Weather Plastic Cement on the project site at all times for use in emergency situations. F. Water diverters shall be installed on the building interior under the area of work on a day-to-day basis. A minimum of two (2) 6' x 10' water diverters shall be installed and in operation under the roofing operation. 3.04 BITUMEN HEATING j" A. Asphalt shall not be heated above 525' F. or applied at a temperature below 4000 F. f 07510-5 AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION LUBBOCK, TEXAS HOBBS, NEW MEXICO B. The contractor may obtain Equiviscous Temperature (EVT) information from the asphalt manufacturer. If EVT information is available, the contractor may heat asphalt within these limits. C. Asphalt shall be delivered to the point of application at a temperature recommended by the material manufacturer. D. The contractor shall use thermostatically controlled pumper - type heating kettles. All kettles shall be equipped with a calibrated thermometer. E. The contractor shall maintain a minimum of three (3) thirty pound fire extinguishers on the project at all times. One fire extinguisher shall be kept with each heating kettle and one on the roof surface near each roofing operation. 3.05 ROOF SYSTEMS (BASE BID) A. 1) LIGHTWEIGHT CONCRETE DECK: After proper examination and repair of deck, base ply should be unrolled andallowedto relax. Nail base sheet nine inches (911) on center at side laps and stagger nail maximum twelve inches (1211) on center two (2) lines eleven inches (1111) to thirteen inches (1311) from each edge of the base ply. Set one (1) layer of 3/4" perlite insulation in hot thirty (30) pound mopping of Type III asphalt with the mopping surface on top. End joints of each course shall be staggered. All edges of insulation shall rest on a bearing surface. 2) METAL DECK: Sweep clean deck of all dirt and debris. Mechanically fasten first layer of 3/411 wood fiber insulation to deck using one (1) fastener every two (2) square feet. Second layer of 3/4" wood fiber insulation shall be set in hot uniform thirty (30) pound mopping of Type III asphalt with the mopping surface on top. Second layer of insulation shall be applied so joints offset a minimum of six inches (611) from first layer. 3) WOOD DECK: Sweep clean deck of all dirt and debris. Verify deck is supported and secured. Repair any damaged decking. Upon completion of repairs, Contractor shall apply red rosin with two inch (211) side laps and four inch (411) end laps; tack into place. Allow base ply to relax unrolled prior to attachment. Apply base ply with two inch (211) side laps and four "inch (411) end laps; mechanically secure maximum nine inches (911) on center of side laps and a maximum of eighteen inches (1811) on center on two (2) lines eleven inches (1111) to thirteen inches (1311) from each edge staggered; mechanically fasten using one inch (111) Simplex capped nails. Upon completion of base sheet, the Contractor shall then set 3/41, perlite insulation in a hot uniform thirty (30) pound mopping of Type III asphalt with the mopping surface on top. End joints of insulation shall be staggered. 07510-6 I PW u AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION Ir"k LUBBOCK, TEXAS HOBBS, NEW MEXICO B. At all intersections of the roof at vertical surfaces, wood fiber cants shall be installed. The Contractor shall set all ` cants in a full mopping of asphalt on top of the wood nailer. C. Over properly installed insulation, Contractor shall install four (4) plies of Perma Ply IV fiberglass felt, or approved equal, in shingle fashion set in asphalt. Each ply of felt shall lap the preceding ply of felt by 27-1/2" and shall result in an 8-1/2" lap exposure. PHASE APPLICATION WILL NOT BE ALLOWED. ` 3.06 BID OPTION #1 (LIGHTWEIGHT CONCRETE DECK;. WOOD .DECK) A. Over properly installed base sheet, the Contractor shall install three (3) plies of Perma Ply R fiberglas felt in shingle fashion set in asphalt. Each ply of felt shall lap the preceding ply of felt by 24-2/3" and shall result in an 11-1/3" lap exposure. PHASE APPLICATION WILL NOT BE ALLOWED. 