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Resolution - 2006-R0065 - Contract - GKS Commercial Inc - Silent Wings Museum Reroofing - 02_09_2006
Resolution No. 2006-R0065 February 9, 2006 Item No. 5.17 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 Silent Wings Museum Reroofing, Bid 05-145-BM, by and between the City of Lubbock and GKS Commercial, Inc. of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 9th day of February , 2006. MARC M DOUGAL, MAYOR ATTEST: Reb cca Garza, City Secretary AS TO CONTENT: of Aviation Services APPROVED AS TO FORM: �1 Donald G. Vandiver, Attorney f Counsel gs/ccdocs/res-Contract-Silent Wings Museum Reroofing 1.31.06 I 2EST RA.TINU', wlow-�10444 CITY OF LUBBOCK SPECIFICATIONS FOR SILENT WINGS MUSEUM REROOFING ITB P-05-145-BM CONTRACT #6571 "A City OfPlanned Progress " CITY OF LUBBOCK Lubbock,Texas 4 City ofLubbock Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH:(806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB#05-145-BM, Addendum #1 ADDENDUM #1 ITB # 05-145-BM Silent Wings Museum Reroofing DATE ISSUED: January 5, 2006 CLOSE DATE: January 12, 2006 @ 3:00 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. Successful Bidder must submit the *** REVISED *** BID SUBMITTAL LUMP SUM BID CONTRACT. Under ALTERNATE BID the TOTAL is CHANGED TO READ TOTAL ALTERNATE BID. 2, Bidder's attention is invited to the Engineer's Addendum #1 which deletes references to Unit Pricing. Both the Base Bid and Alternate bid are to be bid as LUMP SUM. 3. Reference SPECIFICATIONS, Section 07540, Thermoplastic Membrane Roofing, Part 2 Products: Duro-Last, Inc. is an additional approved manufacturer. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to BMacnair rumyiubhock:us THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's reMponsibilityto advise the City of Lubbock Purchasing_ Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB#05-145-BMAdl .doc 1 ITB#05-145-BM, Addendum #1 *** REVISED ***BID SUBMITTAL LUMP SUM BID CONTRACT DATE: PROJECT NUMBER: #05-145-11M - SILENT WINGS MUSEUM REROOFING Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a SILENT WINGS MUSEUM REROOFING having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BASE BID: In accordance with the drawings and specifications, work includes, but is not limited to the furnishing of all labor, materials, services and equipment required in connection with or properly incidental to the replacement of the existing roof with a mechanically fastened thermoplastic roof system. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BASE BID: ($ ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) ALTERNATE BID: In accordance with the drawings and specifications, work includes, but is not limited to the furnishing of all labor, materials, services and equipment required in connection with or properly incidental to the replacement of the existing roof with a fully adhered thermoplastic roof system. MATERIALS: ($ ) SERVICES: ($ ) TOTAL ALTERNATE BID: ($ ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) (Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 120 (ONE HUNDRED TWENTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $280 TWO HUNDRED EIGHTY) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. ITB#05-145-BMAdl .doc 2 ITM5-145-BM, Addendum #1 Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: MlWBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) ITB#05-145-BMAd1.doc 3 ITB#05-145-BM, Addendum #1 ADLJhNUUM NU.1 TO: All Prospective Bidders,.' flan Holders PROJECT: Silent Winus Museum Rero« fins* City of Lubbock I-.ubbock, Texas DATE: December 20, 2005 PSC Job No: 273505 Attention of all Prospective Didders'Plan holders is directed to the Hollowing modifications to the referenced Plans and Specifications. This hddendurn forms a pan' of'. and shah be attached to the Contract Documents. and modifies the original Bidding Documents dated October 24. 200i as noted below This Addendum consist, of One (1) page, I. CHANGES TO DIVISION 0 AND DIVISION 1 SECTIONS OF THE PROJECT `•iANUAl:.: A. Section 01200, Para. 1.8 UNIT PRICES -- Delete this paragraph and associated sub -paragraphs. FND OF ADDENDLIM NO. I Respectfully 'al bill itted, PARKI-HI._1_, SMITH & COOPER, INC. By: Receipt of this addendttm shall be acknowleclged hr the ,Bidder, below and on the hid Propo.,Va _ This entire aticlencltun, ar a copy thereof, shall he arrached to the hid Proposal submitted. AC'KNOWLEMED: U-, : PARKHILL. SMITH & COOPER. !NC Engineers A,&itects Planners 4222 85th Street, Lubbock. Texas 79423 Phone ;006'., 473-2200 Fax (806) 473-3500 s uhhack F-1 Paso MmIland Arnanflo Odessa t ITB#05-145-BMAd 1.doc 4 { H,-Ji City of Lubbock PURCHASING DEPARTMENT 1 3 ROOM 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.bx.us DATE ISSUED: CLOSE DATE: ITB#05-145-BM, Addendum #2 ADDENDUM #2 ITB # 05-145-BM Silent Wings Museum Reroofing January 6, 2006 January 12, 2006 @ 3:00 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. Reference item # 2 from Addendum #1; DELETE all references to Unit Prices both on the Drawings and in the Project Manual. 