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HomeMy WebLinkAboutResolution - 6327 - Contract - Tommy Klein Constuction - LMCC Exterior Renovations - 05_27_1999Resolution No. 6327 May 27, 1999 Item No. 33 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for the Lubbock Memorial Civic Center Exterior Renovations, attached herewith, by and between the City of Lubbock and Tommy Klein Construction of Lubbock, Texas, and any associated documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council Passed by the City Council this 27th day of May , 1999. WINDY AfT4T, YOR A Darnell, City Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing Agent APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney gs/Lubb Memorial Civic Ctr Exterior Reno.res May 17, 1999 CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS BID #99082 c CITY OF LUBBOCK Lubbock, Texas el F.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 ITB 999082, Addendum #2 Office of Purchasing ADDENDUM #2 ITB #99082 LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS MAILED TO VENDOR: April 26, 1999 CLOSE DATE: April 29,1999 @ 2:00 P.M. r" The following items take precedence over specifications for the above named Invitation to Bid (ITB). i Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Item No. 1: Specifications, General Instructions to Bidders, 5. Time and Order for Completion. Change the first sentence to read: "The construction covered by the contract documents shall be fully completed within 150 (ONE HUNDRED FIFTY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder." Item No. 2: Drawings, Sheet A101: Change Note No. 1, last sentence to read as follows: "Note: Contractor shall protect trees and tree root system from damage. Stop waterproofing membrane just short of roots where required to prevent damage. Contractor shall be responsible for removing all necessary portions of juniper shrubbery as required to install waterproofing membrane." Item No. 3: Drawings, Sheet A101: Add the following to GENERAL NOTES: "Contractor shall remove and reinstall or otherwise make allowance for all existing hardware, mechanical or electrical devices, or other items that occur in the surface of walls, soffits, sill, jambs, floors, etc. where quarry tile or stucco is being removed and replaced with new or salvaged material." Item No. 4: Drawings, Sheet A101: Add Plan Note No. 19 to the CIVIC CENTER PLAN at the following location: The intersection of the south wall of the EXHIBIT HALL and the east wall of the MEETING HALL (quarry the pilaster at west end of entry doors, below TERRACE). Item No. 5: Drawings, Sheet A101: Change Note No. 2, to delete last sentence. Contractor shall therefore be responsible for demolition and disposal of existing concrete steps and sidewalks. Item No. 6: The Civic Center staff will provide space in the parking lot for a storage trailer as required by the Contractor. r 1`7 ITB 99082ad2.doc ITB #99082, Addendum #2 All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 RShuffield@mail.ci.lubbock.tx.us THANK YOU, Aoneffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID ITB 99082ad2.doc P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 9 Fax (806) 775-2164 ITB 099082, Addendum #1 Office of Purchasing ADDENDUM #1 ITB #99082 LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS MAILED TO VENDOR: April 14, 1999 CLOSE DATE: April 29, 1999 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please find enclosed the new Wage Rate Determination. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 RShuffield@mail.ci.lubbock.tx.us XAO&/ Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID ITB 99082adl.doc ncSVLULiuU .%,,. OLOc Item No. 39 f RESOLUTION April 8, 1999 r WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann. Civ. Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted . February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984. further updated by Resolution No. 2502 enacted January 8, 1987, further updated by Resolution No. 5721 enacted March 14, 1996, and amended by Resolution No. 6138 enacted December 16, 1998; and i WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C: Overtime Rate Exhibit D: Legal Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this ATTEST: KaytidDarnell, City Secretary '� 1 APPROVED AS TO CONTENT: r / Man- Andrews, Managing Director o Human Resources APPROVED AS TO FORM: Amy L s, Askisitant City Attorney pccdoc ubworks.res March 25, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates IV I Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified Hourly Rate 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 i EXH"TT B Paving and Highway Construction Prevailing Wage Rates Cart Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Truck Driver -Heavy Hourly Rate 9.00 6.00 8.00 7.00 12.00 6.00 7.00 6.25 6.00 6.75 8.00 7.00 7.75 F.00 7.75 7.25 8.00 7.25 9.50 6.75 7.25 7.25 6.50 7.00 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate I _ The rate for legal holidays shall be.as required by the Fair Labor Standards Act. l: r i i r a C { CITY OF LUBBOCK 7 INVITATION TO BID L. I FOR TITLE: LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS }� r ' ADDRESS: LUBBOCK, TEXAS f� t 7 i. sry BID NUMBER: 99082 r� PROJECT NUMBER: 9541.8302.10000 r CONTRACT PREPARED BY: PURCHASING DEPARTMENT r f a f' r r r 2. ■,, 3. 4 !� 4. 5. 6. 6. 7. 8. 9. r 10. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS No Text NOTICE TO BIDDERS .� BID #99082 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 29th day of April,1999, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the 1 Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for f" the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 13th day of May, 1999, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. r Said statutory bonds should be issued by a company carrying a current Best Rating of D or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 22nd day of April, at 10:00 o'clock a.m., in the Planning Conference Room-107, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the l contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. .— The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more - accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF L B K UZ�il� VICTOR KILMAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806) 775-2167/Fax (806) 775-2164. r- i r r GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the d construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: 4: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (NINETY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 0 s• N 6 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner -- (City of Lubbock). Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this _ Contract. Also, the Contractor warrants the year 2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. -- r 11. PROTECTION OF THE WORK .► The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have r been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of I acceptance of the project. r- 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from r the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume p full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all 1 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 r�- corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given '` 3 sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their _ property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. _ 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from -� compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 4 r 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS .�The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or j" Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his 99 classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. PROVISIONS CONCERNING ESCALATION CLAUSES t Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. r.+ 21. PREPARATION FOR BID F The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or ? typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly r.. authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no r bid may be withdrawn or altered thereafter. 22. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: r- (a (b) (c) (d) r (e) M (g) Notice to Bidders. General Instructions to Bidders. Bidder's Submittal. Statutory Bond (if required). Contract Agreement. General Conditions. Special Conditions (if any). (h) Specifications. _ (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. 6 No Text BID SUBMITTAL LUMP SUM BID CONTRACT 7 CE: Lubbock, Texas jATE: April 29, 1999 �OJECT NUMBER: #99082 - LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS aid of Tammy Klein Construction, Inc. (hereinafter called Bidder) 7 T the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) :gentlemen: �, le Bidder, in compliance with your invitation for bids for the construction of a a Lubbock Memorial Civic Center Exterior Renovations -t..ving carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract 3 cuments and the site of the intended work, and being familiar with all of the conditions surrounding the construction of :.a intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time t" t forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required der the contract documents. �JATERIALS: Seventy—five thousand, eight hundred thirty Dollars ($ 75,839.00 ) LRVICES:One hundred fort —three thousand six hundred twenty—fcW 143 624.00 � "7TAL BID: 7o hundred nineteen thousand, four hundred sixty—three($ 219, 463.00 ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written , 4otice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner Fliquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the ne set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. 7 Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with f—struction number 21 of the General Instructions to Bidders. r" Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the dding. I r-- The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days af+-r the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the glans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to a7mence work on or before the date specified in the written notice to proceed, and to substantially complete the work on .ch he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or tified check Issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable hout recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the Did submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all -to*essary bonds (if required) within (ten) 10 days after notice of award of the contract to him. 4 Enclosed with this bid is a Cashler's Check or Certified Check for Dollars ($ ) or a Bid Bond In the sum of Thirty thousand Dollars (730,000.00 ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the gnt the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) days after the date of receipt c Lwritten notification of acceptance of said bid; otherwise, said check or bond shall be returned to the L :dersigned upon demand. Bidder understands and agrees that the contract to be ex( jcuments made available to him for his inspection in accordance r I 7 r+ f"eal if Bidder is a Corporation) XTEST: �ec to .Bidder acknowledges receipt of the following addenda: No. 1 Date 04-14- 99 Addenda No. 2 Date 04-26-99 �ddenda No. Date ddenda No. Date a by Bidder shall be bound and include all contract le Ngtice to Bidders. ► Klein or Typed Name) Tommy Klein Construction, Inc. Company 7304-C Upland Ave. Address Lubbock, ,Lubbock City, County Texas .79423 State Zip Code Telephone: (806) - 794-3939 Fax: 806 - 79d-F65 LIST OF SUBCONTRACTORS Minority Owned Yes No Arthur Garza Tile iN ❑ Lee Scott Plastering p IN t7 & J Steel p 19 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 3 r r� CITY OF LUBBOCK r- INSURANCE REQUIREMENT AFFIDAVIT i l To Be Completed by Bidder And Attached to Bid Submittal e undersigned Bidder, certify that the insurance requirements contained in this bid document have been . sewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of ubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, ish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. t n "r" inn Contractor (Prin ) 'S NAME: Tommy Klein Construction Inc (Print or Type ) CONTRACTOR'S ADDRESS: 3811 62nd Drive Lubbock, Texas 79413 C flame of Agent/Broker: David Tate Fdress of Agent/Broker: 5233 79th �1$y/State/Zip: Lubbock, Texas 79424 8 6-794-1177 ,gent/Broker Telephone Number: r-ite: 4-26-9 9 i' NOTE TO CONTRACTOR f the time requirement specified above is not met, the City has the right to reject this bid/proposal and ward the contract to another contractor. If you have any questions concerning these requirements, l .ease contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #99082 - LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS 1 9 4 1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 . Bid Bond Bond No. Y107840 KNOW ALL MEN BY THESE PRESENTS, that we TOMMY KLEIN CONSTRUCTION, INC. as Principal, hereinafter call the Principal, and EVERGREEN NATIONAL INDEMNITY COMPANY 2400 Corporate Exchange Dr., Ste 290 Columbus OH 42321 a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK Lubbock, Texas as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF TOTAL AMOUNT BID NOT TO EX® THIRTY THOUSAND AND 00/100 Dollars ($ 30, 000.00 ), 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 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 materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th day of April, 19 99 TOMMY KLEIN CONSTRUCTION, INC. (Seal) (Witness) ' ..�� C-Ek r EVERGREEN NATIONAL INDEMNITY COMPANY (Surely) (Seal) �•+ (Witness) Ray wjt1p& (rltle) Attorney —in —Fact �+ AIA DOCUMENT A3100BID BOND•AIA®OFEBRUARY 1970 ED.*THE AMERICAN WATSON//SMITH, INC. I INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON D.C. 20006 RICEIARDvON, TEXAS F r EVERGREEN NATIONAL INDEMNITY COMPANY CLEVELAND, OHIO POWER OF ATTORNEY PRINCIPAL TIOMMY MUN CONSTRUMON EFFECTIVE DATE 04/29/99 CONTRACT AMOUNT $ 600, 000.00 AMOUNT OF BOND S 30, 000.00 POWER NO, 107840 KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate. constitute and appoint: Ray Watson &DanE. Smith — ---------- its true and lawful Attomey(s)-In-Fact to make. execute. attest. seal and deliver for and on its behalf. as Surety, and as its act and deed. where required. any and all bonds, undertakings. recognizances and written obligations in the nature thereof. PROVIDED. however, that the obligation of the Company under this Power of Attorney shall not exceed One Million Five Hundred Thousand Dollars (S1.500.000.00). This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of February, 1994: "RESOLVED, That any two officers of the Company shall have the authority to make. execute and deliver a Power of Attomey constituting as Attorneys) -in -fact of such persons. firms, or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile: and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile sea] shall be valid and binding upon the Company; and any such powers so executed and certificate by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached:' IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto. and these presents to be signed by its duly authorized officers this 23rd day of February, 1994. EVERG LIN, ATIONAMNDEMNrrY COMPANY %�raig L. Stout, President SEALr % s► I Roswell P. Ellis, Treasurer Notary Public) State of Ohio) SS: On this 23rd day of February, 1994, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Craig L. Stout and Roswell P. Ellis of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. R! TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. ✓�� f/ � . cif f!