3.07 APPLICATION OF GRAVEL A. Gravel shall be thoroughly clean and dry at the time of application. B. Storage plies of gravel surfacing shall be placed on sections which have been first poured and mopped with bitumen. Aggregate shall not be placed directly on bare felts at any time. Storage of aggregate on plywood runways is acceptable. Windrowing of gravel in acceptable on protected surfaces. The Contractor is cautioned not to store any more gravel or aggregate in one area than the building structure can withstand. C. Flood the completed roof surface with approximately sixty (60) pounds of Type III asphalt per square, and while the asphalt is hot and fluid, install approximately four hundred (400) pounds of aggregate per square. 3.08 APPLICATION OF BITUMINOUS FLASHINGS AND SHEET METAL A. Metal flanges shall be pre -primed with asphaltic primer on both sides. Metal flanges shall be set in a full troweling of plastic cement and nailed three inches (311) on center. The flange shall be stripped off with two (2) plies of fiberglass felt, one twelve inches (1211) and one eighteen inches (18"), set in plastic cement. Plies of fiberglass felt shall not exceed twelve feet (12") in length. (Coordinate with Section 07600.) 07510-7 AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION LUBBOCK, TEXAS HOBBS, NEW MEXICO B. BASE FLASHINGS (THREE-PLY TOP -COATED) 1. Embed one (1) ply not more than twelve feet (121) long in a smooth, uniform layer of hot Type III asphalt applied at the rate of twenty-five (25) pounds per one -hundred (100) square feet, or a uniform layer of flashing cement. Lap end laps a minimum of three inches (301). The material should extend from a point not less than four inches ( 4 1' ) above the top of the cant to a point on the finished roofing plies at least two inches (211) beyond the toe of the cant. 2. Embed successive plies not more than twelve feet (121) long in a smooth, uniform layer of hot Type III asphalt applied at the rate of twenty-five (25) pounds per one -hundred (100) square feet, or a uniform layer of flashing cement. Lap end laps a minimum of three inches (311), and stagger twenty-four inches (2411) from the preceding end laps. This ply should extend one inch (111) further up the vertical wall and one inch (111) further out over the finished roofing plies than the preceding ply. 3. Nail through plies with large head nails, maximum six inches (611) on center, one inch (111) below the top edge. Coat entire top ply with uniform layer of flashing cement or a uniform layer of hot Type III asphalt applied at the rate of 25 pounds per one -hundred (100) square feet. C. All base flashings shall be coated with aluminum roof coating at the rate of one (1) gallon per 'square. 3.09 LAB ANALYSIS A. PSI/Roof Consulting Division and The City of Lubbock reserve _ the right to remove five (5) 12" x 12" or 411 x 40" samples from the roof for laboratory analysis. The sample will include felts and insulation. The contractor shall remove areas selected by PSI/Roof Consulting Division and replace materials with identical roofing materials as installed. Roofing felts shall extend 611, 1211, 1811, and 2411 past the sampled areas. 3.10 SAFETY A. The contractor shall note that the contracting party and PSI/Roof Consulting Division assume no responsibility for the safety of the contractor's employees. SAFETY OF THE CONTRACTOR'S EMPLOYEES IS SOLELY THE RESPONSIBILITY OF THE — ROOFING CONTRACTOR. 07510-8 '� r� AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION LUBBOCK, TEXAS HOBBS, NEW MEXICO 3.11 ELECTRICAL A. All damage to electrical components shall be replaced by a licensed electrician at the roofing contractor's expense. B. All associated electrical work shall be performed by a licensed electrician. 07510-9 (THIS PAGE LEFT BLANK INTENTIONALLY) r AIRPORT WEST WING/CIVIC CENTER KITCHEN PSI/ROOF CONSULTING DIVISION #+ LUBBOCK, TEXAS HOBBS, NEW MEXICO t, I SECTION 07600 SHEET METAL WORK PART I - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE A. Built -Up Bituminous Roofing .......................Section 07510 1.02 SUBMITTALS A. Shop Drawings: Shop drawings for each new sheet metal flashing installed. The contractor will note that the drawings are approximate. The contractor must verify all field conditions ' by personal inspection. PART II - PRODUCTS 2.01 SHEET METAL A. 24 Gauge Metal: 24 gauge galvanized metal, unless otherwise shown on plans, approximate thickness .0239"; 1.1562 lbs/sq. ft.; submit sample. B. Lead: Weight, 2-1/2 lbs/sq.ft., plumbing vents, roof drains. C. Solder: ASTM D32, Alloy gauge 58, 50% tin, 50% lead. D. Finish Paint: Vinyl Acrylic Latex type, flat, containing at least 47% non-volatile content by weight and 28% by volume. 