2. Bidder's attention is invited to the following questions/concerns and their respective responses: QUESTION: Has the architect verified that the new roof drains and line will work with the existing conditions? I would appreciate verification that the roof drain lines will fit as drawn. RESPONSE: No this has not been verified. It must be field verified. The "direct" line was drawn to indicate general direction to the outlet location at the east wall. Interior routing must be site verified so as to avoid conflicts with existing conditions. QUESTION: The roof drain line on the north side of the building appears to be going through a very large vent hood that has several lights and conduits on it. Who will be responsible for removing the vent hood and all the electrical work? RESPONSE: The location shown was intended to indicate general direction to the outlet location. If rerouting cannot avoid existing equipment then the relocation, or modification of that equipment will be the responsibility of the contractor. QUESTION: The interior has no ceilings where the roof drains and lines are to be added and we will have to go through a couple of walls. How much of the wall is to be painted after the lines are installed? RESPONSE: Where walls must be penetrated please refer to the Cutting and Patching paragraphs in the Project Manual Section 01300, Administrative Requirements and Section 01732, Selective Demolition for extent of work. Field verification of a "stopping point" would be appropriate. REQUEST: I would appreciate a detail on what is to be done at the bottom of the metal panels on the upper tower as shown in photo 48 (below the windows). There is an existing 2x plate that the wall panels are fastened to that is exposed and only a couple of inches above the roof. RESPONSE: See the attached detail. QUESTION: On the tapered layout on page A1.2, is the round roof to be tapered? RESPONSE: Yes, note the directional flow arrows on the Drawing. QUESTION: On the tapered layout on page A 1.2, the distance between the drains and eave lines do not match up with the ridge lines. Is it your intention to add lots of fill insulation to make it work? RESPONSE: The Drawings speak for themselves. The noted requirement is to maintain a minimum 1 /8" per foot of slope. This could affect some fascia configurations. Note in this regard at the tadiused fascia (west entry) provide six, 8" wide fascia scuppers where fascia height must be maintained while roofing slopes down. Refer to SMACNA Figure 1-29A for detail. ITB#05-145-BMAd2.doc 1 ITB#05-145-BM, Addendum #2 t All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Il Questions may be faxed to (806)775-2164 or Email to WacnairOa nivhibbock.us F" THANK YOU, CITY OF LUBBOCK Bruce MacNair Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if anv language, requirements, etc., or anv combinations_ thereof_, inadvertentiv restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. I { ITB#05-145-BMAd2.doc 2 Proleot �t L.I�l�CT' iAi� �fG�S J4_:---RW p tt1SG t Parkhill, Smith & Cooper, InctAsy.rGie_ Engineers a Architects • Planners ,fob No. Date t + 1+"U(p Lubbock - El Paso • Midland ■ Amarillo ■ Odessa ca1c. By Drawn BY Rs_ sheet L of �'7uSrt"`C� I t4TL , ',-z,' �p TTua 1.04,41 W WAIL (dam I CITY OF LUBBOCK INVITATION TO BID FOR TITLE: SILENT WINGS MUSEUM REROOFING ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 05-145-BM PROJECT NUMBER: 90398.8304.10000 CONTRACT PREPARED BY: PURCHASING & CONTRACT MANAGEMENT DEPARTMENT 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 ITB #05-145-BM Sealed bids addressed to Victor Kilman, Director of Purchasing & Contract Management, City of Lubbock, Texas, will be received in the office of the Director of Purchasing & Contract Management, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on 12th January, 2006, 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: "SILENT WINGS MUSEUM REROOFING" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Director of Purchasing & Contract Management and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Director of Purchasing & Contract Management for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 o'clockp.m. on 12th January. 2006, and the City of Lubbock City Council will consider the 1 bids on 9th February. 2006. at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified z= check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. 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 non -mandatory pre -bid conference on December 20, 2005 at I1:00 o'clock a.m., at Lubbock Preston Smith International Airport Ambassador Room, 5401 N. MLK Blvd., Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, http://pr.theroroductioncomi)any.com/, Phone: (806) 763-7770. Additional sets of plans and specifications may be obtained at the bidder's expense. 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 Director of Purchasing & Contract Management of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775- �E�, 2018 at least 48 hours in advance of the meeting. CITY OF LUBBOCK spry VICTOR KILMAN, DIRECTOR PURCHASING & CONTRACT MANAGEMENT r. r GENERAL INyTSTRUCTIONS TO BIDDERS 1w _ GENERAL INSTRUCTIONS TO BIDDERS [_a 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish SILENT WINGS MUSEUM REROOFING per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. CST, 12th January, 2006 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB 405-145-BM, SILENT WINGS MUSEUM REROOFING" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Director of Purchasing & Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing & Contract Management Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. L 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 11:00 a.m., December 20th. 2005 in Lubbock Preston Smith International Airport Ambassador Room, 5401 N. MLK Blvd., Lubbock, Texas- All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do 01'1111 not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdgpot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing & Contract Management Department. At the request of the bidder, or in the event the Purchasing & Contract Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing & Contract Management Department. Such addenda