(.14t� qfelory N. Miracle, Attorney Notary Public State of Ohio My Commission has no expiration date Section 147.03 R.C. State of Ohio ) SS: I, the undersigned, Secretary of the Evergreen Natios� nXj�"C`ompany, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attomey remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth herein above, is now in force. Signed and sealed in Cleveland, Ohio this 29th day of April, 1999 r ``�ranuagy�u . Anne eyers, Secrete {, +caI CoAPQRAIf = r, a SEALAny reproduction or facsimile of this form is void and invalid. 9 l I� Ii i PAYMENT BOND i I I I� � BOND HE � C C K BEST (?ATIVc . �. 1 I i s _J DJ ERAS i d T i I I f Y Bond No. Y 107869 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) ro OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $26,000) Fr Ta4MY KLEIN CONSTRUCTION, INC. KNOW ALL MEN BY.THESE PRESENTS, that (hereinafter called the Print: paf(s), as Prtncipal(s). and EVERGREEN NATIONAL INDEMNITY OWPANY (hereinafter called the Surety(s). as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter ailed the Obligee), in the amount of ** See Be] ow Dollars (S 219, 463.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminisi-ators, executors, successors and assigns, jointly and severally, firmly by these presents. ** Two ID NINETEEN Tf1g0 Emo, FOU HuNmw SIxI'ii' TuREE AND 00/100 Doilars WHEREAS, the Principal has entered into a certain written contract with the Obligee. dated the 27th lay or May . 19 99 , to _ Bid #99082 for LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS and said Principal under the law is required before commencing the work provided for in said contract to exoc: to a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the sal i ie extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal 5f i all pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for Ir said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(:. of the Texas Government Code, and all liabilities on this bond shall be determined In accordance with the provision.! 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 insbvme • t this Rth day Of jime., 1999 4Ttge) , , Don E. Smith i ittorney-in-Fact r J _ TCMMY KLEIN CONSTRUCTION, INC. Principal V110 By: i e) B (Title) By: (Title) r C r The undersigned surety company represents that it is duty qualified to do business in Texas, and here: y f designates ** See Below an agent resident in Lubbock County to whom any requisite notices may t * delivered ` and on whom service of process may be had in matters arising out of such suretyship. ** Charles C. Quisenberry EVERGREEN NATIONAL INDEMNITY COMPANY Surety Quisenberry & Associates 4601 66th Street • Lubbock TX 79414 By: (Title) Don . E. Smith Approved as to form: Attorney -in -Fact City of Lub ck By: .fib.•--- !GC_ �t City At mey Note: If signed by an ofiicer of the Surety Company there must be on file a certified extract from the by -lows showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of I: Dwer of ;• attorney for our files. Flo r a yb F L i EVERGREEN NATIONAL INDEMNITY COMPANY CLEVELAND, OHIO POWER OF ATTORNEY PRINCIPAL T1JI!bMY FIEIN CONSTRUCTION, INC. EFFECTIVE DATE . 06/08/99 J CONTRACT AMOUNT $ 219, 463.00 AMOUNT OF BOND 5219, 463.00 r. POWER NO. 107869 KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate. constitute and appoint: Ray Watson&DonE. Smith---------------------------- -------•--------- --^ --- its true and lawful Attorney(s)-In-Fact to make, execute. attest. seal and deliver for and on its behalf. as Surety.'and as its act and deed, where required. any and all bonds, undertakings. rccognizanees and written obligations in the nature thereof. PROVIDED. however. that the obligation of the Company under this Power of Attorney shall not exceed One Million Five I lundrcd Thousand Dollars (b 1.500.000.00). This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Hoard of Directors on the 23rd day of February, 1994: "RESOLVED, That any two officers of the Company shall have the authority to make. execute and deliver a Power of Attorney constituting as Attomcy(s)-in-fact of such persons. ftmns. or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be alTtxed to any such Power of Attorney or 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 powers so executed and certificate by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto. and these presents to be signed by its duly authorized officers this 23rd day of February. 1994. EVER G GN NATION DEMNITY COMPANY raig L. Stout, President ,3; pORATE sJ r Roswcll P. Ellis, Treasurer Notary Public) State of Ohio) SS: On this 23rd day of February, 1994, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Craig L. Stout and Roswell P. Ellis of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described heroin; and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they arc the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. D! TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. 1�1 -i e ory N. Miracle, Attorney 2 i otary Public State of Ohio �Ik : , * I My Commission has no expiration dale Section 147.03 R.C. State of Ohio ) SS: T, the undersigned, Secretary of the Evergreen Nation Ii(DKrtrr'0ompany, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth herein above, is now in force. Signed and scaled in Cleveland, Ohio this 8 t day of- jun;,� 1999 \1`1„'ttlplpll"' �tNt, Ann o cycrs, Sccrcta �',: rrORPQSATE _ Any reproduction or facsimile of this form is void and invalid r i r i I a I i I . a a 9 I� , I I 1 - - RFORMANCE BOND I I 1 I;. II I � � PSI j.l 1 BOND CHECK BtST RATING LIKEN"Ed IN TEX4 . 3 , i DAr 8Y I, II; r - r Bond No. Y 107869 r STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) ' OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that / TQMMY KLEIN CONSTRUCTION; INC. (hereinafter called the Principal(s), as Principal(:; i, and (hereinafter called the Surety(s), as Surety(s), are held and Timely bound unto the City of Lubbock (hereinafter : alled the Obligee), in the amount of ** See lIelow Dollars ($ 219,463,00) lawful money )f the United States for the payment whereat, the said Principal and Surety bind themselves, and their heirs, adminir rators, executors, successors and assigns, jointly and severally, firmly by these presents. TW HI»2ID NIIE'MEEQ TLUUSAND, EUM 1F1MID SIX'I.'Y TMM AND 00/100 Dollars WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 27t)d;1of May , 1999 to Ri ri ##gc)nA2 and said principal under the law is required before commencing We work provided for In said contract to exea� * a bond In the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the sari a extent as if copied at length herein_ l NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. that If the said Principal st; ill faithfully perform the work in accordance with the plans. specifications and contract documents, then this obligation sh;! -1 be void: otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2263.021(a) of the Texas Government Code, and ell liabilities on this bond shall be determined In accordance with the provision;. 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 instrumer this 8th day of June , 19-9-9. TOMMY KLEIN CONSTRUCTION, INC. Print al (T le (Title) By: (Title) I. Iroll The undersigned surety company represents that It Is duly quati6ed to do business In Texas, and herel ly l ; designates **See Belay an agent resident in Lubbock County to whom any requisite notices may be deiil, %red and on whom service of process may be had in matters arising out of such suretyship. ** Charles C. Quisenberry Evergreen National Indemnity Compar' t Surety "Quisenberry & Associates` r- 4601 66th Street �. .6 ' Lubbock TX 79414 y (Tide) Don E. Smith Approved as to Form Attorney -in -Fact City of Lubb ck By: �_ City Attorney Note. If signed by an officer of the Surety Company, there must be on file a certified extract from the by -lave . showing 1� that this person has authority to sign such obligation. If signed by an Attorney in Fact. we must have copy of 1 ower of ¢ attorney for our files. E; r F 2 r I i r EVERGREEN NATIONAL INDEMNITY COMPANY CLEVELAND, OHIO r ]POWER OF ATTORNEY 1 PRINCIPAL EFFECTIVE DATE TOMMY KLEIN CONSTRUCTION, INC. .06/08/99 ` CONTRACT AMOUNT $ 219, 463.00 AMOUNT OF BOND 5219, 463.00 r POWER NO. 107869 KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate. constitutc and appoint: Ray Watson&DonE. Smith------------------------------------~------------------------- its true and lawful Attomcy(s)-In-Fact to make. execute. attest. seal and deliver for and on its behalf: as Surcty.'and as its act and deed, where required. any and all bonds, undertakings, rccognizanccs and \written obligations in the nature thereof. PROVIDED. however, that the obligation of the Company under this Power of Attorney shall not exceed One Million Five f lundred Thousand Dollars ($1.500.000.00). This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of February, 1994: "RESOLVED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as Attomcy(s)-in-fact of such persons. firms. or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimilc: and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile scat shall be valid and binding upon the Company; and any such powers so executed and certificate by facsimilc signatures and facsimile scat shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS Will"REOF, the Evergreen National Indemnity Company has caused its corporate scat to be affixed hereunto, and these presents to be signed by its duly authorized officers this 23rd day of February. 1994. EVERG EN NATION DEMNITY COMPANY raig L. Stout, President _ CORPRA�' Tr :.c ZZ to, a9,r l.r Roswell P. Ellis, Treasurer 16 H11`I`w�� Notary Public) r State of Ohio) SS: On this 23rd day of February, 1994, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Craig L. Stout and Roswell P. Ellis of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described hcrcin; and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they arc the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. D! TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. WILL e ory N. Miracle, Attorney 7'Notary Public State of Ohio My Commission has no expiration date Section 147.03 R.C. State of Ohio ) SS: 1, the undersigned, Secretary of the Evergreen Nation*101 iik4rl y'Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has riot been revoked; and furthermore that the Resolution of the Board of Directors, set forth f•, herein above, is now in force. Signed and scaled in Cleveland, Ohio this 8ti1' __ 4ay of Jiinp� 1999 ^ram.. •�.,� pN„\tlttllttttlq„ ", w I� r' y+r�� �� i w s f„ Anne eycrs, Secreta 01 vts".•SEAL¢ �a Any reproduction or facsimile of this form is void and invalid ///NtllasitllNN i r r I i cERTIFICATE OF INSURANCE i F s i i I4 I q 06 15/99 13:04 FAX 18067940196 DAVID TAM INS 01 1 - CERTIFICATE OF INSURANCE TO: CRY OF LUBBOCK LATE: 6�15-99 , P.O. BOX 2t#00 4t1B6OCK, TX THW TYPE OF PROJECT: O99082 3811 62nd Lubbock, Texas 7941 THIS IS TO CERTIFY THAT T O�y K 1 n C nn S t + r t i nr T n c (Nam and Address of h*r d) m. at the date of this certificate. Insured by this Company with respect to the business operstlons hereinafter desrcthed. for the typed of insurance and in accordance with titre provisions of the standard policies used by this company, the further hcrefnafter described. Exceptions to standard policy noted hereon. s Tyre OF MURANCE POLICY NUNMR EFFECTIVE EFFECTIVE LAMM DATE DATE c wt uA�ury E Oomrmrin! Cenerat Llabi9gr SCP32958895 ' Gwwat AWa� 6 2 o cL*MMade 4-16-99 4-16-00 Pnoduas-CamplC�pAGG e 0cmure= Paraonel 3 Adv. i 0 Ow oft & ContraClots tame nnr nno Fk*p s 50000 Mel Exp (knya* POMM) 5000 S AQM40TWE U4Bwa1Ty a MyA� CombinrdEbVe Lknftsj pnannn SC132945017 4-16-99 4-16-00 OW 6 GDo*ott AcdftM f lmd Auks PMWty Dam�D S B Wort -Owned Autos 0 GQgk _ LtasrLrry o A ►y Auto llum oNtr - �rh Aadaer�t t 0 6UADER'S PJSK 0 100% at to Total Contract _ 0 LNSTALLArMFLOATI:R i ur&eb t:arm�► CP32959000 4-16-99 4-16-00 � �+= i 1000000 OthwTha Lkftssat"orm �, hnnnnnn o 6WPLOYERS'i1AM TY Tba PM~ a Lkft �Aeddeet 500000 PPvt1 Sex rimb a SBP0001079321 5-29-99 5-29-00 a Of>lcers am -' bee♦am Pd3ey Umd i - pdtEtr�ioyrr s U000- Snnnnn_ OTHER Uty of Lubbock is listed as additional insured.on th 1 li bit e genera a ity and auto policies There is a waiver of subroaatio n fAym f the wiry ^f Tmhhnrk rt�,��� n�+r•inc The above poiidit either In the body thereof or by appMPTI ba endoMMMt Provide that NW msy not be dhenped or c ammled by the usurer to lass tFtan the legal time rokukad after the MStued has received written notice of tun dMW or man, or in case there is no 16gal requirement. In less ththn *ve days In advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE MUST BE SENT TO THE CRY OF LUBBOCK i 06-15-99 13:54 (Naatne n$urer W *z j RECEIVED FROM : 18067940196 P-91 No Text i STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT THIS AGREEMENT, made and entered into this 27th day of May, 1999 by and between the City of Lubbock, r County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Tommy Klein Construction of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. 170 r I r P r WITNESSETH: That for and in consideration of the payments and agreements' hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #99082 - LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS — $219,463.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. A T: Secret APPR ED AS TO CONTENT: 6wffeo Reodsentative APPROVED AS TO FORM: C4 Attorney ATTEST: Corporate Secretary CONTRACTOR: TOMMY(PU.EIN OONSTRUCTION By: P NTE NAME: TITLE: if Cam; (,^ COMPLETE ADDRESS: Tommy Klein Construction 7304-C Upland Avenue Lubbock, Texas 79423 No Text F GENERAL' CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit TOMMY KLEIN CONSTRUCTION who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative GARY SMITH, FACILITIES MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. r 4. CONTRACT DOCUMENTS 6, The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed r- Agreement, Statutory Bonds if required), General Conditions of the Agreement, Special Conditions of the r 9 rY (�9 P Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to r herein as the "contract" or "contract documents". I 5. INTERPRETATION OF PHRASES r' Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or i words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved" "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 7 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. — 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall — accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all — work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE _ The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous`onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 2 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's ` Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the �- execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be i conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. r' . 15. SUPERINTENDENCE AND INSPECTION r It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be bome by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. r• 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. F Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. — 18. CHARACTER OF WORKERS r The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or - men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons — competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. c- If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and — approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any.such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such �.. inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES t , It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. r`- 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shalt make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, r alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or �.. Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged !(' by a reasonable and prudent Contractor as a reasonable and necessary cost for = performance of the extra work. �. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by I" 5 i� them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not -- embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra — work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the commencement any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS i It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative prior to bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 6 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY J The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in r• Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attomeys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as Well as any notice which may be given poll by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The Insurance certificates furnished shall name the City as an additional Insured, or In the alternative, I., shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof 1 of coverage insurance documents Including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard r i i Products & Completed Operations Hazard Contractual Liability ~ Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance For bodily injuries, including accidental death and or property damage, $0.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000.00 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0.00% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor. shall have Umbrella Liability Insurance in the amount of LQ.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to 8 7 p provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a r project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of i.: Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. t3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts r` and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current C� certificate of coverage ends during the duration of the project; •' (d) obtain from each other person with whom it contracts, and provide to the Contractor: r• i 9 (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will _. provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. - 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entities the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage ,-r Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: '— (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. 10 (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: ' ' REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the Identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and ` (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the -- Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown — on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project r and for one year thereafter; 12 4 !. (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (I)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors havingmore than fifteen (15 employees agree to comply with the Americans with Disabilities Act of ) P 9 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. r- 30, PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless i . against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of r-► machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. f 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material C or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and i" save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or r•, required in these contract documents by Owner; provided, however, if choice of alternate design, device, material 1 or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 13 t 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors _ perform any work contrary.to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of " beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 (FIVE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 14 i 35. 7 f t F RM 37 RA TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. i 15 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without _ limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. — 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if -- submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor - up to and including the last day of the preceding month. The determination of the partial payment by the Owner's _ Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be -- retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 16 i Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. r ' 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's r- Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, I Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. R Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the i contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and 1 Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's 71, Representative. ` ° 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: �» (a) Defective work not remedied and/or work not performed. } ' (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. i" 17 i 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will -- ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective •- manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or --- (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of _ the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. 18 '- I In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as P.. provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net *" sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any d machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. t The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY r" The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually C performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the f" project which is the subject matter of this contract. t 50. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. r 19 i 51. SPECIAL CONDITIONS In the event special,conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. _ 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project _ or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If ~ the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or -- asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. _ 20 IN r t Resolution No. 6138 Item No. 23 December 16, 1998- F1 RESOLUTION WHEREAS, the City Council of the City of Lubbock has heretofore established the general prevailing rate of per diem wages on public works projects in Lubbock as required by Section 2258.022 of the Government Code; and WHEREAS, such wage rates were established by Resolution No. 5121, enacted on March 14, 1996; and WHEREAS, said schedule of per diem wage rates requires a clarification with regard to Exhibit D; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in Resolution No. 5121 enacted on March 14, 1996, except that Exhibit D to said Resolution entitled "Weekend and Holiday Rate" shall be entitled "Legal Holiday Rate' and shall read as follows: "The rate for legal holidays shall be as required by the Fair Labor Standards Act." Passed by the City Council this 16th day c ATT ST: Nu� ythie arnell, City Secretary APPROVED AS CONTENT: —2,�4 6�,� Mary Andfkws, Director of Human Resources APPROVED AS TO FORM: G. Vandiver, First Assistant CityAttorney DGWadoes/wagerate.res Dgdember 7. 1998 r E March 14, 1996 Item #19 �FSO _ TT1ON 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 r-• i WHEREAS, such wage rates were established by Resolution No. 719 enacted Februar,• 12. 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated b'* Resolution No. 2502 enacted January 8. 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK. THAT the general prevailing rate of per diem wages for public works contracts shall as set forth in the following named exhibits. which exhibits shall be attached hereto and magi; a part hereof for all intents and purposes: .. Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock ar. such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 14th ATTEST: 'f Betty M. J on, City Secretary APPROVED AS TO CONTENT: Mary AndrYws, Managing Director of Human Resources I APPROVED AS TO FORM: i� !} a old Willard, Assistant City Attorney HW :da/ccdocs/pubworks.res l!i February 14. 1996 I� q ! k EX EUBIT A City of Lubbock i Building Construction Trades Prevailing Rates Craft Hourty Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -helper 5.50 Asbestos Worker 8.00 ., Asbestos Supervisor 11.00 k Bricklayer 11.00 Bricklayer -Helper 6.00 �- Carpenter 11.00 16.00 Cement Finisher 7.50 Drywall Hanger 10.00 • Electrician 13.00 Electrician -Helper 6A0 CEquipment Operator -Heavy 8.50 c Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 E Yasulator-Piping/Boiier 9.00 Iasulator-Helper Iron Worker 5.50 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber Helper 6.00 �. Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 4 Sheet Metal Worker -helper 5.50 Weider -Certified 10.00 6 r EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Crzft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Truck Driver -Heavy Hourly Rate 6.00 5.50 7.35 5.75 10.50 5.50 6.50 5.50 5.50 6.25 7.25 5.50 7.00 7.00 7.00 6.50 7.00 6.50 8.50 6.00 6.50 6.50 6.00 6.50 �.i j.• 1 FJDMrrC Prevailing wage Rates Overtime Rate r The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EJMIT D Prevailing Wage Rates Weekend and Holiday Rate �- The rate for weekend and holiday is 11/2 times base rate. r t r i t; r t t r No Text SPECIFICATIONS FOR LUBBOCK MEMORIAL CIVIC CENTER EXTERIOR RENOVATIONS 1501 6TH STREET LUBBOCK, TEXAS CITY OF LUBBOCK PROJECT NUMBER 9541 CITY OF LUBBOCK, TEXAS BID #99082 FEBRUARY 26, 1999 Expires 7/31/99 EXTERIOR RENOVATIONS LUBBOCK MEMORIAL CIVIC CENTER LUBBOCK,TEXAS BGR ARCHITECTS -ENGINEERS LUBBOCK, TEXAS February 26, 1999 SPECIFICATIONS SECTIONS DIVISION 1 - GENERAL REQUIREMENTS 01010 - Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . 1 thru 5 01340 - Shop Drawings, Product Data and Samples. . . . . . . . . . . . 1 thru 3 01630 - Substitution and Product Options . . . . . . . . . . . . . . . . . 1 thru 2 DIVISION 3 - CONCRETE 03300 - Concrete Work . . . . . . . . . . . . . . . . . . . . . . . . . . 1 thru 9 DIVISION 5 - METALS 05500 - Miscellaneous Metals . . . . . . . . . . . . . . . . . . . . . . . 1 thru 4 DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07100 - Waterproofing . . . . . . . . . . . . . . . . . . . . . . . . . . 1 thru 3 07240 - Exterior Insulation and Finish System . . . . . . . . . . . . . . . 1 thru 6 07900 - Caulking and Sealants . . . . . . . . . . . . . . . . . . . . . . 1 thru 3 DIVISION 9 - FINISHES 09330 - Quarry Tile . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 thru 2 r F 1.01 RELATED DOCUMENTS: Applicable requirements of the General Conditions and Supplementary Conditions apply to work specified in this section. 1.02 EXAMINATION OF SITE: A. Bidders are expected to visit the site of the building and compare the Drawings and Specifications with existing conditions, and inform themselves of all conditions which will affect this work. Failure of the successful Bidder to do so will in no way relieve the Bidder from necessity of furnishing any materials, labor, or equipment, or performing any work that may be required to complete work in accordance with Drawings and Specifications, without additional cost to the Owner. 1.03 NOTIFICATIONS: A. Contractor shall give the Architect verbal notification at least 48 hours prior to commencing any of the following: Demolition of existing quarry tile Exterior insulation and finish system Quarry tile work Painting 1.04 PROTECTION AND ACCESS: A. Contractor shall adequately protect adjacent property at all times, and shall make good at his own expense any damage to such property arising out of any operation connected with his contract. B. Contractor shall at all times protect the building from damage from rain water, ice or snow. C. Contractor shall at all times provide protection against weather - rain, wind, storms, frost, or heat so as to maintain all work, materials, apparatus and fixtures from injury or damage. At the end of the day's work all new or old work likely to be damaged shall be covered. 1.05 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK: Before the award of the Contract, Contractor shall furnish to Architect in writing for acceptance by the Owner and Architect a list of the names of Subcontractors proposed for various portions of the work, including the federal identification number of Contractor and each Subcontractor. Certificates of Workman's Compensation insurance coverage from all subcontractors must be provided for attachment to the Owner -Contractor Agreement. Pay estimates will not be considered until Subcontractors are approved by Architect. 1.06 SPECIAL PROJECT PROCEDURES! A. ALTERATIONS AND ADDITIONS TO EXISTING FACILITIES: 1. Contractor shall cooperate with the Owner in scheduling his work. Due to the nature of the work required by this contract, all operations must be coordinated with the Owner to insure a minimum of interference with the continuing use of the existing facilities. 01010 - 1 2. This contract shall include alterations and additions to — existing building as indicated on the Drawings. Each Bidder will be expected to familiarize himself with conditions affecting the execution of this work. _ 3. Drawings do not indicate complete existing building elevations or surfaces or other construction conditions and each Bidder shall visit the site prior to submitting his proposal and shall inspect installation and `conditions to be met and work to be accomplished in removing and modifying existing work and installing any new work in the existing building. Failure to comply with this shall not constitute grounds for any additional payments in connection with removing or modifying any part of existing installations and/or installing any new work to meet the requirements of this contract. 4. Certain information is shown on the Drawings concerning the —' existing installation for general information purposes, but shall not be interpreted as representing "as built" conditions. Where the existing conditions are found to be different from. that indicated, Contractor shall provide any materials necessary and make all connections required for proper operation at no additional expense to the Owner. _ 5. Re -use of Materials: Where required by the Drawings or specifications, materials shall be thoroughly cleaned to be in compliance with the applicable sections of Specifications and shall be stacked on site for re -use in the building. -- 6. Where alterations to 'existing building is required, Contractor shall, after his work is otherwise complete, repair adjacent finishes and do patching work as necessary to leave the adjacent work in good shape. He shall paint, plaster, trim out, and finish new work and as much adjacent existing work as is necessary to leave the job clean, neat and attractive. 7. All existing piping and/or circuits which are disconnected during the course of this work shall be reconnected and left in satisfactory operating order unless they are specifically noted to be removed or disconnected. B. WORKING AND STORING AREAS: 1. The Owner will designate an area or areas for storage of materials. 