1. Pratt and Lambert - Prohide Latex House Paint or approved equal. 2. Color to be selected by The City of Lubbock. E. Sealant: Tremco Dymeric-Sealant. F. Pourable Sealer: Carlisle Sure -Seal Pourable Sealer. 07600-1 AIRPORT WEST WING/CIVIC CENTER KITCHEN LUBBOCK, TEXAS PART III - EXECUTION 3.01 INSPECTION PSI/ROOF CONSULTING DIVISION HOBBS, NEW MEXICO A. The Contractor shall thoroughly examine all surfaces that are to receive sheet metal caps, counterflashings, pitch pans, conductor heads, downspouts and bases. The Contractor will note that the plans depicting metal flashing details are approximate and must be verified by field examination and measurements. B. Prior to the application of sheet metal flashings, the Contractor shall have installed all wood nailers, cants, built-up roofing and built-up base flashings. The Contractor shall verify that all substrates are smooth and clean to the extent needed for sheet metal work. C. Contractor shall verify that all mechanical equipment is in working order prior to commencement of roofing work. Any equipment not in working order shall be submitted in writing to the engineer prior to the commencement of roofing work. It is the contractor's responsibility to insure that all mechanical equipment be in working order at the completion of the roofing project. 3.02 INSTALLATION A. Fabricate all sheet metal caps and counterf lashings in eight feet (81) to ten feet (101) lengths. Each leg of the inside and exterior corners shall be eighteen inches (1811). Corners for all wall caps shall be mitered, seamed and sealed. B. The Contractor shall install all sheet metal work in a water- tight fashion without waves, warps, buckles, fastening stresses or distortion. C. Joints: All field joints shall be lapped six inches (611) and sealed. D. Pitch Pans/Vent Bases/Mechanical Bases/Gutter, Etc.: All new _ sheet metal work for penetrations through the roof shall have vertical and horizontal seams soldered and pop riveted. Pop rivets shall be spaced no more than one inch (111) on center. _ E. Painting: ALL NEW AND EXISTING sheet metal shall be painted with two (2) coats of paint. This includes counterf lashings, pitch pans, cap flashings, conductor heads, downspouts and — gutters; color to be selected by The City of Lubbock. F. Coordinate installation of sheet metal with requirements of _ Section 07510, Paragraph 3.07A. 07600-2 MAP IN FILE SEE RESOLUTION P pow t MUNICIPLE GARDEN AND ARTS CENTER, LUBBOCK, TEXAS SPECIFICATION 520 BG: PERMAX B - BASE FRII (UL CLASS 'A') PERMAX B - FRII 1.0 MATERIAL HANDLING RECOMMENDATIONS �.. 1.1 Storage and Handling of Materials: Rolled roofing materials shall be stored on end on raised platforms and protected from the weather until fully installed in the roofing system. Materials should be used on a first -in, first -out basis to minimize handling and storage damage. All insulation materials should be protected from extended sun and moisture exposure, stored in a dry place, or fully covered on raised platforms and handled in a manner to minimize edge damage. Adhesives and plastic roofing cements should be stored in original containers with lids tightly in place protected from weather exposure. Material from damaged containers should be used first unless contaminated or hardened, in which case the materials should be removed from the site. 1.2 Asphalt Type and Heating Temperatures: Mopping asphalt used to adhere roof insulation, cant strips (where used), base plies, etc. should be Steep Grade (ASTM D-312 type III or Type IV) asphalt. Mopping asphalt used in application of PERMAX membranes or base plies, should be Steep Grade (Type III ASTM D-312) with slopes up to 1/2" in 12", and Type IV, ASTM D-312 asphalt on slopes over 1/2" in 12". Hot asphalt must be applied within the EVT range (specified by the asphalt manufacturer and supplier), and