issued by the Purchasing & Contract Management Department will be available over the Internet at http://www.RFPdeyot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing & Contract Management Department no later than five (5) days before the bid closing date. 4 5 0 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing & Contract Management Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing & Contract Management and a clarification obtained before the bids are received, and if no such notice is received by the Director of Purchasing & Contract Management prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Director of Purchasing & Contract Management before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 011 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of ` discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Director of Purchasing& Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing & Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (TTB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 131h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: BMacnair@mylubbock.us RFPDepot: http://www.RFPdepot.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within ONE HUNDRED TWENTY (120) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 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. 16 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. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations I contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR 1 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. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, a apparatus, accessories, facilities and all means of construction and an PP rYPP � Y and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES 3 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, k and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and ! replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the L", project. 23 EXPLOSWES { 23.1 The use, of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such I methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 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. 25 WSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of 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: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. t 26.2 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. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the s;i bidder without being considered. 29 PREPARATION FOR BID 01' 29.1 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. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 30 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 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. 31 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 about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors 1 Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. rJ1 F 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total base bid and/or for Bid Items I through 6 plus the sum of any Alternate Bids the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 3 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED ,_, BY THE REQUIREMENTS OF THIS INVITATION TO BID. C-2 ! I NttCr -1 4ti-BM, Alden(it)m 1ki s�k "iriiiv Fj>�iiii�L i A LUMP SUM BID CONTRACT PR0Jk i Ni1iJ'vi"-B/ELK`•lSAii:E.'ttiTWfV(;SNIC;SEUviKEIZUUFL,V<. I3lu vl LT !�^� Co�'`�„ct k 14 C-,r To th a33fi ('it%, rix1js3: i) Cif1: of L !lbb"ck-, Texas ,Il�!'�!!lafi r c-Al ,`d 0` nv3 ,) Gentlemen: The Bidder, in compliance with your Imitation to Bid for the construction of a SILENT WINGS %tUSr U.%l REROOFING having carefully examined the plans, specifications. instructions to bidders, notice to bidders and ail other reined contract documents and the site of the intended work. and being familiar with aii of the conditions surrounding the construction of the intended project including the availability of materials wid labor. hereby intends to furnish all labor, iiaiZrlaii, wi-.d supplle3, and to i;Onstfuta illt pfgpz%.i ui ai:i Ulilii[tcl wi'dl '►Ill. plans, �Ontracl doc ulwc;ms. within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the u orl required under 0I, cor!ract do mpents. BASE BID: In accordance with the drawings and specifications, work includes. but is not limited to the furnishing of all labor, materials, services and equipment required in connection with or properly incidental to the replacement of the existing roof with a mechanically fastened thermoplastic roof system. �s w ivIA►ERIttLS. �iNe µuN>JtteiJ A1tNetY /VWe-rff�sh'p you¢ t4u�utaret� (-`.^goo > SER Yj1 ES:UN'e H�u,1Vi3(LrQ SIZVQ/V 1 •\V�m-l� Si veaquwpag ��•Y IJV � ��� [z1• � 1 TOTAL 6ASE' B1D iitdu3 F ($ '30?} 1 t•((• `O 1 (Amount shall be shown in both words and numerals, In case of discrepancy, a ount shown in words shall govern.) ALTERNATE BID: In accordance with the drawings and specifications. work includes, but is not limited to the furnishing of all labor, materials, services and equipment required in connection with or properly incidental to fne replacement of the existing root with a iuiiy adhered thermoplastic roof y stem. ilk : ERI� ALS.IWO �D Twee 'r ff/Ut rip tours N�NxWU1> (S 22 3,, 'f (� ) q Ito S!^ R. V i! F C C)N C l�t�tp,�lLth'rWtA f'i 7 ffo4?M+t� N (/V C E tNE? UO Y'f Nl2li {5 � � � 9 . / • ) -- fJa TOTAL ALTERNATE BID:'tfhLCe;kW&*0- Q,2T'f /tT�Det�„i .Z.2 �^t$ 3�y���.