2. Storing or working outside of indicated renovation areas is prohibited. Keep areas outside the renovation areas free from debris incident to this project. C. PROTECTION OF EXISTING FACILITIES: Contractor shall take precautions to protect existing facilities and features within designated construction limits and along the access to construction site. Any damage caused by Contractor or his Subcontractor shall be repaired immediately at his expense. D. REPAIR OF DAMAGE: Contractor shall be responsible for any loss or damage caused by him, his workmen, or his subcontractors to the work or materials, to tools and equipment of one another, to adjacent property and persons, and shall make good any loss, damage or injury without cost to the Owner. 01010 - 2 F 7 7 E. EXISTING UNDERGROUND UTILITIES Existing underground lines occur in the site where the work is to be done. Such lines will be staked by the Owner if necessary for the benefit of the Owner and Contractor prior to start of the work. F. LANDSCAPE IRRIGATION SYSTEM: Contractor shall protect all portions of the underground landscape irrigation system located within the designated limits of construction area. Any damage incurred to the system shall be repaired or replaced by Contractor as directed at the Contractor's expense. G. CONSTRUCTION SEQUENCE: The actual phases of the construction program shall be developed by the successful Bidder in cooperation with the Owner and Architect to provide the needed occupancy of the facilities. 1.07 COORDINATION: All contractors, and subcontractors on the project shall coordinate their work with each other, advising on work schedules, equipment locations, etc. 1.08 FIELD ENGINEERING: A. LAYING OUT WORK: A competent foreman or superintendent initially approved by Architect, shall be kept by Contractor at the building at all times and in continuous superintendence during the progress of the work, to receive instructions and to act for Contractor in the accurate laying out and direction of all work. 1.09 REGULATORY REQUIREMENTS: A. PERMITS AND LAWS: 1. Contractor shall arrange for the issuance of any required building permits. Contractor shall comply with all Federal, State and Municipal Laws, Codes and Ordinances applicable to the work of this contract, and he shall obtain and pay for all permits required in connection with the execution of his work. Architect shall be furnished with certified copies of these permits if requested. 2. If above Laws, Codes or Ordinances conflict with Contract Documents, then laws, codes or ordinances shall govern instead of Contract Documents, except in such cases where Contract Documents exceed them in quality of materials, or labor; then Contract Documents shall be followed. 1.10 PROJECT MEETINGS: A. PRECONSTRUCTION CONFERENCE: Prior to Contractor occupying site where the work is to be done the Owner will hold a Preconstruction Conference at a time and place to be established by the Owner. B. PROJECT BRIEFINGS: 1. Each month, Contractor shall brief the Owner and Architect on project progress during the preceding period. Any slippage in schedule shall be discussed during the briefings. 2. Briefings shall be held at a time and place established by the Owner. 3. Contractor shall be responsible for providing typewritten copies of the minutes of each meeting to all participants at the meetings. 01010 - 3 t 1.11 SUBMITTALS: A. CONSTRUCTION SCHEDULE: 1. Within thirty (30) days after award of a contract, Contractor shall submit to the Architect a Progress Chart or CPM Chart showing sequence of construction, together with proposed completion dates for various trades. 2. Schedule shall indicate start and finish dates for various major subcontracts or operations. 1.12 TEMPORARY UTILITIES: A. Contractor shall make all arrangements necessary for utilities required during construction. Fees, where required by the utility company, will be paid by Contractor. B. When necessary to connect to existing utility systems furnishing power, water, or gas to existing buildings, meters shall be installed on services required for construction, and arrangements shall be made by Contractor to have statements of cost for such -- service directed to his office for payment. Contractor shall include in his proposal all costs necessary for connecting and extending all necessary utilities. Where connections are made to existing utility _ services, shut-off or turn -on shall be by Building Maintenance only. C. Mechanical, Electrical and Utility Contractors shall make arrangements with General Contractor to use these services for testing and other normal use during construction. D. Contractor shall provide adequate temporary lighting in the building for all trades. E. The Owner will furnish all power and water required during construction. Contractor shall make all arrangements necessary to connect to existing utility system. Contractor shall cooperate with the Owner to conserve use of utilities during construction. F. Telephone: Contractor shall be responsible for his own telephone. Contractor shall provide and pay for a telephone at the building site in order to expedite his work. Local telephone service shall be made available to all persons connected with the work. G. Toilets: Contractor shall provide and maintain in good order temporary chemical toilet facilities for all workmen and shall remove same at completion of the work. Toilets shall be completely enclosed and of neat appearance. Toilet locations shall be approved by Architect. H. Cover trenches and holes when not in use. Erect barriers as required. -' I. Provide and maintain warning lights and signs as necessary to prevent damage or injury. Keep warning lights burning from dusk to dawn. 1.13 BARRIERS: A. TREE AND PLANT PROTECTION: Contractor shall protect existing trees and other vegetation indicated to remain in place, against unnecessary cutting, breaking or skinning of roots, skinning and bruising of bark, smothering of trees by stockpiling construction materials or excavated materials within drip line, excess foot or vehicular traffic, or parking of vehicles within drip line. Contractor shall provide temporary fences, barricades or guards as required to protect trees and vegetation to be left standing. 01010 - 4 1.14 BARRICADES: Construct and maintain barricades sufficient to prevent injury to persons and damage to property. 1.15 TEMPORARY CONTROLS: A. DISPOSAL OF WASTE MATERIALS: Contractor shall remove all combustible and non-combustible waste materials completely from the r- Owner's property and legally dispose of same. 1.16 TRAFFIC REGULATION: A. PARKING: Parking of private cars permitted only in areas designated by the Owner. Notify employees and subcontractors of this requirement at beginning of work. B. HAUL ROUTES: Haul route for materials shall be as designated by Owner. Traffic areas shall be clear of obstructions at all times in order that it can be used by the Owner. Any damage to paved or landscaped areas will be repaired by Contractor at his expense. Haul routes over other areas is especially prohibited. 1.17 PROJECT IDENTIFICATION AND SIGNS: No signs or advertisements will be permitted without approval of Architect. 1.18 MATERIAL AND EQUIPMENT: A. STORAGE AND PROTECTION: The Owner will designate an area immediately adjacent to Building site for storage of materials. Storage area shall be fenced to keep unauthorized persons from having access to area. 1.19 ASBESTOS -CONTAINING AND ENVIRONMENTALLY HAZARDOUS MATERIALS: There shall be no asbestos -containing or environmentally hazardous materials identified by E.P.A. or O.S.H.A. used or installed in any category of work under this Contract. 1.20 CONTRACT CLOSEOUT: A. FINAL CLEANING: 1. Use experienced workmen, or professional cleaners, for final cleaning. 2. At completion of construction and just prior to acceptance of occupancy, conduct a final inspection of exterior surfaces and perform final cleaning. 3. Remove grease, dust, dirt, stains, and other foreign materials r- from surfaces. 4. Repair, patch and touch up marred surfaces to match adjacent finishes. 5. Broom clean existing paved surfaces affected by construction E activities. B. RECORD DRAWINGS: 1. Contractor shall keep a set of Drawings in his office at the site, on which he shall legibly indicate all changes in construction as installed or built. 2. Upon completion of Contract, Contractor shall deliver to Architect the completed Record Drawings. 19 End of Section 01010 - 5 r F I 1 1 �1 ■1' 1;� � ';11 1� � 1 ' 1.01 GENERAL: A. Refer also to General Conditions. B. Submit to the Architect shop drawings, product required by specification sections. C. Prepare and submit a list of required submittals Product Data and Samples. List submittal items i of specification section numbers. Identify each with an item number, specification section number and type of submittal (Shop Drawings, Product Include dates for submission and need dates for ea 1.02 SHOP DRAWINGS: A. Original drawings, prepared by or distributor, which illustrat fabrication, layout, setting o qualified detailer. B. Reproductions for Submittals: opaque print. data and samples of Shop Drawings, n numerical order submittal in list name of product Data, Samples). ch item. e Contractor, subcontractor, supplier some portion of the work, showing r erection details, prepared by a Reproducible transparency with one 1.03 PRODUCT DATA: A. Manufacturer's standard schematic drawings: 1. Modify drawings to delete information which is not applicable to Project. 2. Supplement standard information to provide additional information applicable to Project. B. Manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and other standard descriptive data: 1. Clearly mark each copy to identify pertinent materials, products or models. 2. Show dimensions and clearances required. 3. Show performance characteristics and capacities. 4. Show wiring diagrams and controls. 1.04 SAMPLES: A. Physical examples to illustrate materials, equipment and workmanship, and to establish standards by which completed work is judged. B. Field samples and mock-ups: 1. Erect at Project site at location acceptable to Architect. 2. Construct each sample or mock-up complete including work of all trades required in finished work. 1.05 CONTRACTOR RESPONSIBILITIES: A. Review shop drawings, product data and samples prior to submission. Initial, sign, or stamp, certifying to review of submittal. B. Verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar C. Coordinate each submittal with documents. 01340 - 1 data. requirements of work and contract D. Contractor's responsibility for errors and omissions in submittals is not relieved by Architect's review of submittals. E. Contractor's responsibility for deviations in submittals from requirements of Contract Documents is not relieved by Architect's review of submittals, unless Architect gives written acceptance of specific deviations. F. Notify Architect, in writing at time of submission, of deviations in submittals from requirements of Contract Documents. -- G: Begin no work which requires submittals until return of submittals with Architect's stamp and initials or signature indicating review. H. After Architect's review, distribute copies. 1.06 SUBMISSION REQUIREMENTS: A. Schedule submissions at least 30 days before date reviewed submittals will be needed, in accordance with approved submittal -" schedule. B. Submit 1 reproducible transparency and one opaque print of shop drawings. C. Submit number of copies of product data which Contractor requires for distribution, plus 3 copies which will be retained by Architect. D. Submit number of samples specified in each of specification _ sections. E. Accompany each submittal with transmittal letter, in duplicate, containing: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. The number of each Shop Drawing, Product Data and Sample submitted. 5. Notification of deviations from Contract Documents. 6. Other pertinent data. F. Submittals shall include: 1. Date and revision dates. 2. Project title. 3. Names of Architect, Contractor, subcontractor, supplier and -- manufacturer. 4. Identification of product or material. 5. Relation to adjacent structure or materials. _ 6. Field dimensions, clearly identified as such. 7. Applicable reference standards. 8. Other pertinent data required by Specifications. . 9. Identification of deviations from Contract Documents. — 10. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of field measurements and compliance with Contract Documents. 11. Space large enough to accept Architect's approval stamp (3" x 1- 1/211). 1.07 RESUBMISSION REQUIREMENTS: A. Shop Drawings: 1. Revise initial drawings as required and resubmit as specified for initial submittal. 2. Indicate on drawings any changes which have been made, other than those requested by Architect. 01340 - 2 B. Product Data and Samples: Submit new data and samples as required for initial submittal. 1.08 DISTRIBUTION OF SUBMITTALS AFTER REVIEW: A. Distribute copies of shop drawings and product data which carry Architect's stamp as required for construction, including Contractor's file, job site file, record documents file, other prime contractors, subcontractors, supplier and fabricator. End of Section 01340 - 3 F SECTION 01630 - SUBSTITUTION AND PRODUCT OPTIONS 1.01 PRODUCT LIST: A. Within 21 days after date of contract, submit to the Architect 5 copies of complete list of products and materials which are proposed for installation. B. Prepare list on basis of each specification section. C. For products specified under reference standards, include with listing of each product: 1. Name and address of manufacturer. 2. Trade name. 3. Model or catalog designation. 4. Manufacturer's data, including performance and test data, reference standards. 1.02 CONTRACTOR'S OPTIONS: A. For products specified only by reference standards, select any product meeting standards, by any manufacturer. B. For products specified by naming several products or manufacturers, select any product and manufacturer named. C. For products specified by naming only one product and manufacturer, there is no option, unless a substitution is approved as specified below. D. Product selection is governed by the Contract Documents and governing regulations, not by previous project experience. 1.03 SUBSTITUTIONS: A. During bidding, Architect will consider written requests from prime Bidders for substitutions, received at least 10 days prior to bid date. Approval of proposed substitutions will be set forth in an �- addendum or letter of approval. Requests for substitutions shall include data listed below. B. Within 21 days after date of contract, Architect will consider formal requests from Contractor for substitutions of products in place of those specified. C. Submit 4 copies of request for substitution. Include in request: 1. Complete data substantiating compliance of proposed substitution with contract documents. 2. For products: Project identification, including manufacturer's name and address. Manufacturer's literature, including product description, performance and test data and reference standards. Samples, if applicable. Name and address of similar projects on which product was used and date of installation. 3. For construction methods: Detailed written descriptions of proposed method. Complete drawings illustrating methods or 1. revisions. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in construction schedule. D. In making request for substitution, Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 01630 - 1 r f E. F. 2. He will provide same warranty for the substitution that he would for the product specified. 3. He certifies that the cost data presented is complete and includes all related costs under the Contract except the _ Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent. 4. He will coordinate installation of accepted substitute, making such changes as may be required for the Work to be complete in all respects. 5. He will assume full responsibility for additional cost and _ expenses for the Owner, Architect/Engineer, and all other contractors. Substitutions will not be considered if: 1. They are indicated or implied on shop drawings or product data submittals without formal request submitted in accord with Article 1.03 of this section. 