at or above the 425 degrees F minimum recommeded temperature for application of PERMAX B roofing membranes so as to adequately bond the material to the substrate and to adjacent sheets. Asphalt should be heated and then applied in accordance with the current Equiviscous Temperature (EVT) Range and recommenda- tions contained in The NRCA Roofing and Waterproofing Manual. Certification of asphalt type and EVT information shall be furnished by the asphalt supplier with all asphalt used in the roofing assembly. Asphalt should be applied in a continuous layer between plies of the roofing membrane to assure a satisfactory bond between layers of the roofing membrane. 7 Page - 1 2.0 GENERAL APPLICATION RECOMMENDATIONS FOR PERMAX MEMBRANES 2.1 General: Polymer modified asphalt roofing membranes shall be unrolled and allowed to "relax" prior to application. Application of the PERMAX membranes directly from the factory roll may increase the incidence of wrinkling in the cross machine direction during or subsequent to application. If multiple -head heat welding apparatus is to be used, the PERMAX membrane shall be unrolled, aligned and rerolled for application. If PERMAX B membrane is to be installed into hot asphalt or PERMASTIC, the PERMAX B membrane shall be unrolled, set into place and aligned over base plies prior to application of adhesive asphalt or PERMASTIC. Installer qualifications: Engage an experienced Installer ("Roofer") to perform built-up asphalt roofing work who has specialized in the installation of built-up asphalt roofing systems similar to that required for this project and who is acceptable to manufacturer of primary roofing materials. Protect other work from spillage of built-up roofing materials, and prevent liquid materials from entering or clogging drains and conductors. Replace/restore other work damaged by installation of built-up roofing system work. 2.2 Treatment of Endlaps: Two methods of installation are recognized as being acceptable for installation of non -mineral granule surfaced PERMAX membranes: 1) Offsetting of endlaps in the PERMAX membrane or 2) the use of header plies to seal butted ends of smooth PERMAX membranes. The use of header plies over butted endlaps is not recommended when mineral granule surfaced sheets are being installed. 2.2.1 Endlaps in the PERMAX membrane shall be staggered (offset) a minimum of twelve(12") inches to facilitate bonding of the membrane with minimum layers of material. Mineral or slate granules shall be treated at end lap areas by heating and embedding the granules into the modified asphalt using a trowel so that asphalt -to -asphalt fusion is attained at endlap areas. The outside edge of the bottom layer of the PERMAX membrane should be "feathered" to provide a smooth transition for the PERMAX membrane at the lap area. Special attention is required at PERMAX membrane "T" laps to assure fusion and sealing of the membrane during application. 2.2.2 Smooth or unsurfaced PERMAX roofing membrane sheets may be butted at ends of rolls and the butted joints closed by "Header" sheets installed over butted roll ends perpendicular to the roofing membrane sheets. Extreme caution must be taken at Page - 2 y k overlap areas of the header sheet to insure that the PERMAX r membrane is positively sealed in T-lap areas at the header sheet juncture. Header sheets are not recommended for mineral or slate granule surfaced PERMAX membranes. L 6 2.3 Hot Asphalt Application: All PERMAX B (SBS modified �^ asphalt) membranes may be set in hot Steep Grade (ASTM D-312 Type III or Type IV) asphalt. Asphalt shall be minimum 425 degrees F at the point of application to assure fusion of the mopping r asphalt to the polymer modified asphalt in the PERMAX B membranes. Hot asphalt may be used as the "adhesive" only for the PERMAX B membrane, with side and endlaps heat welded using a propane torch or hot air welder to assure fusion of the membrane at lap areas and to minimize the potential for a compatibility reaction between the SBS modified asphalt and the mopping asphalt. The following application technique is recommended: Unroll the factory rolls and allow the membrane to "relax" on the roof surface. Time allowed for "relaxation" will