� (Amount shall be shown in bath words and numerals. In case of discrepancy, the amount shown in words ,hail go-. rn.) To" /fu woato linarY IwA4e- (Bidder hereby agrees to commence the ti%ork on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 120 (ONE HUNDRED TWENTY) consecutive calendar clays thereaiier as stipuiated in the specifications and other contract documents. Bidder hereb" Nrther agrees to pay to Owner as liquidated damages the sum of S280 TWO HUNDRED EIGHTY) for each consecutive :.alzndar day in ;.:iccss of thz tints Sci f=.% hcrziin above for complct"Or. of this prOlcct, all as inzTc fuiij , Szt fva ill in , C general conditions of the contract documents. IT9405-145-BMAd! doc gan�.v.4�_gtit ,arfrion�l,1� fit. (?idder understands and agrees that this bid submittal shall be completed and submitted in accordance with of Mi u�nkvtt ul.utitX.1 co ui till. IJGf Ka Ai ( f 16il UtAllitis tO utuUcaS t-d- .a. bidding- } tit: 61(itier i vrecs that this bld shah! he $(X)d and 111aN nor i-& \kllfidrm1,11 for a pelf d of l!outt l 0 Gifieltllal dat s after the scheduled closing time for receiving bids. The undersigned Bidder herebx declares that he has N!sited the site of the %ti ork and has carefulh c.-,a;nincd the plans, specifications and contract documents pertaining to the work coNcrcd by this bid. and he further agrees to commence wort: on or before the date specified in the written notice to proceed. and to substantially complete the work- on Much he has bid: as provided in the contract documents. Bidders are required, Khether or not a payment or performance bond is required_ to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company. payabie without recourse to the order of the t_ tn, of Lubbock in an amount not less iilan nNe percent t�°%l or file total amount of the bid submitted as a guarantee that bidder will ether into a contract. obtain all required insurance policies, and all iti;i,i,��:►i'y uvuua Eif rGt�iiii'cu} vatiifilt lilt kttlh llaly3 .filet YtviiGc. ut u.r:uu of uw to illtii, j'ne'iu y�l with tisi� 1�i11 i} ,j i..t�tti�.rta .:k !'r rt"!'t;!:Fe"! Chi- Dollars(S ) or a Bid Bond in the sum of J ,�k a 13 TI-M a4-- Dollars ( I. which it is agreed shall be collected and retained by the Owner as liuuidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder urt&rstands and agrees that the contract to be c Necuted by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance lvith the Notice to Bidders. j Pursuant to Texas Local Government Code 252.043(a), a I rampetitivp tpatprl hill that has heen onpned may not hp changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. tSea i it Bidder is a C orporation) ATTEST: G . IIQQ.kfAsar Secretary Bithier at mitl%ted;es receipt ai the foiio%ins addenda: 14&".u� iC�_ uw_. r /5 or Addenda No. Z Date A dendn Nn Vale Addenda No, Date Date: / // 2 A6-, - Vt Aut orized Signature fk0CC e1y Al roan r er- (printed or Typed Name) &KS COmot er et A L ✓��. C ctrrlpillly Rb C30x §3gSL r' iw C'clnnh State Zip Code Telephone: tN�- N1/'V Qi:' I irm Wnroan �— "lack Atncricrn ative American - -- - E 1 ispartic American Asian Pacific American C)ther (St CQ 1l ) fTB*05-145-BMAdt doc 3 CITY OF LUBBOCK INSURANCE i�EQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, thr. undersigned Bidder, certify that the insurarw.e requirenje;ts cot -stained in this bid docw-n rt Have beta rc-riveed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbtx;kt, iwnish a valid ictszirarrcc certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signature) Contractor (Print) CONTRACTOR'S FRM NAME: s% S C p A42 2 r t- (Print or Type ) CONTRACTOR'S FIRM ADDRESS: P. Q , DCK S3 !f / C. (, G(3 rG -7q IfS3 Name of AgentBroker:-(k 4�-/V !J ear✓/s Address of .AgentBroker. 37 D 2 City/Stat&Zip: Am 4a( C.t.c7 AgentBroker Telephone Number: (&U(o ) 3� _Zc7�ja Date: f�2�Cc ?MOTE TO CONT)L'ICTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If yo have any questiom, coneetrnift theft requirement%, Please eoniaet tl't Director of Purchasing & Contract Management for the City of Lubbock at (906) 775-2165. BID #05-145-BM - SILENT WIlriGS MUSEUM REROOFING SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid. Submittal) City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government 1 ie, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section F F..0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for urately determining the safety record of a bidder prior to awarding bids on City contracts. U-1 definition and criteria for determining the safety record of a bidder for this consideration shall be: City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may ssider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by ironmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, amuug er things: Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. Citations(as defined below) from an Environmental Protection Agency (as defined below) for violations within L� the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service ( SFVvS), the Eilvisomnental t Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fmr�cs assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final Lorders, and judicial final judgments. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, 1 both for the workers and other employees of bidder and the citizens of the City of Lubbock. JR i order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential i ; ontractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) uestions and submit them with their bids: -WESTION ONE las the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such irm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO� .f the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution reputed by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, Fisuspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, in&ctrnmts, or comactions, administrative orders, draft orders, first orders, and judicial final judgments. 