2. Acceptance will require substantial revision of contract — documents. If substitution is not approved or accepted, Contractor shall - furnish specified product. End of Section 01630 - 2 SECTION 03300 - CONCRETE WORK F PART 1 - GENERAL 1.01 DESCRIPTION: This section includes all materials, placing and finishing of all plain and reinforced concrete as indicated on the drawings. Form work, reinforcing, curing and related items are a part of this section. 1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions, r' Supplementary Conditions and General Requirements apply to the work specified in this section. 1.03 RELATED WORK SPECIFIED ELSEWHERE: Testing and Laboratory Control - Section 01400 1.04 CONCRETE TESTS: A. Make a minimum of three (3) test cylinders from concrete as delivered to the job for each major pour. B. Test specimen shall be taken by the Contractor and tested by an approved laboratory in accordance with ASTM C31-83 for "Compression Tests of Concrete". Results of tests shall be submitted to the Architect. Cost of tests will be paid out of the allowance specified in Section 01020. C. Where the ultimate 28 day compressive strength of concrete in any test cylinder falls below the strength specified for the class of concrete tested or below proportional minimum 7-day strengths, the proportions, water content, or temperature conditions shall be changed to secure the required strength. All concrete whose test specimen falls below the required compressive strength shall be removed from the structure unless the Contractor supplies additional evaluation and testing to establish its suitability for use in this location. Notify Architect of proposed evaluation procedure to be used before beginning. D. Substitution of materials shall not be made without additional tests for quality. All tests shall be made without additional cost to the Owner. 1.05 REFERENCE STANDARDS: The current issue of ACI-301, "Specifications for Structural Concrete for Buildings" is a part of this specification and applicable to this project. Where any part of ACI-301 specification is modified or voided by this specification, the unaltered provisions shall remain in effect. 1.06 STORAGE OF MATERIALS: Store cement on platforms off ground; protect stored cement against the elements. Handle and store aggregate separately in manner to prevent intrusion of foreign material. Protect all reinforcement until used. Use no frozen material or any hardened cement. 03300 - 1 r 1.07 SUBMITTALS: A. Shop Drawings: Submit shop drawings in accordance with Section 01340. Drawings shall show bending diagrams, assembly diagrams, splicing, and laps or rods, shapes, dimensions, and details of bar reinforcing and accessories. Fabricate materials in accordance with approved shop drawings. B. Product Data: Submit copies of manufacturer's product data. C. All submittals shall be in accordance with Section 01340. PART 2 - PRODUCTS 2.01 PORTLAND CEMENT: ASTM Spec. C150-76 or Air -Entraining Portland Cement C- 175, use Type III -A where high early strength concrete might be required, and Type I or I -A for all other concrete work. 2.02 COARSE AGGREGATE: Hard, durable, uncoated, crushed stone or gravel conforming to ASTM Spec. C33-74a. Maximum size aggregate allowed is 1/5 of narrowest dimension between forms of the concrete member or 3/4 of minimum clear spacing between reinforcing bars. For concrete having an exterior surface exposed, 95 to 100% shall pass a 1-1/2" sieve, 35 to 70% shall pass a 3/4" sieve, 10 to 30% shall pass a 3/8" sieve, and not more than 5% shall pass a No. 4 sieve. 2.03 FINE AGGREGATE: Clean, hard, durable, uncoated grains free from silt, loam, and clay, conforming to ASTM Spec. C33-74a. The fine aggregate when tested according to ASTM C136-83, shall have a gradation with 100% ,by weight passing 3/8" sieve; 95 to 100% passing No. 4 sieve; 80 to 100% passing No. 8 sieve; 50 to 85% passing No. 16 sieve; 25 to 60% passing No. 30 sieve; 10 to 30% passing No. 50 sieve; 2 to 10% passing No. 100 sieve. The fineness modulus of fine aggregate shall be not less than 2.3 nor more than 3.1. Soundness of fine aggregate when tested according to ASTM C88-83, shall not have a loss greater than 15% with magnesium sulfate solution test, nor more than 10% loss with sodium sulfate solution test. 2.04 MIXING WATER: Clean and free from oil, acid, and injurious amounts of vegetable matter, alkalies, and other salts. 2.05 REINFORCING STEEL: Reinforcing steel shall be domestic and shall conform to ASTM A615-75 Grade 60, and shall have 60,000 lbs. per square inch minimum yield point, except that #3 bars, ties and stirrups may be Grade 40 with 40,000 lbs. per square inch minimum yield point. Deformation of deformed bars shall conform to Specification for "Deformation of Deformed Steel Bars for Concrete Reinforcement", ASTM A615-75. If requested, furnish certified mill test reports with each delivery, attesting that reinforcement meets specification requirements. 2.06 POLYPROPYLENE FIBER CONCRETE REINFORCING: The concrete reinforcing fibers shall be polypropylene collated, fibrillated fibers from Fibermesh Company, 4019 Industry Drive, Chattanooga, TN, or an approved equal. The fibers shall be used in strict accordance with the manufacturers recommendations as to type and amount. The fiber manufacturer or approved distributor shall provide the services of a qualified technician for a pre -job meeting and initial job set up. Only 03300 - 2 9 fibers designed and manufactured specifically, for use in concrete from virgin polypropylene and so certified by the manufacturer shall be acceptable. Use in all exterior concrete except as otherwise noted. 2.07 METAL ACCESSORIES: Include all spacers, chairs, ties and other devices { necessary for properly placing, spacing, supporting and fastening reinforcement in place. All metal a'cessories shall be zinc coated; for �.. exposed work, support ends shall be:, turned upward. Material and work shall be in accordance with CRSI�-72, except as modified by this specification or the drawings. '^ 2.08 EXPANSION JOINT FILLER: Expansion joint filler shall be preformed saturated fiber filler, Celotex Flexcell, or approved equal. Joint material shall be full thickness of slab or joint, and unless otherwise r- indicated, 1/2" thick. 2.09 ADMIXTURE: Chemical Admixtures, Pozzolanic Admixtures, ASTM C494-71 or I C618-73, modified for loss of ignition not exceeding 6%. Admixture shall be used subject to certification based on tests and data. Submit certificates with related laboratory test reports attesting that admixture meets specified requirements and that admixture to be used for r" work under the contract is identical in composition and concentration with type used in test for acceptance. 2.10 SEALING AND CURING FRESH CONCRETE: Clear Bond treatment as manufactured by The Guardian Chemical Co. or an approved equal. Sealer shall conform to ASTM C309-74, Type I Clear. Contractor shall submit manufacturers literature which will substantiate that product meets all specified j requirements. Submit for approval in accordance with Section 01340. 2.11 FORMS: A. Smooth Finish: Use new 9/16" thick moisture -resistant plywood or line forms with 1/4" thick plywood. 2.12 AIR -ENTRAINING AGENT: Neutralized Vinsol Resin, or an approved substitute, conforming to ASTM C260-77. 2.13 EVAPORATION REDUCER: Use an evaporation reducer equal to "CONFILM" as manufactured by Master Builders, Inc., on concrete slabs on grade. 2.14 FORM RELEASE AGENT: Use a non -staining agent equal to Duogard as manufactured by W.R. Meadows. Apply to all concrete forms according to manufacturer's directions. PART_3 - EXECUTION: 3.01 3000 PSI Concrete: All concrete designate 03300 - 3 d 3.02 3000 PSI AIR ENTRAINED CONCRETE: All concrete shall have a compressive -- strength of 2400 psi in 7 days, and 3000 psi in 28 days. Use this mix for sidewalks, curbs and all other concrete slabs exposed to weather. Total air content required shall be 6%. Concrete with exposed aggregate shall have a minimum of 5-1/2 sacks of cement per cubic yard. ` 3.03 PROPORTIONS: A. Proportion mixed by either laboratory trial batch or field -- experience methods, using materials to'be employed on the project for each class of concrete required, complying with ACI 211.1-81. B. Submit written reports to the Architect of each proposed mix for _ each class of concrete at least 15 days prior to start of work. Do not begin concrete production until mixes have been reviewed by the Architect. C. Laboratory Trial Batches: When laboratory trial batches are used to ` select concrete proportions, prepare test specimens in accordance with ASTM C192-69 and conduct strength tests in accordance with ASTM C39-72, specified in ACI-301-72 (Rev. 1975). Establish a curve. -� showing relationship between water -cement ratio (or cement content) and compressive strength, with at "least 3 points representing batches which produce strengths above and below that required. Use not less than 3 specimens tested at 28 days to establish each point on the curve. D. Field Experience Method: When field experience methods are used to select concrete proportions, establish proportions as specified in ACI-301-72. Strength data for establishing standard deviation will be considered suitable if the concrete production facility has certified records _ consisting of at least 30 consecutive tests in one group or the statistical average for 2 groups totaling 30 or more tests, representing similar materials and project conditions. Standard Deviation: If standard deviation exceeds 600 psi or if no suitable records are available, select proportions to produce an average strength of at least 1200 psi greater than the required -- compressive strength of concrete. After sufficient experience and test data become available from the job, using ACI-214-77 methods of evaluation, the standard deviation may be reduced when the probable frequency of an average of 3 consecutive tests below required compressive strength will not exceed 1 in 100. E. The proportions and mixes of aggregate to cement paste shall be designed by a recognized commercial laboratory from a representative sample of aggregate stockpiled at the site if job mixed; if ready - mixed, shall be from a representative sample of aggregates stock- piled at the plant. If additional material is brought on the site for concrete work, a new design shall be made. The Contractor shall obtain a written approval from the Architect of the particular laboratory which he proposes to use. Cost Qf one design nix for each strength will be paid for by the Owner out of the allowance specified in Section 01020. If additional material is brought to the stockpile, additional tests will be paid for by the Contractor. 03300 - 4 F. Workability of concrete shallbesuch that concrete can be handled, placed and worked into angles and corners of forms, around reinforcing steel and inserts without segregation, without water and fine material rising to the surface. G. Slumps: Slumps shall fall within the following limits: Footings Max. 3 ---- Min. 1 Grade Beams, Walls Max. 5 ---- Min. 2 Slabs Max. 4 ---- Min. 2 3.04 MEASURING: The method of measuring water and aggregates shall be such as to secure specified proportion in each batch and in manner that proportion of water to cement can be closely controlled and easily checked at any time. �- 3.05 MIXING CONCRETE: All concrete throughout shall be either job or plant mixed in an approved type of power operated mixer that will insure a uniform distribution of the material throughout the mass. Contractors shall see that sufficient number of mixers are provided to rapidly carry on the work. Mixing shall be done in accordance with the requirements 4 of the American Concrete Institute Building Code. Mix each batch a minimum of one (1) minute before discharging. 3.06 PLACING CONCRETE: A. Place no concrete until forms, reinforcing steel, and/or other work required to be built into concrete has been installed. B. Place no concrete until earth surface to come in direct contact with the concrete has been sprinkled thoroughly with water. C. The placing or depositing of all concrete shall be in accordance r' with requirements of the American Concrete Institute Building Code. 3.07 CONSTRUCTION JOINTS: The rate and method of placing concrete and r- arrangement of construction joints shall be such that concrete may be placed in one (1) continuous operation. Location of construction joints shall be as shown on drawings. 3.08 CONTROL JOINTS: Joints shall be sawed where shown on the Drawings immediately after completion of the finishing operation. Joint depth shall be 1/3 of slab thickness. Fill all joints in slabs to be exposed with a self -leveling polyurethane sealant. Sealant shall be Sonolastic SL1 as manufactured by Sonneborn or an approved equal. Install in accordance with manufacturer's instructions. See detail on Drawings. 3.09 REMOVAL OF FORMS: A. Forms shall be removed in accordance with requirements of the American Concrete Institute Building Code, without damage to concrete and in a manner to insure complete safety of the structure. Leave shoring in place until concrete member may safely support its weight and loads upon it. Generally, the following procedure will be required: 1. Grade beam forms may be removed after 24 hours. 03300 - 5 3.10 CONSTRUCTION OF FORMS: Construct forms to slopes, lines, and dimensions shown, plumb and straight and sufficiently tight to prevent leakage; securely brace and shore -forms to prevent displacement and to safely support construction loads. Do not coat forms with materials that will stain or cause injury to exposed concrete surfaces. Keep wood forms wet as necessary to prevent shrinkage. See drawings for special architectural effects. 3.11 PLACING REINFORCEMENT: Place reinforcement accurately in position shown; securely fasten and support to prevent displacement before or during pouring. Cleaning, bending and placing of reinforcement shall be done in accordance with requirements of the American Concrete Institute Building Code. 3.12 INSERTS AND FASTENING DEVICES FOR OTHER WORK: Provide for installation of inserts, and other fastening devices required for attachment of other work. Properly locate in cooperation with other trades, and secure in position before concrete is poured. 3.13 PATCHING: Directly after forms have been removed, all exposed tie wires and stapled ends shall be removed from concrete surface to be exposed; cut ties flush with finished surfaces of all other concrete. Rub smooth or cut off fins and rough places; remove all loose concrete and fill honeycombing surfaces, stone pockets, and other irregularities with cement mortar. Do not patch any surface until the Architect has been notified and given opportunity to observe the irregularity. 3.14 PROTECTION AND CURING: Protect concrete against frost and rapid drying, and keep moist for at least six (6) days after placing. Concrete from which forms are removed within six (6) days after pouring, and cement finishes shall be sprayed during the curing period as frequently as drying conditions may require, and if necessary, be protected by suitable temporary coverings. Cover cement finishes with waterproof paper as specified under Paragraph entitled "Cement Floor Finishes". 3.15 SLABS: A. Concrete slabs on earth shall be placed over a well -tamped subgrade. Tamp and roll fill until thoroughly compacted. Immediately place concrete of required thickness, and strike off at proper levels to receive finishes specified. B. Set continuous expansion joint strips where edge of slab abuts a vertical surface and elsewhere as shown; seal joint tightly around strips and spaces around pipes penetrating floors. Use coal -tar pitch or asphalt mastic for sealing joints. 