vary with ambient and roof surface temperatures. Generally, the PERMAX membrane should be warm to the touch before attempting installation. Lay the PERMAX sheets in place over the base ply(s) of the roofing membrane aligning the side edges of the sheet on the factory selvage edge of the adjacent sheet. Fold the PERMAX membrane half onto itself in the longitudinal direction and apply hot asphalt or PERMASTIC to the base ply(s) in a solid, continuous layer. Asphalt shall be applied at minimum 400 degrees F; PERMASTIC shall be applied with squeegees intended for application of PERMASTIC. DO NOT apply ashpalt or PERMASTIC to the factory selvage edges. "Roll" the sheet lengthwise into the adhesive asphalt or PERMASTIC, taking care not to entrap air between the PERMAX membrane and the adhesive. Folding the unbonded portion of the PERMAX membrane back onto itself, apply hot adhesive asphalt or PERMASTIC to the base ply(s) and "roll" the other half of the sheet into the adhesive taking care not to entrap air between the PERMAX membrane and the adhesive. The PERMAX membrane shall be lapped over factory selvage edges and over itself a minimum of four(4") inches at endlaps. Remove or embed granules from the overlap area at ends of the PERMAX membrane using heat and a trowel to provide an area for asphalt -to -asphalt bond at endlaps. "Feather" the lap area at the selvage edge side of the membrane to provide a smooth transition for the end of each adjacent roll. 2.4 Installation of Base Sheets/Glass Fiber Felts: Approved base sheets or multiple layers of glass fiber felts shall be applied over insulation surfaces in solid moppings of Type III or Type IV asphalt prior to application of PERMAX membranes EXCEPT Page - 3 insulation material provided with a factory applied polymer modified asphalt surface. PERMAX A membranes shall be heat welded to mechanically attached insulation boards with factory applied polymer modified asphalt coated surfaces. Base sheets (and red rosin sheets, if applicable) shall be mechanically attached to nailable roof decks and spot adhered to non-nailable roof decks prior to application of PERMAX membranes. Glass fiber base sheets shall be extended over the roof deck/insulation surface and allowed to "relax" prior to attachment, and all wrinkles in the base sheet shall be smoothed prior to application of the PERMAX membrane. Wrinkles in base piles•will be telegraphed through the PERMAX membrane. Mechanical attachment of base sheets shall be in compliance with current Factory Mutual System recommendations, or secured with a minimum of seventy-five(75) appropriate fasteners per 100 SF. Base plies for the PERMAX membrane should not be considered to be a temporary roof as the base plies are an inherent component of the finished Performance roofing membrane assembly. If necessary, a temporary roof consisting of a minimum of two plies of felt and asphalt may be installed to protect the interior during early stages of construction and removed prior to installation of the finsihed PERMAX roofing membrane. 2.5 Installation of PERLOK Fasteners: PERLOK fasteners are intended for securement of roof insulation boards and /or approved base plies to wood or steel roof decks. Fasteners shall be installed in the pattern and quantity recommended by the Factory Mutual System, or as included in approved assemblies listed in PERMAX roofing membrane specifications. Fastener length shall be selected such that the fastener shank penetrates the bearing surface of steel roof decks by a minimum 1/2". Fasteners shall penetrate through wood panel roof decks, and extend a minimum of one(1") inch into wood plank roof decks. 3.0 PERMASTIC 3.1 PERMASTIC Modified Bitumen Roofing Adhesive is acceptable as the adhesive used to adhere PERMAX A or B membranes as indicated in individual PERMAX roof specifications. Surfaces acceptable for application of PERMASTIC include glass fiber or polymer modified asphalt base sheets, an existing prepared smooth surfaced roof membrane, or an approved insulation. See PERMASTIC Product Data Sheet for those insulations currently approved for use with PERMASTIC. Concrete and/or masonry wall surfaces or other dusty or dirty surfaces to which PERMASTIC is to be applied shall be primed with asphalt primer applied at a nominal rate of one gallon/100 SF. Primer shall be allowed to dry prior to application of PERMASTIC. Page - 4 F t PERMASTIC shall be spread onto the substrate material by trowel or squeegee. Care must be taken not to spread adhesive onto the side or end lap areas of the PERMAX membrane. Roof membrane side and end laps shall be heat welded. Contamination of lap areas by adhesive may inhibit bonding of the lap areas during the heat welding process. 