'YES NO__!� If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid 1submission, the following information with respect to each such conviction: l A Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and 1] penalty assessed. QUESTION TEIREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, 3 corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid Y< submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS 9, 1 COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature FLO r D¢ Title n SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A ll0) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Coved transactions include procurement contracts for goods or senices equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub-recipients). j Contractors receiving individual awards of S25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Signature of Company Official: -M, I_q43 Bate Signed: (216 b Printed name of company official signing above: 7 Q z 0 z w Q a ,.r.�..�..: F STATUTORY PAYMENT BOND PURSUANT TO SEC7iON 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRAM MORE THAN $25,000) Bond Number: 4352324 KNOW ALL MEN T3Y THESE PRESENTS, that GKS Commerical, Inc. (hereinafter called the Principal(s), as Principal(s), and Suretec Insurance Company (hereinafter called the Suretyls� as Surety(9, are held and t`im�ly bound unto the City of Lubbock (hereinafter called the Obligee), in the bmoiuit of tthree Hundretltl orty Four Thousand ThreeDollars (S 344,339.00 } lawful money of the United States for the paymen w t and Surety bind themselves, and their heirs, administrators, caecutors, succcssors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obl pgm data) the 9th day of February , 20 06 , to Bid No. 05-145-BM -Silent Wings Museum Reroofing and said Principal +order the law is required before commencing the work provided for in said contract to execute a bond L in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in fiili force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253-021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN W rNESS WHEREOF, the said Principal (s) and Surety (s) have signed and scaled this instrument this 28th day of April 2006 _ Suretec Insurance Company GKS Commerical, Inc. Surety 4-'tolh�n W. Schuler, Attorney -In -Fact (Company Name) R r'Sc_o-r Cs� � (Printed Name) {S 'iurc (Title) 0 The undersigned surety company represents that it is duly qualified to do business; in Texas, and bercby designates Bill Murfee an agent resident in Lubbock County to wham any requisite notices may he delivered and on whom service of prods may be had in matters arising out of such suretyship. J.E. Murfee & Son Suretec Insurance Company 1310 Texas Avenue, Lubbock, Tx 79401 Swvty9737 Great Hills Trail, #320 Austin, Texas 78759 *BY.. netftomey-In-Fact hn W. Schuler, Approved as to form * Note, if signed by an officer of the Surety Company there untst be on file a certified extract from the by-laws showing that this person has authority to sign such obligation If signed by an Attorney iu Fact, we must have copy of power of attorney for our files- POA 0, 4221095 Bond Number: 4352324 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint John W. Schuler of AwtW Texas its true and lawful Attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Millon and no/00 Dollars and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until June 30, 2006 and is trade under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-i» Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or temtinating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adopted at a meeting held on 20 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. TEC INS,9115qlCE COMPANY By: 0-1 u� W $ j Bill King, a dint State of Texas ss: County of Harris �---� On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company, and that he signed his name thereto by like order. Michelle Denny Cpjbk orrW= kft WfComfrdsft Etas Michelle Denny, Notary Pubfc �St 27, 2008 My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 28th day of April , 20 06 A.D. M. Brent Beaty, Assistant Se re ry Any Instrument Issued In excess of the penalty stated above Is Totally void and without any validity. For verification of the authority of this power you may call (713) 81:24U81)e any business day between 8,00 am and &.00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Texas 78759 You may contact the Texas Department of insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute conceming your premium or about a claim, you should contact the Surety first If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Triple Rider with Mold Exd.doc ray. 1106 1 '7 7 STA MORY PERFORMANCE BOND PURSUANT TO SF.C'iION 2253.021(a) OF THE TEXAS GOVERNMENT CODE Bond Number: 4352324 (CONTRACTS MORE THAN 5100.000) KNOW ALL MFN BY THESE PRESENTS, that Suretec Insurance Company GKS Commerical, Inc. (hereinafter called the Principal(s), as Prineipal(s), and (hereinafter called the Suscty(� �, as to i s , F eld. ffld l Ch� unto the City of Lubbock (l�exeinaftet called the Obligee), in the amount of tee un r o our ou Dollars ($344,339.00 ) lawful money of the w ereo , sar Principal and Surety bind themselves, and their heirs, administrators, United States for the: �a� executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has erdeaed into a certain written contract with the Obligee, dated the 9th day of February , 20P% to BjNo. 05-145-BM -Silent Wings Museum Reroofing and said principal under the law is required before commencing the work provided for in said contract to execute a lmnd in the amount of said contract which contract