3.16 CEMENT FLOOR FINISHES: A. Troweled Surfaces: This specification is for exposed slabs with or without integral coloring, sidewalks, and slabs to receive floor covering. 1. Slabs shall be screeded a maximum of 8'-0" o.c. After placing, the concrete shall be rodded and screeded to the proper elevations. Slab should then be darbied or floated. As screeds are removed, the voids shall be filled and leveled; "Jitterbugs" or similar devices shall not be used. 03300 - 6 Immediately after floating, apply a coat of evaporation reducer with a constant pressure sprayer. Spray surface lightly and uniformly, covering surface with a fine mist. Follow manufacturer's directions. r 2. As soon as possible the slabs _shall be "laid down" by hand # troweling the surface once over completely. At this time the surface shall be checked with a 10'-0" straight edge, and high or low spots shall be brought to a common level at the elevation shown. 3. As soon as the surface is capable of supporting a troweling machine, the slab shall be troweled again. Hand troweling will be approved for the second troweling. 4. As soon as the surface will "ring" under a steel trowel, a final hand troweling will be required. All machine marks must be �- removed, and the surface must be left smooth, level, and true. Irregularity in the surface grade exceeding 1/8" in 10' will not be accepted. 5. When the surface can be walked upon without damage, cover all slabs with waterproof paper conforming to Fed. Spec. UU-B-790A- 76, or ASTM C171-69, lapping the edges sufficiently to seal out the air and secure in place by spreading sand over the paper. This covering shall remain in place a minimum of fourteen (14) days. Chemical curing compound may be used if type is compatible with finish flooring and approved by the Architect. �.. 6. Sidewalks shall be stiff brush or medium broom finish, in lieu of the third troweling. The texture shall be as approved by the Architect. Note Paragraph entitled "Concrete Walks" of this section of the specifications for further specifications i' regarding sidewalks. is 7. Ramps, porches and docks shall have stiff brush finish. 3.17 .SEALING: A. Concrete slabs shall receive an application of sealing compound as specified above. Application shall be by spray, as soon as concrete finishing is completed, and after the surface is free of excess water. The amount and rate of application shall be as recommended by the manufacturer. B. A second application consisting of 2 coats "Clear Bond Concrete Treatment" by Guardian Chemical Co., or equal, shall be applied to all concrete floors after all trades are finished and the structure is ready for use. Apply sealer in accordance with manufacturers r., printed directions. 3.18 CONCRETE WALKS: A. Concrete walks shall be one -course construction, 4" in thickness of 3000 lbs. concrete as hereinbefore specified. Walks shall be cured in a manner similar to that specified for floor slabs. B. Provide 1/2" expansion joints (with premolded filler) not more than 32' apart, also at junctions with curb, where walks abut building, platforms, and other fixed structures, and elsewhere as shown. Where walks terminate at curbs, provide 1" expansion joints with filler. Form dummy joints as indicated on drawings, or at 4'-0" intervals. 03300 - 7 C. Refer to Paragraph "Cement Floor Finishes" of this section for finishing instructions. Steps in connection with walks shall have the same finish as walks. Round all edges, including those at expansion and dummy joints to 1/4" radius. Where walks terminate at curbs, finish walk 1/4" above curb. Permit no pedestrian traffic on walks for a period of three (3) days. Gross slope for sloped or crowned,walks shall be 1/4" per foot, or as noted on the drawings. 3.19 COLD WEATHER PROVISIONS: A. Place no,concrete whenever it is anticipated that air temperature at the point of placement is likely to fall below 40 deg. F. B. Concrete may be placed when air temperature is 40 deg. F. and rising.. C. Use of accelerators and anti -freeze compounds will not be approved. 3.20 RUBBED FINISH: Where indicated, rubbed finish shall consist of smooth finish, as specified, wetted thoroughly and rubbed with carborundum stones to a finish uniform in color and texture. Mortar or grout shall — be employed during rubbing, and mortar worked up during rubbing shall be removed. Upon completion of rubbing, the surfaces shall be washed thoroughly with clean water. 3.21 CONCRETE CURB AND GUTTER INSTALLATION: A. Portland Cement` concrete curbs or curb and gutter, without reinforcing steel, shall be constructed on approved subgrade in accordance with these specifications, and in conformity with the lines and grades established on the ground, and as shown on the - plans. B. The subgrade shall be excavated to the lines and grades shown on the plans and as established in the field. All subgrade shall be damp and firm before pouring the concrete. C. Outside forms shall be metal, straight, clean, oiled and of a height _ equal to the depth of. the curb. They shall be securely staked to line and grade and maintained in this position during depositing of concrete. Inside forms shall be of such shape and material to give the curb section desired, and shall be rigidly attached to the outside forms. Where curb and gutter intersects valley gutters, the lip of the gutter shall be depressed to provide drainage to the flow line of the valley gutter. D. Concrete shall be proportioned as determined by a testing laboratory using local aggregate. The minimum cement content shall be given five (5) sacks per cu.yd. and the maximum water content shall be seven (7) gallons per cu.yd. The maximum water content shall include any free moisture present in the aggregate. E. The mixing shall be done in a batch mixer of approved type and size -- which will insure the uniform distribution of the material throughout the mass so that the mixture will be uniform in color and smooth in appearance. Concrete may be "ready -mixed", but transporting.vehicle shall be in good condition to prevent loss or segregation of ingredients. Continuous mixing during transit will be required. Placement of concrete within one (1) hour from charging mixer with ingredients shall be required. F. Premoulded asphalt composition expansion joint shall be installed at a maximum spacing of 16 ft. and at ends of all curb returns. Tooled contraction joints, cut through entire cross-section of curb and 03300 - 8 gutter, shall be constructed at a maximum spacing of ten ft. (101) r and a minimum of five (F). Contraction joints may be replaced by expansion joints at Contractor's option. G. The Contractor shall give the Architect sufficient advance notice before starting to place concrete in any unit of curb and gutter; to permit the inspection of forms, subgrade and expansion joints. The method and manner of placing shall be such as to avoid the possibility of segregation or separation of the aggregate. Each form shall be filled by depositing concrete as near its final position as possible. The course aggregate shall be worked back from the faces. H. After the concrete has been struck off and after it has become t , sufficiently hard to stand up, but before the initial set is complete, the face form shall be removed and the curb shaped to conform with cross-section shown on the plans. This may be done by C "darbying" or with a "mule" or template. The entire exposed surface shall then be thoroughly worked with a wooden float, leaving curb and gutter to line and grade. Care shall be taken that no more concrete is poured than can be properly finished with the available finishing crew. The entire exposed surface shall be brush finished, after final troweling has been complete, to give a uniform and PM slightly grained surface. All exposed edges and joints are to be edged with a 112" edging tool. J. All concrete shall be adequately protected from injurious action by the sun, heavy rains, rapid drying, freezing and mechanical damage. Concrete shall be cured by applying an impervious membrane curing compound. The membrane curing compound shall comply with the "Standard Specification for Liquid Membrane -forming Compounds for POW Curing Concrete," ASTM C-309, Type 1, clear or translucent. It shall be applied after the surface finishing has been completed, and immediately after the free surface moisture has disappeared. The surface shall be sealed with a single uniform coating of not less than one (1) gallon per 180 sq.ft. of area. End of Section 03300 - 9 r- t 0 SECTION 05500 - MISCELLANEOUS METALS PART 1 - GENERAL 1.01 DESCRIPTION: Provide miscellaneous metal work as detailed or specified, including anchors, fasteners, hardware and accessories. 1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions, Supplementary Conditions and General Requirements apply to the work specified in this section. 1.03 RELATED WORK SPECIFIED ELSEWHERE: Concrete - Section 03300 1.04 QUALITY STANDARDS: A. Comply with the provisions of the following codes, standards and specifications, except as otherwise shown and specified. AISC "Specifications for the Design, Fabrication, and Erection of Structural Steel for Buildings", including "Commentary of the AISC Specification". AISC "Specification for the Design of Cold -Formed Steel Structural Members". AWS "Code for Welding in Building Construction." B. Regulatory Requirements: Miscellaneous metals shall comply with requirements of Americans with Disabilities Act (Public Law 101- 336), and the Texas Accessibility Standards (TAS) Architectural Barriers Act, Article 9102, Texas Civil Statutes. 1.05 SUBMITTALS: A. Shop Drawings: Submit shop drawings in accordance with Section 01340. Indicate each item being furnished, including materials, quantities, sizes, shapes,locations, connections and fasteners. Designate shop and field welds in accordance with AWS standard symbols. Furnish setting diagrams, erection plans, templates and directions for installation of backing plates, embedded anchors and other items. B. Product Data: For each catalog item, submit manufacturer's product data sheet indicating product description and installation recommendations. Submittal shall be in accordance with Section 01340. 1.06 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Properly identify and mark items in accordance with approved Shop Drawings. B. Deliver embedded items to site in accordance with concrete construction schedule. C. Store products completely clear of ground and covered to avoid damage by elements. 05500 - 1 1.07 COORDINATION: Coordinate with other trades where their work is affected by miscellaneous metal work. PART 2 - PRODUCTS 2.01 MATERIALS: A. Miscellaneous Structural Steel: ASTM A36. B. Castings: 1. Grey Iron: ASTM A48, Grade 35B. 2. Malleable: ASTM A47, Grade 35018. 3. Steel: ASTM A27, Grade 65 - 35. C. Fasteners: Furnish galvanized with galvanized items. 1. Bolts: ASTM A307, Grade A. 2. Expansion Bolts: Self -drilling anchors, Red Head Self -Drilling ` Series, or equal. D. Shop Paint: Equal to TNEMEC Series 10-99 red metal primer. 2.02 FABRICATION - GENERAL: A. Fabricate work true to shape, size and tolerances, as detailed, with straight lines, square corners or smooth bends; free from twists. B. Grind and dress edges and ends of metal smooth, with no sharp edges and with corners slightly rounded. C. Perform welding in accordance with AWS D1.1 and approved Shop Drawings. Grind welds smooth and at decorative items, polish to -- uniform surface or radius. D. Construct connections and joints exposed to weather to exclude water. E. Provide sufficient type, quantity and size of anchors for proper fastening of items. Fastenings shall be concealed wherever possible. F. Provide holes and connections for work of other trades. G. Preassemble items in the shop to the greatest extent possible, so as to minimize field splicing and assembly of units at the project site. Disassemble units only to the extent necessary for shipping and handling limitations. Clearly mark units for reassembly and coordinated installations. 2.03 FABRICATED PRODUCTS: A. Miscellaneous Steel Shapes: Channels, wide flange shapes, standard pipe, angles, plates, connections and bolts where shown and detailed on Drawings. Hot -dip galvanize items on exterior. _ B. Steel Guard Posts: 6" standard galvanized steel pipe as detailed on Drawings. Provide welded convex steel cap at top of post. C. Aluminum Pipe Handrail System: 1. Where shown and herein specified, furnish and install aluminum pipe component rail system equal to Wesrail as manufactured by Moultrie Manufacturing Co., Moultrie, GA, 800-841-8674. 2. Material quality: Provide materials free from surface blemishes —` 'where exposed to view in the finished installation. 3. Aluminum: Alloy - 6063 - T6. a. Extruded pipe: 1-1/2 inch O.D., ASTM B 429. -- b. Bars, Rods and Tubes: ASTM B221. c. Plate and Sheet: ASTM B 209. 4. Base Flanges, Anchors and, Inserts: Provide manufacturer's standard machined or cast base flanges. Provide all anchors and • inserts required to support work specified, in accord with approved shop drawings. 5. Fittings and fasteners: Provide fittings and fasteners of same basic material and alloy as parts being joined, unless otherwise indicated. Provide Type 305 stainless steel blind rivets and self -tapping screws. Do not use metals that will be corrosive ` and incompatible with materials being fastened. 6. Provide weep holes or other means to exit entrapped water in hollow sections of railing members that are exposed to exterior or to moisture from condensation or other sources. 7. Anodized Aluminum: Dark Bronze Anodized. 2.04 CATALOG PRODUCTS: A. Roof Drain Nozzle: Where noted on Drawings, furnish and install roof drain nozzle equal to Wade model number 3940 cast bronze, size to match existing piping. B. Stair Nosing: At tile surfaced or concrete stairs and steps where indicated on Drawings, furnish and install stair nosings on each tread. Nosings shall be continuous and the length of tread less 3" each side. Nosings shall be equal to the following: Wooster - #131 1. At new poured concreted stairs: Type 3511 (embedded) as manufactured by American Safety Tread Co., Inc., (800) 245-4881. 2. At existing tile surfaced stairs: Type G4702 (surface applied) as manufactured by American Safety Tread Co., Inc., (800) 245- 4881. PART 3 - EXECUTION 3.01 INSPECTION AND PREPARATION: A. Examine structure and surfaces for defects that would prevent proper installation of miscellaneous metal items. Report discrepancies. B. Field measure related work and openings as required for proper fit. 3.02 INSTALLATION: r' A. Install items in accordance with approved Shop Drawings and manufacturer's instructions. B. Install plumb and level, anchored rigid and secure, and in true alignment with related and adjoining work. C. Field weld members in accordance with AWS D1.1. Grind exposed welds smooth. D. Provide anchoring devices and fasteners for properly installing items. E. Set surface applied stair nosings in full bed of exterior grade mastic before anchoring to substrate. r- F. At existing roof drains to receive cast bronze nozzle, extend pipe f as required and thread to receive nozzle. Securely anchor flange to solid substrate. r G. Upon completion, re-examine work and correct to insure that installation is firm, tight, anchored, in true alignment with neat fits, without distortions, unsightly fastenings, raw edges or protrusions. 05500 - 3 H. Touch-up field welded areas with specified shop paint. Use specified galvanized touch-up at galvanized items. I. Handrails: The structural strength of installed handrails, fasteners, and mounting devices, as finally installed, shall be capable of withstanding a thrust of 250 lbs. applied in any direction. Handrails shall not rotate in their mountings. End of Section 05500 - 4 r SECTION 07100 - WATERPROOFING PART 1 - GENERAL 1.01 DESCRIPTION: Provide waterproofing and all supplementary items necessary. 