3.2 Application of the PERMAX Roofing Membrane in PERMASTIC: �^^ Rolls of PERMAX membrane shall be unrolled into position and the I Permax membrane allowed to "relax". PERMAX membrane may be shingled from the low areas on the roof or "strapped" parallel to the slope of the roof deck. Endlaps shall be staggered a minimum of twelve(12") inches. The PERMAX membrane may be adhered in two different types of application: 3.2.2 PERMAX A or B, Smooth or Granulated, Roofing Membrane Unroll the PERMAX membrane onto the substrate and allow the rolls to "relax". Lay the PERMAX membrane back onto itself in the longitudinal (roll) direction away from starter or adjacent PERMAX membrane so that the sheet is folded approximately in half. Apply PERMASTIC uniformly to the exposed substrate between the adjacent sheets at a nominal rate of 1-1/2 gallons per 100 SF, keeping side and endlap areas of the PERMAX membrane free from adhesive. Roll the PERMAX membrane onto the PERMASTIC lay the other side of the PERMAX membrane over onto the adhered side, apply PERMASTIC adhesive and set the balance of the membrane into adhesive. ( 3.3 Side and endlaps of the PERMAX membrane adhered in PERMASTIC shall be heat welded using a torch or flameless heating r- apparatus. Surfacing granules shall be treated at lap areas prior to heat fusion of laps by embedding granules into the polymer modified asphalt. 4.0 COLD WEATHER APPLICATION 4.1 Special precautions must be taken during application of heavy polymer modified bituminous membranes when ambient temperatures are below 40 degrees F. Rolled materials should be stored in protected or heated areas on the site and brought to the roof as necessary for application. Sun warming on the roof may relax the rolls sufficiently to allow installation of the membrane. 4.2 Asphalt used in the application of PERMAX 8 membrane must be maintained at a minimum temperature of 425 degrees F at the point Page - 5 of application to result in fusion of the membrane to the adhesive asphalt. Maintaining sufficient application temperature of asphalt used inapplication of the roofing membrane and membrane flashings may be especially difficult during periods of cold ambient temperatures, however it is critical that the asphalt be of sufficient temperature to promote fusion of the adhesive asphalt to the modified asphalt membrane. If mopping asphalt cannot be maintained at sufficient temperature at the point of application of the roofing or flashing membrane, heat welding application of the roofing or flashing membrane should be considered or the application terminated until more favorable weather conditions exist. 4.3 Asphalt for PERMAX B membranes should always be applied at or above the EVT or minimum 400 degrees F, and if it is not possible to maintian asphalt temperature at EVT or minimum temperatures, operations should be suspended or the membrane heat welded into place to assure fusion of the polymer modified asphalt. 4.4 PERMASTIC may require warming to maintain the material at or above 65 degrees F for suitable application. 5.0 FIRE SAFETY RECOMMENDATIONS 5.1 General: The applicator of heat welded roofing membranes should have a reference copy of "Torch Applied Roofing Do's and Don'ts" published by the Asphalt Roofing Manufacturers Association (ARMA) and field applicators should be schooled in proper application and safety techniques peculiar to heat welded roofing membrane systems. The use of perlite insulation cant strips and tapered insulation greatly reduces the danger of fire beneath heat welded membranes and membrane flashings. 