is hereby referred to and made a part hemf as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithRilly perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pt:rsutnt to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 28th day of April , 2006 Suretec Insurance Company GKS Commerical, Inc. Surety (Company Name) (Tr .tohn W. Schuler, 4nomey-In-Fact (Printed Name) o ($Igrature} V � lJr�r A Ir 9 i The undersigned surety company represents that it is duly quaMod to do business is Texas, and hereby desigrattes Bill Murfee an agent resident in Lubbock County to whom any requisite notices may he delivered and on whom service of process may be had in matters arising out of such suretyship. J.E. Murfee & Son 1310 Texas Avenue, Lubbock, Tx 79401 Suretec Insurance Company Surety 9737 Great Hills Trail, #320 Austin, Texas 78759 *By: w� �\Z`a� �T e) ohn W. Schuler, Approved as to Form Attorney -In -Fact Cit bock i3y. y Att ey * Note If signed by an officer of the Surety Company, there amW be on file a certified extract from the by-laws showing that this person has authority to sign such obligation If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 LZ"'J, Z23 ma „, �•�.. # �r�t4.� a Ut- L.IAMUTY IN WRANCE tr. 3m pooswo006 a � W, . � e�re��e.� M +a As A NA (W tN�,%Pvte�rnat 3217 aft Street ONLY ANO CONS NO 104M UPON n* Cot” MAI I M�OI.ifEMt. iiMO Il't!MlCAT� I>tIEIR t1Qt1of P.O. Elft 6550qaImM 1.abbock 7X 7%" RMKXtM AFFORDMMG COVIDIAM 11841M t3LEM R. FORS'TBR r l TRIN1't'Y UNiVEitSAL OF KANSA$ GKs COMMERCIAL, Tt+tC MM&.. -_. _.... . P, 0. BOX 33451 MM*— .LUBBOCK Tx 79433 .._._ nI� r�cxlcaa r� uteuau4ce � �xalnrrtAVM ec�1 rc n+M �ovr{ P�oR n+M poucv P�Ioa Mr01CA1lD. NOTe,n�ar AM AeQVVtMMWff. TW OR C000 VH OF ART CDWn = OR OTf*R 000U Wff WITH P 6WWr TO Y*Mi TM CERTMATC MAY W IQ9 W ON %%Y P'WMO$C1 V*=AFF0MW iY sA11,ICMIR 0lRpt#W:4�IIiIN N e1 Y To At t. tlNY tMt , SIOC1.tfAl014A A111! OOHIf7tT�ONd OF tla�Gt MJCM Tf tWU >I WIMi MY KAV� awelx.an► aK amun c�� eatclee ullr I A uWAW ALLowlaalmnm "moms TCA 677264010 05MG4 M amcuaT .................,_ t 30000 Kacomommou+vs +w f 1000M 50000 t►Iraidlu.ill°`°O Lrrlatlr ... LawulY aacue CLO" Wwe of ouch" Houma w . _. woMaMwON I +�ou+ws- MaRRIUINIs UPMLM a�+aw r7l aseowrnoNar a�s»rssoM4+�oc+► AO�O eT wio�rwaas L T* of 1.abboek, i% *f&=e, spo and eelflo)m as Mnalsd as pri mmy &MkimW bsws* AIR t 0epi r," 20 M 005-143-13M R - A 1 �s 1 mM O1"MIV. Wii w of an1-ro1poion in 1bvw of ft Cky of iabbo& ,� ' 3rbeduiod Aub: i990 L�odOe i 300, 43s9r1 City ort.*An*. d0 City Of Uftix k Pw*sft � C NIM 1 kwo I llI Owfbt"wt to$130 SVM Ra t04 tAd*lftdc T7t 74,001 anartn arr ar P1t awMt otrow� ►qLl� w allleeL:alr 4 tl� IpeMMtt10M "M "WWWs 1!N wouwa 01"m VM.L IINowAWR To oft DAWA w1Arili�l 110710f 10'Nw EsiHMmm NOLOW NAIL TO flat 11T4 Muir ►ALUM To so so awu> I�Ow w 40LIM M CR LVALM OF AM MMO W" "M Alat"M t7s AQW ! OR 02-23-2006 10:11 FORSTER CONST s306+355+1655 O It svn Ii- WF- L.IP%1 711g1 1 IF 1mQw rvv.0c 030"" H. j .4 Sw"n Insarancc Agamy/ Inc. SBMP, Inc, 8)2 Frontw RoadMaim Idalou TX 79329-9100 TWO CERTMA NOMI AS A MATTER Of IN ONLY AND NO RIGi�' $ UPON THE C RR FX HOLDER. 1F Cb l VWATE DOE! NGT AMEt�ID c t AFFOIWW MY IN" N AFFORDING COVE' ME 'm""°° DENT >rL& MC, INC. 6206 KNOXVILLE DIL LUBBOCK i7C 744I3 Union §gdm usgs swim it Union ltvmvd - Badft Cominaftl watem asaratico Temm Mu w W usnoe 5;Ompmw THE PORGIES OF INSURANCE t, g= W10W HAVE BEEN IBI M TO THE INil IM NAIW ABOVE F ANY REQUIREMENT TERM OR CONDITM OF ANY CONTRACT OR OTTHN 0001JU '' VM ItUpeft Mti1Y.IG �TE�BF 0 N�I,V!! l�C D BY PAEi TO ALL THB POLICY PERIOD IN=AT®. NOT'IMTH TO WHM TWIS CERTIFICATE MAY 9E 49M T�RAA>:, @XCIUr<10M{ AM OON01Ti01V8 t AW, i ti�l� X. 4M TM ctAw vAm FX_1 wtm CLA 1283753- 2a CAA 2331303-27 OW24P203 07444005 M412 Q7 1. 54 1,10m Z000C MEW e I AGORFAM VW POP. wft 5000© s+"`t „�. • 10000c 6 MAIL" AW A= u t ovom ^urws scmmv-ao soma ►ar+9e AUTW X X. ; 7AW,arna oNtw, , .299mucew" CIAW We tyecv�ta CUA 280264-27 07fM005 0712*2C 06 MOM J 1• woRNue 'UAL" TSp-E1Cd I 159921 OMS/200S 05/05 2 �, , t000Qoc 10m rxx�ooa an+ m'I LiabilW CPA 412114-7.12 07/2 005 OUM 7 { 1500 DUMP"" OF ACM err "Wymm" CITY OF LUBBOCK ITS OFFICERS, A0ENT6l AND UMMOYMS NAMED A3 PRM AS RESPECTS TO ITB 05-145-EM. WAIVER. OF SUBROGATION IN FAVOR OF CITY X T1QN �Nlow.eu�rarnw�a+ra CITY OF LUBBOCK C/O CITY OF LUBBOCK "CHASWO oaTE TRIMP, "I =twmxm AND CONTRACT MANAOEWW DEPT. "D i To TM ClRt�IGA i b2s t 3ST ROOM) 04 wpm No o��"m OR LUBBOCK TX 79401 AtreNOR¢�o A Y ADDITIONAL IN3UM F LUBWXX waxwwstaa�t>+ti�naw, way Wfmvoa To NA% DAYS �"rhw lIO aW MAW W "M ter, OR F1 ILM TO DO 90 NVAA, umuw a w r as Wm Tw Now!llt, in ate OR ,A ^UWKp "-w ITM77 logo i 03-02-2006 12:16 FORSTER CONST E306+355+1655 - 1 03/17/2006 15:16 80635220k WEST TEXAS INS AGENY PAGE 01/el ACOR& CERTIFICATE OF LIABILITY INSURANCE DAE(M 2 PRODUCER (806) 352-2090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIC W$ST TEXILS IN5LIRANCE A[ISNCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAI HOLDER, THIS CERTIFICATE DOES NOT AMEND EXTEND C 3702 };(=%iNGSIJW LANE ALTER THE COVERAGE AFFORDED BY THE POLCCi S BELOW. AW MILLO TX 79109- INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER_A: )ROMESTATS COUNTY MUTUAL GR s comisacTAL INSURER B: TiEi XAS MUTUAL P.O BL7X 53451 INSURERC: INSUR LUIMOCK TX 79424- INSUR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AD REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAII THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO Al.l 111E TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIE AGGREGATE LIPATS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR AWL.OLICV NSR TYPE OF INSURANCE POLICY NUMBER F C 11fE DATE