1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions, Supplementary Conditions and General Requirements apply to the work specified in this section. 1.03 SCHEDULE OF WORK: The extent of waterproofing work is shown on the drawing or herein specified. Location of various types shall be as follows: A. Membrane Waterproofing: Include exterior surfaces of all basement walls extending from top to bottom of wall, including brick shelves, projections, etc. Use membrane waterproofing at all interior and exterior planters and elsewhere as shown on the Drawings. 1.04 QUALITY ASSURANCE: A. Manufacturer: Provide only products of manufacturers with not less than 3 years of successful experience in supplying the principal materials for the required work. B. Application: Applicator shall show proof of at least 5 years of experience in successfully completing work of comparable size. 1.05 JOB CONDITIONS: A. The Installer must examine the substrate and the conditions under which waterproofing work is to be performed, and notify the Contractor in writing of unsatisfactory conditions. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Installer. B. Weather Conditions: Proceed with waterproofing work only when weather conditions comply with manufacturer's recommendations, and will permit the materials to be applied in accordance with the recommendations. 1.06 SUBMITTALS: A. Manufacturer's Data: Submit copies of specifications, installation instructions. and general recommendations by the manufacturer of waterproofing materials. Include published data for each material r showing compliance with the requirements. Submittal shall be in accordance with Section 01340. '~ 1.07 GUARANTEE: All work under this contract shall be performed by a reliable applicator. Upon completion of the work the installer shall furnish the Owner with a written warranty, cosigned by the General Contractor, stating that all materials and workmanship are guaranteed for a period indicated below from the date of acceptance, and that all repairs necessary during the warranty period due to water damage will be FOR made without expense to the Owner: Membrane waterproofing installer - two years r Membrane waterproofing manufacturer - five years R f 07100 - 1 PART 2 - PRODUCTS 2.01 MEMBRANE WATERPROOFING MATERIALS: Shall be equivalent to Bituthene Waterproofing Systems by Grace Construction Products: A. Membrane: Bituthene 3000, self -adhering membrane of rubberized asphalt integrally bonded to polyethylene sheeting. B. Primer: P-3000 C. Protection Board Adhesive: PBA 3000 D. Protection Board: PB3000, 1" lightweight cellular plastic. PART 3 - EXECUTION 3.01 MEMBRANE WATERPROOFING: A. Excavation: Remove existing soil as required to allow space to install membrane waterproofing. B. Preparation: Concrete surface must be free of voids, spalled or loose aggregate, and sharp projections. Surface must have a smooth troweled finish. Concrete surface must be dry. Patch as required to fill all holes, voids and other irregularities. C. Temperature: Apply Bituthene 3000 only in fair weather when air and surface temperatures are above 40 deg. F. Between 25 deg. and 40 deg. F., use Bituthene 3100. Bituthene Primer P-3100 must be used on vertical surfaces at temperatures between 25 deg. and 40 deg. F. Do not apply Bituthene to frozen concrete. D. Priming: Apply Bituthene Primer P-3000 to concrete by spray or lambswool roller (250 to 350 sq. ft. per gallon). Allow primer to dry one hour or until tack free. Prime only the area which will be covered with membrane in a working day. Areas not covered with membrane in 24 hours must be reprimed. Primed surfaces should be covered .immediately where contaminants from the air accumulate on the surface. Metal or other dense surfaces do not require priming, but must be clean, dry and free of loose paint, rust or other contaminants. E. Corner Details: Cover all inside and outside corners with' an initial strip a minimum of 11" wide centered on the axis of the corner, followed by the full width Bituthene Membrane application. Outside corners must be free of sharp edges. Inspect surfaces adjacent to all corners and repair if necessary to provide a smooth �- dense surface. Inside corners should receive a fillet formed with epoxy mortar or latex modified cement mortar (such as Daraweld-C mixed in with cement mortar) and a double coverage of membrane as -- described above. Do not use fiber or wood cants. F. Vertical Surfaces: Apply Bituthene Membrane vertically in strips of 8 feet in length or less. Edge seams must be overlapped at least 2- 1/2". On higher walls, apply in two or more sections with the upper '— overlapping the lower by at least 2-1/2". Press all membrane on .vertical surfaces with heavy hand pressure during application. Bituthene Membrane should be applied over the edge of the slab or over the top of the foundation. Apply a troweled bead of Bituthene EM-3000 to all vertical and horizontal terminations. 07100 - 2 F Seal all daily terminations with a thin troweled bead of EM-3000. Bituthene must not be applied in any areas permanently exposed to sunlight. Patch tears and inadequately lapped seams with Bituthene Membrane. Slit fishmouths and repair with a patch extending 6" in all directions from the slit and seal edges of the patch with EM-3000. Inspect membrane thoroughly before covering and make any corrections immediately. G. Protection of Membrane: Bituthene shall be protected. Bituthene Protection Board PB-3000 adhered with Bituthene Protection Board Adhesive PBA-3000 applied at a rate of 250-350 sq. ft. per gallon. r` H. Backfill: After installation of membrane and protection board, !, backfill soil and compact to match undisturbed adjacent soil. Rake surfaces level. End of Section 07100 - 3 F r t 19 I SECTION 07240 - EXTERIOR INSULATION AND FINISH SYSTEM PART 1 - GENERAL 1.01 DESCRIPTION: Furnish all labor, equipment and material necessary to complete the installation of the insulation and finish shown on the Drawings. 1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions, Supplementary Conditions and General Requirements apply to the work specified in this section. 1.03 RELATED WORK SPECIFIED ELSEWHERE: Sealant - Section 07900 1.04 QUALITY ASSURANCE: A. Supplier Qualifications: Supplier shall be an established firm, experienced in the field; DRYVIT System, Inc., or an approved equal. B. Applicator Qualifications: Application of the system shall be by an applicator approved by the manufacturer of the system. C. Mock-up Installation: Prior to installation of system, provide sample mock-up panel using materials specified for final work. Build sample panel at the site, as directed, and of full thickness and approximately 4' x 31. Demonstrate the proposed range of color, texture and workmanship to be expected in the completed work, including all types of joints and reveals to be used on the project. Obtain Architect's acceptance of visual qualities of the sample panel, before starting work. Retain sample panel during construction as a standard for judging completed work. Do not alter, move or destroy sample panel until application work is completed. D. Reference Standards: 1. Federal Specification (Fed. Spec.) HH-I-524 B Insulation Board, Thermal (Polystyrene) 2. Federal Standard (Fed. Std.) 141A/6201 Moisture Resistance 141A/6191 Abrasion Resistance (Falling Sand) 141A/6061 Salt Spray (Fog) Test 141A/6151 Accelerated Weathering 3. American Society of Testing and Materials (ASTM) ASTM B 117 (Federal Test Standard 141A Method 6061) Method of Salt Spray (Fog) Testing ASTM C 79 Test Method for Gypsum Sheathing Board ASTM C 150 Specification for Portland Cement ASTM C 297 Test Method for Tensile Strength of Flat Sandwich Constructions in Flatwise Plane ASTM D 968 (Federal Test Standard 141A Method 6191) Test Method for Abrasion Resistance of Organic Coatings by the Falling Abrasive Tester ASTM D 2247 ( Federal Test Standard 141A Method 6201) Method of Testing Coated Metal Specimens at 100 Percent Relative Humidity 07240 - 1 ASTM E 84 Test Method for Surface Burning Characteristics of Building Materials ASTM E 96 Tests for Water Vapor Transmission of Materials ASTM E108 (Modified) Method of Fire Tests of Roof Coverings ASTM E 119 Method for Fire Tests of Building Construction and _ Materials ASTM E 330 Test Method for Structural Performance of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air — Pressure Difference ASTM E 331 Test Method for Water Penetration of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air Pressure Difference ASTM G 23 (Federal Test Standard 141A Method 6151) Recommended Practice for Operating Light and Water Exposure Apparatus (Carbon -Arc Type) for Exposure of Non-metallic Materials E. Regulatory Agencies: The system shall be approved by the building codes or agencies with jurisdiction on the project. 1. Packaging shall be labeled to indicate approval. F Apply system in strict accordance with manufacturer's latest printed application instructions. 1.05 SUBMITTALS: Submit in accordance with Section 01340. A. Samples: Submit samples of materials to Architect for approval and selection of color and texture. Do not order materials until after approval and selection by Architect. B. Manufacturer's Data: Submit copies of manufacturer's technical data and application instructions for each material. C. Submit letter of applicator's approval by system manufacturer. 1.06 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Deliver products in original unopened packaging with legible manufacturer's identification. B. Store products in a cool, dry place out of direct sunlight, protected from the elements and from damage. 1. Store at a temperature of not less than 40 deg. F. 1.07 JOB CONDITIONS: A. Cold Weather Requirements: _ I. Provide heat and protection as required to maintain a minimum ambient temperature of 40 deg. F. for at least 24 hours after the system installation. 2. Distribute heat uniformly to prevent concentration of heat near - the source. 3. Do not apply the system in ambient temperature below 40 deg. F. or on frozen surfaces. B. Protection: 1. Protect surrounding areas and surfaces to preclude damage during application of the system. 2. Protect finished work when stopping for the day or when _ completing an area in order that water will not penetrate behind the system. 07240 - 2 1.08 COORDINATION: The work of this section requires close coordination between related sections. Make provisions for installation of other work; openings, anchors, flashings,,etc. to avoid cutting and patching. All caulking shall be done immediately after installation of the system. 1.09 MAINTENANCE KIT: At completion of project, furnish Owner with Maintenance Kit with enough material to repair 64 square feet. �.. Containers of liquids shall be unopened. 1.10 GUARANTEE: Provide the Owner with a written guarantee from the manufacturer which shall guarantee the material against any defects for a minimum period of 5 years. The installer shall provide a written warranty against defects in workmanship for a period of 2 years. 2.01 MATERIAL: A. Adhesive: The adhesive shall be designed to be compatible, both in bond strength and chemical structure, with the specific rigid insulation used and with the stratum to which it is adhered. B. Portland Cement: Portland Cement shall conform to ASTM C 150, Type I, fresh and free from lumps. C. Water: Water shall be clear, clean and potable, without any foreign matter in solution which might affect the color or setting qualities of the cement, adhesive, or finish coat. D. Insulation Board: 1. Expanded polystyrene; Federal Specification HH-I-524 B less than 25 flame spread, thickness as shown. 2. The density and shear modulus of the insulation board shall be such that it serves as a buffer between wall structure and exterior finish. a. It shall be coordinated so that thermal and structural movements in the wall structure and thermal contraction of the insulation will not produce excessive shear stresses in the reinforced coating. E. Plastic Veneer Base: 1. The plastic veneer base shall be a hard, breathing type bonding layer. p 2. This bonding layer shall be of an especially prepared mastic type material applied in a thickness sufficient to completely embed the reinforced fabric. P 3. The strength of the shear bond on the surface of the insulation board shall be sufficient to develop the full tensile strength of the reinforcing fabric. F. Fiberglass Reinforcing Fabric: The fiberglass fabric is twisted t , multi -end strands, specifically treated for compatibility with all of the compounds of the system. r• 1. Provide Standard Plus (6 oz.) mesh on all surfaces. 2. Provide layer of Panzer 20 (20.5 oz.) mesh beneath Standard Plus mesh on all surfaces. r., G. Plastic Veneer Finish: 1. The plastic veneer finish shall be of a hardening, air cured mastic type material, equal to Standard DPR with texture as selected by the Owner/Architect from one of the following: 07240 - 3 Quarzputz, Sandpebb l e, Sandpebb l e Fine or Adobe Fine, a l l 100% acrylic based. 2. It shall form a breathing type coating fully bonded and compatible with the plastic veneer base to which 1; is applied. 3. The plastic veneer finish color shall be factory mixed and _ integral, and a custom color as selected by the Architect. a. Color and texture shall comply with the approved sample. H. Manufacturer: System specified is based on products manufactured by DRYVIT System, Inc., 420 Lincoln Avenue, Warwick, RI. 2.02 SYSTEM PROPERTIES: The system specified shall have the following minimum characteristics and properties. A. Mechanical Properties: 1. Tensile Bond Strength of Adhesive - ASTM D 1682 Insulation Board to: Exterior gypsum sheeting 1200 psf. — Concrete 1900 psf. . 2. Impact Resistance - ASTM E-72 (Sections 13.1 - 13.4) — Drop Height Indentation Observations 6 ft. 8.5 mm non -cracking 3. Freeze -Thaw Resistance - 68 deg. to 14 deg. Soaked @ 68 deg - 4 days Results: 60 Cycles with no then 14 deg for 2 hours checking, cracking and 68 deg. for 2 hours. or splitting. 4. Water Vapor Transmission - ASTM C-355 Insulation Board 1.2 to 2.0 perm -inch. Plaster Lamina 9.75 perm. B. Weathering Properties: 1. Accelerated Weathering - Fed. Std. 141A/6151 2000 Hours. 2. Salt Spray Resistance - Fed. Std. 141A/6061 300 Hours - 5% Salt Concentration. 3. Falling Sand Abrasion - Fed. Std. 141A/6191 500 Liters - no deleterious effects. 4. Moisture Resistance - Fed. Std. 141A/6201 14 days - no deleterious effects. — 5. Mildew Resistance - Mil. Std. 810 B. - No growth of mildew. 2.03 MIXING: _ A. Adhesive and Plastic Veneer Base: 1. Use clean plastic container, free of all foreignsubstance, for mixing and preparing material. Do not use container which has been used for or cleaned with a petroleum product. 2. Use a mixer similar to Goldblatt Jiffler Mixer No. 15 311 H7, powered by 1/2 in. drill 400-500 RPM. 3. Stir adhesive or plastic veneer base before adding portland cement to assure homogeneous material. 4. Mix Type 1 portland cement with adhesive or plastic veneer base in a ratio of one part portland cement to one part adhesive or plastic veneer base. a. Measure quantities of adhesive or plastic veneer base and portland cement separately before mix. b. Add portland cement to adhesive or plastic veneer base in small increments while thoroughly mixing each increment. 5. Water may be added to adjust workability. 