5.2 Propane Equipment: All regulators, valves, tanks, hoses and torch assemblies should be free from leaks. Check for leaks using liquid soap. Do not use equipment until all gas leakage has been corrected. Propane tanks should be secured in an upright position or secured to a wheeled dolly to minimize the potential for upset. Do not use open flame within ten(10') feet of propane tanks. Do not bypass valves or regulators on propane equipment. All torches should be equipped with a support rest to maintain the torch head upright during periods of non-use. Page - 6 7 E t 5.3 Use of Heat Welding Equipment: A fire extinguisher of an appropriate type should be easily accessible to all work areas where heat welding equipment is in use. Do not use open flame around open penetrations or "blind" areas where the conditions beneath are not visible. Keep all combustible materials a safe distance from open flames. Avoid prolonged application of heat to all surfaces. Consider "back -torching" -flashing membranes for application to penetration curbs or at areas where the entire area to which the torch must be applied is not visible. 5.4 Fire Watch: A fire watch should be maintained on the project for a minimum of thirty(30) minutes following the last heat welding work on the job each day. Special attention is required at perimeters and penetrations where heat welded flashings have been installed. Any detected "hot spot" should be investigated prior to crew departure to insure that necessary r corrective action can be taken to replace smoldering materials if required. Comply with all local ordinances and code requirements for fire watch following heat welded roofing system applications. 6 Page - 7 (THIS PAGE LEFT BLANK INTENTIONALLY) I r SPECIAL CONDITIONS -46- (THIS PAGE LEFT BLANK INTENTIONALLY) i City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-3000 October 14, 1991 TEXAS ROOFING CO. PO BOX 2156 LUBBOCK, TX 79408 SUBJECT: ROOFING PROJECTS FOR VARIOUS CITY BUILDINGS The City of Lubbock, having considered the proposals submitted and r- opened on the 19th day of September, 1991, for work to be done and materials to be furnished in and for: City of Lubbock Bid # 11511 1 Roofing Projects for Various City Buildings as 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 October 10, 1991, at the bid price contained therein, subject -to the execution of and furnishing of 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 receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should r, 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 UBBOCK Gene Eads, C.P.M. Purchasing Manager (THIS PAGE LEFT BLANK INTENTIONALLY) CHANGE ORDER NUMBER ONE BID NUMBER 11511 PROJECT: REROOF WEST AIRPORT TERMINAL TO: Lydick -Hooks Roofing Company P.O. Box 2605 Lubbock, Texas 79408 Original Amount of Contract Amount Previous Change Orders Net Amount this Change Order Amended Amount of Contract Percentage Change of Contract Price is .004% Additional Time of Completion is 0 Days 165,949.00 0.00 680.00 166,629.00 WHEREAS, it is desirable to make changes in the plans and specifications for this project. THIS AGREEMENT WITNESSED: The Contractor is to replace damaged roof deck as per unit prices. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the day of , 1992. CONTRACTOR: BY: (6-A (Js�� TITLE ll�-s,.�-f — VA ' loll !� u � I OWNER City of Lubbock BY: Q�o C4-(Z� Deputy City Manager VED AS TO CONTENT: r of Building Services CHANGE ORDER NUMBER ONE BID NUMBER 11511 PROJECT: Civic Center Kitchen TO: Lydick -Hooks Roofing Company P.O. Box 2605 Lubbock, Texas 79408 Original Amount of Contract 17,334.00 Amount Previous Change Orders 0.00 Net Amount this Change Order 2,866.00 Amended Amount of Contract 20,200.00 Percentage Change of Contract Price is 17% Additional Time of Completion is 0 Days The Date of Substantial Completion as of this Change Order is August 28, 1992 WHEREAS, it is desirable to make changes in the plans and specifications for this project. THIS AGREEMENT WITNESSED: The Contractor is to add tapered insulation and mop on premium modified bitumen membrane. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the day of , 1992. CONTRACTOR: BY: A�� TITLE 4-5t$ V A �'rL, _mil :�� ♦MrA •�� Attorney OWNER City of Lubbock BY: �4 lawS Deputy City Manager AP P VED AS TO CONTENT: r7lltor of Building Services