IDO/YY) POL Y P RA ION OATS (MMIODIVY) UNITS a X GENERAL LIABILITY / / / / EACH OCC RR NC 9 1,000,01 �i COMMERCIAL GENERAL IABILITY PREMI9 S 6e accurrence S 100,01 MEDEXP(6n oneperson) S 5.0I CLAIMS MADE L_J OCCUR CGS-1099242 % / 02/01/2007 PERSONAL A ADV INJURY 5 1, 000, 0 E GENERAL AGGREGATE 5 1 , coo, OC GGN'LAGG12EQATEUMITAPPL"P6R: PRO CTS - COMPIOPA G S 1,000,00 X POLICY JEQ LO AUTOMOBILE LIABILITY ANY AUTO / ! / COM®INGD SINGLE LIMIT (Ee �cdtlonq 5 EODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS / / / / BODILY INJURY (Per accident) 5 HIRED AUTOS NON-DYVNEO ALI'1'OS / / / / / / PROPERTY DAMAGE (Per atcidant) 5 GARAOG UAMUTY AUTO ONLY • EA AC 1OFNT S OTHER THAN GA .ACC S ANY AUTO / / AUTO ONLY AGG S EXCIEWWUMSRFLLA UAGILITY EACH OCCURRENCE 5 OCCUR CLAIMSMAOE AGC4RWATS 5 _ S DEDUCTIBLE _ $ RETENTION S a wom(05 COMPENSATION AND TEXA•s MC1'XE7AL / I I I TU X THY lM1T TH. EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFRCER)MENBER E70CLUDED? p000779238 / i / % EL EACH ACCIDENT $ 500,00C E.L. DISEASE- eA IDAPLOYEE $ 500 , OOC liyyef, deeaibe under SQ4AL PROVISIO b E.L. DISEASE• POLICY LIMIT 9 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUMONS ADDED BY ENDOWMENT16PECIAL PROVISIONS T11112 CITY OF LUBBOCK, ITS OFFICER, AaM T, AM 210LOY222 AAR NAMED AS P'RIMAAY ADDITIONAL TW8tMZ0 ON d2XlWIL LIABILITY AND AUTOMOBILB LIABILITY POLICINS AS RESPECTS TO TTH #05-145 BM. TUN WAIVER OF SUBROGATION IN FAVOR OF TUN CITY 07 LUBBOCK. CERTIFICATE HOLDER CANCELLATION ( - (806) 775-2164 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BRFORR THE - AT=: =SUWMCE U$PT EXPIRATION DATE THERNDF, TH! ISSUING INSURER WILL ENDEAVOR TO MAIL. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDFR NAMED To THd LEFT, BUT CITY OF LUBBOCK FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY VJNO UPON THE C/o CITY OF LUBBOCK PURCHASING INSURER, ITS AGENTS ORREPRESEP rz .Adiii0R1 ESENTATNE LUBBOCK TX 79457- AACORO 25 (2001108) pF,,• INSOZS (woe),05 ELECTRONIC LASER FORMS. INC. • (900)327.0545 0 ACORD CORPORATION 1999 TO: CITY OF LU13BOCK P.O. BOX 2000 LUBBOCK, TX 79457 CERTIFICATE OF INSURANCE DATE: TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. I[A E„s TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY 1-1 Commercial General Liability General Aggregate $ D Claims Made Products-Comp/Op AGG $ 0 Occurrence Personal & Adv. Injury S D Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ Med Exp (Any one Person) $ AUTOMOTIVE LIABILITY ❑ Any Auto Combined Single Limit $ D All Owned Autos Bodily Injury (Per Person) $ 0 Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ 0 Non -Owned Autos 0 GARAGE LIABILITY 0 Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'S RISK D 100% of the Total Contract Price $ ❑ INSTALLATIONFLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSA TION AND EMPLOYERS' LIABILITY The Proprietor/ 0 Included Statutory Limits Partners/Executive U Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. LFIVE COPIES OF THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK Title: The Insurance Certificates Furnished shall name the City of Lubbock as a Primary Additional Insured on General Liability and Automobile Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. I REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." 1 j "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to (�? report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; L (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; t (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and L(H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 3 u z 0 ul CONTRACT #6571 Fill STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 4TH day of February, 2006 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and GKS COMMERCIAL INC. of the CITY OF LUBBOCK, COUNTY OF LUBBOCK and the STATE OF TEXAS hereinafter termed CONTRACTOR. WTTNESSETH: 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 #05-145-BM - SILENT WINGS MUSEUM REROOFING-$344,339.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. GKS COMMERCIAL INC'S bid dated JANUARY 12, 2006 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make ;- payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: GKS COMMERCIAL INC. By: —ti /' PRINK NAME: FoeS7-eZ TITLE: VILC �'✓Zes �e�T COMPLETE ADDRESS: GKS Commercial Inc. P.O. BOX 53451 LUBBOCK TX 79453 ATTEST: Corporate Secretary CITY OF LU$BOgK, TEXAS (OWNER): By: MAYOR ATTEST: City tecretary I AS TO GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas, 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit GKS COMMERCIAL INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative H. DAVID JOKES, SPECIAL PROJECTS COORDINATOR, 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. I_; 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, 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 herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6, SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for W. 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. 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 2 I 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. F14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds 3 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 . j execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) j calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from v' 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. 