07240 - 4 6. Pot life for mixed adhesive or plastic veneer base should be the same as ordinary mortar or plastic materials. a. Keep container closed when not in use. 7. No additives such as rapid binders, anti -freeze, accelerators, etc., shall be added to any material under any circumstances. r B. Plastic Veneer Finish: 1. Thoroughly mix the factory prepared plastic veneer finish material with the high speed mixer, until a uniform workable consistency is attained. a. A small amount of clean potable water may be added to adjust workability. PART 3 - EXECUTION 3.01 REMOVAL OF EXISTING QUARRY TILE: A. Refer to Drawings for areas of existing quarry tile to be removed. B. Remove completely, all quarry tile, grout and loose bonding mortar or leveling compounds to achieve surface that is free from defects that would prohibit bonding of exterior insulation and finish system. 3.02 INSPECTION: A. Surfaces to receive the insulation and finish system shall be dry, clean, free of releasing agents (silicones, oils,. etc.) or waxy films, and shall be sound and free of hot spots. B. Surfaces with planar irregularities greater than 1/4" are unacceptable. C. Do not proceed with work until unsatisfactory conditions are corrected. Starting of work shall constitute acceptance of surface to receive system. 3.03 PREPARATION: A. Patch as required, all holes and surface irregularities with leveling compound as recommended by the exterior insulation and finish system manufacturer, to achieve acceptable substrate for application of exterior insulation and finish system. B. All existing masonry or concrete surfaces shall be washed with a masonry type cleaner and thoroughly flushed with water. C. Remove and reinstall as required, all existing plumbing, electrical, hardware or devices occurring in areas to receive new exterior insulation and finish system. Install any new devices noted. 3.04 APPLICATION - EXTERIOR INSULATION AND FINISH SYSTEM: A. Install the exterior insulation and finish system in accordance with the current application instructions DS 204. k B. Applying Insulation Board: 1. The application of insulation board to vertical surfaces shall begin at the base from firm, permanent or temporary support. 2. Board shall be applied horizontally in a running bond. 3. Pre-cut insulation board as required to fit openings, projections, etc. Stagger vertical joints and corners. 4. With a trowel apply a bead of mixed adhesive 2" wide by 3/8" thick on the entire perimeter of the board. Apply dabs of adhesive 3/8" thick by 4" in diameter approximately 8" on center I^ t i 07240 - 5 r to the interior area. A minimum of 25% adhesive area must result. 5. Apply pressure over entire surface of board to insure uniform contact and high initial grab. Abut all joints tightly and _ insure`an overall flush level surface. a. Any irregularity of the insulation board greater than 1/16" must be rasped flush. 6. All accessory items or expansion joints should be installed and - completely bedded in with adhesive. a. Accessory items are specified or noted on the Drawings. 7. Expansion joints shall be installed in the following locations: a. Where expansion joints occur in the substrate system. b. Where building expansion joints occur. c. Where exterior insulation and finish system abuts dissimilar materials. d. Where substrate changes. e. In continuous elevations at intervals not exceeding 75 feet. Coordinate with Architect on location of joint. C. Plastic Veneer Base and Reinforcing Fabric: 1. Using a stainless steel trowel, apply mixed plastic veneer base to the entire surface of the insulation board to a uniform thickness of approximately 1/16". 2. Immediately place the reinforcing fabric against the wet plastic veneer base coating, and, by troweling from the center to the edges, embed the fabric into the coating. a. Reinforcing fabric shall be continuous at corners and lapped not less than 2-1/2" at fabric edges. b. Avoid wrinkles in embedding the reinforcing fabric. c. Coating shall be such that the reinforcing fabric is fully embedded. 3. The plastic veneer base coating surface shall be dry and hard before proceeding to plastic veneer finish application. 4. Where additional impact layers of plastic veneer base and reinforcing fabric are shown on drawings or specified, the above procedure (1 and 2) should be repeated after the preceding layer has set up. 5. Exterior insulation and finish system base coat surfaces in contact with sealant shall be coated with Demandit or Color _ Prime. Sealant shall not be applied directly to textured finishes or base coat surfaces. C. Plastic Veneer Finish: Apply plastic veneer finish material directly to the reinforced plastic veneer base coating in accordance with manufacturer's printed instructions to achieve the texture selected by the Owner/Architect. D. Cleaning: 1. Remove excess exterior insulation and finish system materials from the job site. 2. Clean all surrounding surfaces to remove any exterior insulation and finish system base coat or finish coat splatters. E. Protection: Protect the exterior insulation and finish system from weather and other damage until sealants at perimeter and expansion joints is installed. End of Section 07240 - 6 F r r i i SECTION 07900 - CAULKING AND SEALANTS 1.01 DESCRIPTION: A. Provide exterior sealants required to close joints which would allow moisture or air to enter between fixed materials and as otherwise indicated on the drawings for exterior sealing. B. All joints between new quarry tile or exterior insulation and finish system provided under this contract, and adjacent dissimilar materials shall be caulked with sealant. 1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions, Supplementary Conditions and General Requirements apply to the work specified in this section. 1.03 RELATED WORK SPECIFIED ELSEWHERE: Exterior Insulation and Finish System - Section 07240 1.04 SUBMITTALS: A. Manufacturer's Literature: Submit manufacturer's name and product proposed for use, and manufacturer's color charts for Architect's selections and approval. Submittal shall be in accordance with Section 01340. B. Samples and Test Reports: For materials other than those specified, furnish a unit sample of each material proposed (include primer), accompanied by certified independent laboratory test reports showing that materials to be furnished have been tested and meet requirements of applicable contract documents and manufacturer's certification that no major formula change has taken place since date of test. Sample containers shall be labeled as to supplier, name of material, specification numbers, colors. Include letters or published recommendations by manufacturer to support selection and compatibility of various related materials with respect to type of joints for which each material is intended. 1.05 QUALITY ASSURANCE: A. Acceptable Sealants: 1. Dow Corning 795 2. General Electric Silpruf 3. Tremco Spectrem 2 B. Applicator: Approved in writing by sealant manufacturer as a qualified applicator of their product. C. Compatibility: Secure approval from manufacturer of exterior finish and insulation system for use of one of the above special sealants. 1.06 DELIVERY AND STORAGE: Deliver materials in unopened containers as packaged by manufacturer. Store in a manner to protect materials from weather. 07900 - 1 r 1.07 JOB CONDITIONS: A. Environmental Requirements: 1. Sealant shall be applied only when (1) the ambient temperature is 40 degrees F and rising and (2) surfaces to be sealed are dry. 2. Proceed with sealant work only when weather conditions are in compliance with manufacturer's recommendations. B. Protection: — 1. Restore to original condition or replace work or materials damaged during handling of sealant materials. 2. Protect surfaces adjacent to sealant work prior to starting _ work. 1.08 GUARANTEE: Provide Owner a written guarantee which shall guarantee sealant operations to be free of leaks and defects in material and workmanship for a period of two years from date of acceptance. PART 2 - PRODUCTS 2.01 MATERIALS: _ A. Sealant: Provide sealant at all exterior joints created under this contract subject to movement and between dissimilar materials. Refer to Drawings and related specification sections for additional information. Select from the following and use same manufacturer on the entire project: 1. Dow Corning 795 2. General Electric Si 1pruf —. 3. Tremco Spectrem 2 4. Color shall be as selected by Architect. B. Joint Backing: Closed cell or open cell polyethylene joint backing _ material as recommended by sealant manufacturer. Select a size that will cause about 30% compression in joint. C. Bond -Preventive Materials: Polyethylene tape, pressure -sensitive adhesive or masking tape, FS UU-T-106. D. Primer: As recommended by sealant manufacturer for each type of working surface. Coordinate use of primers with primer requirements established by the exterior insulation and finish system — manufacturer. 2.02 MIXING: Mix two -component sealants in accordance with directions printed on container labels. PART 3 - EXECUTION 3.01 SURFACE PREPARATION: A. Concrete, exterior insulation and finish system and masonry surfaces shall be smooth, dry, sound. Brush and wipe surfaces dust free. Remove oil, grease, release agents, coatings or other contaminants from surfaces. B. Remove loose mill scale from steel surfaces. Remove dirt, oil or grease by solvent cleaning and wipe surfaces. C. Report unsatisfactory surfaces to Architect. l wllww r l r D. Prime and prepare surfaces in strict accordance with sealant and 1 exterior insulation and finish system manufacturers' written recommendations. r^' 3.02 JOINT SIZES AND BACKING: A. Sealant: Minimum and maximum joint sizes shall be as recommended by sealant manufacturer and as shown on drawings. Use joint backing r., material to control depth of Joints. In joints 1/2" and wider, j depth equal to 1/2 width with minimum depth of 1/4". 3.03 APPLICATION: A. Joint Backer: Install joint backer to achieve required depth of joints. Where not used, install a bond -preventive material in joint. B. Sealant: Apply sealant to joints prior to water repellent or clear coating operations. Apply sealant within 8 hours after primer has dried. Gun -apply sealant, completely filling joint. Tool joints smooth and wrinkle free. 3.04 CLEANING: Remove excess sealant materials and smears from adjacent surfaces as work progresses. Solvent recommended by manufacturer may be used to remove sealant. Remove debris from site. End of Section 07900 - 3 F SECTION 09330 - QUARRY TILE r PART 1 - GENERAL 1.01 DESCRIPTION: Provide complete installation of salvaged quarry tile and repair/replacement of damaged quarry tile and grout joints. 1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions, Supplementary Conditions and General Requirements apply to the work specified in this section. r� !: 1.03 SUBMITTALS: Submit data on grout for Architect's approval and selection of colors. Do not order materials until after approval and selection by �- f Architect. Submittal shall be in accordance with Section 01340. f 1.04 QUALITY ASSURANCE: A. Reference Standards: r 1. American National Standards Institute (ANSI) A108.5, A118.1 - • 1985. 2. Recommended Standard Specifications For Ceramic Tile - TCA 137.1 - 1988. 3. 1989 Handbook for Ceramic Tile Installation, Tile Council of America. 1.05 DELIVERY AND STORAGE: Deliver materials in unbroken factory -marked containers and store in dry, protected area. r^ 2.01 MATERIALS: f A. General: Quarry the used for patching and replacement shall be ` salvaged quarry tile removed from the existing building where indicated on the Drawings. l B. In addition to tile required for patching and replacement, contractor shall provide the Owner with 100 s.f. of salvaged tile for Owner's use in future repair work. C. Salvage tile shall be free from chips and cracks, and shall be cleaned as required for reuse in areas to be repaired and patched. D. Adhesive Material: Hydroment Ultra -Set, trowelable, elastomeric waterproofing, crack isolation membrane and setting adhesive as manufactured by Bostik, (800) 726-7843. E. Grout. Hydroment Ceramic Tile Grout (sanded) or Dry Tile Grout (unsanded) as required to match existing conditions, both as l manufactured by Bostik, (800) 726-7843. Color shall match existing. l F. Water: Potable. G. Expansion Joint Sealant: 1. Single -component sealant equal to Dow Corning 795 silicone. 2. Sealant color shall be as selected by Architect to match or blend with adjacent materials. H. Expansion Joint Back -Up Materials: Shall be a flexible and compressible type as recommended by the manufacturer of the sealant. F 09330 - 1 I Furnish material in sizes and shapes indicated by joint details or as recommended by the sealant manufacturer for the size of joint and type of materials. Material shall be non -staining and compatible with the sealants used. 2.02 MIXES: A. Grout: Mix in accordance with manufacturer's recommendations. PART 3 - EXECUTION 3.01 PATCHING AND REPLACEMENT OF EXISTING QUARRY TILE: A. Refer to Drawings'for areas of existing quarry tile to be patched or replaced., B. Remove loose pieces completely, including grout and loose bonding material or leveling compounds to achieve surface that is free from defects and ready to receive new tile. 3.02 INSPECTION AND PREPARATION OF SURFACES: A. Surfaces to receive tile shall be dry, clean, free of oily or waxy films, and shall be firm, level and plumb. Surfaces which vary more than 1/4" in 10 ft. are unacceptable. B. Provide satisfactory protection of adjoining work. C. Do not proceed with installation work until unsatisfactory conditions are corrected. Starting of work shall constitute acceptance of surfaces to receive tile. D. Remove and reinstall as required, all existing plumbing, electrical, hardware or other devices occurring in areas to be patched. E. Remove and reinstall as required, all existing plumbing, electrical, hardware or other devices occurring in areas to be patched. 3.03 LAYING OUT TILE WORK: Lay -out tile work on all surfaces to match pattern and coursing of adjacent existing work to remain. 3.03 INSTALLATION: A. Adhesive Material: Install in accordance with manufacturer's printed instructions. B. Quarry Tile: Prepare surfaces, fit, set in pattern to match existing adjacent grout, and clean in accordance with applicable requirements of ANSI Standards for setting method specified. C. Grout: Grout tile in accordance with grout manufacturer's recommendations. Leave smooth and uniform in color without voids or pinholes. D. Expansion Joints: 1. Where existing expansion joints occur, preformed joint filler or back-up material shall be inserted in expansion joints at proper height to allow the correct cavity depth for the sealant. Sand or grind tile edges at expansion joints to obtain optimum sealant bond. 2. Prior to grouting, keep expansion joints open and clean by stuffing with paper or other material to prevent filling with dirt, grout or mortar. 3. After tile is grouted and completely dry, remove paper or temporary filler material and brush joints clean. 09330 - 2 r 7 7, I� r 7 4. Width of expansion joints shall match existing. Depth of expansion joint cavity to receive the sealant shall be 3/8". 5. Apply back-up material in expansion joint cavities. 6. Remove excess sealant and clean adjacent surfaces soiled by the sealant. To facilitate cleaning, strips of pressure -sensitive adhesive tape may be applied on the surface of tile edge along joints to be sealed. Remove tape immediately after sealing. 3.04 CURING: Cure grouts by keeping damp a minimum of 72 hours after grouting. Maintain minimum temperature as recommended by manufacturer. 3.05 CLEANING: A. Upon completion of setting and grouting, clean quarry tile installations as recommended by manufacturers of proprietary materials. B. Tile may be cleaned with acid solutions only when permitted by the tile and grout manufacturer's printed instructions, but not sooner than 14 days after installation. 3.06 FINISHED TILE WORK: Leave finished installation clean and free of cracked, chipped, broken, unbonded, or otherwise defective tile. Remove and replace all defective tile work. End of Section 09330 - 3 r