717 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE J The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and bome by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that 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 4 i PJ Owner or Owner's Representative certificates of inspection, testing or approval made b competent to PP Y persons perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests Pi will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any 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 It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind 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 before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions then it shall be deemed for all purposes that the plans p p p p n 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. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. t The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by j virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SH..L.L BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Lin -lit in the aggregate and per occurrence to include: Premises and Operations Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as a primary 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 100% of the total contract trice (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance (Primary- Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. C F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 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- L7,1 operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage L vendors, office supply deliveries, and delivery of portable toilets. PP Y r7' 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity 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. iY 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by S� the Texas Workers' Compensation Connnission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who 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. 10 ; 11. The Contractor's failure to comply with an of these provisions is a breach f contract p y y p o ont act by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: ' (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 P J P P p g p Y g 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 LF= 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; ff f; (d) obtain from each person providing services on a project, and provide to the governmental entity: G) 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; 11 (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 8001372-77I3 or 5I21804-4000 (httn://www.twcc.state.tr.us/twcccontacts.html) 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; 12 (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 proj ect; and 3 (2) prior to the end of the coverage period, a new certificate of coverage d showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the proj ect; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; Fig (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. PP 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Pit Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION t » The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the 13 Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its 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 $280 (TWO HUNDRED EIGHTYI 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. 14 F IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the I 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 ,. 15 their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its 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. PARTDL 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 deterniine 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. 16 I Any partial payment made hereunder shall not constitute a waiver b the Owner of an and all other rights to Y Y 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. F43. SUBSTANTIAL COMPLETION +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 3 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. P-1 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, ' Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the ternis 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 L-11 to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. 17 When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is 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 18 ' (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 [[e of the work under substantially the same terms and conditions which are provided in this contract. In case t-a 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 1 remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in an manner will satin this condition. After mailing, or other giving of such notice, such g Y satisfy g � g property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, a equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its f exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the 19 _ Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds 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. 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. 20 F L 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. - 21 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger g Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler 4 Insulator -Helper Iron Worker Laborer -General Mortar Mixer Ej, Painter Plumber Plumber -Helper Roofer Roofer -Helper L Sheet Metal Worker a; Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 LID City of Lubbock Lubbock Silent Wings Museum. Reroofing October 2005 PSC Project #: 03273505 qs�«e m.w M ��� Parkhill, Smith & Cooper, Inc. Vsszrl5:xn gub:n'ELP C€,@6� Engineers n Architects ■ Planners TABLE OF CONTENTS DIVISION 0 - BIDDING REQUIREMENTS AND CONTRACT INFORMATION Owner Provided DIVISION 1 - GENERAL REQUIREMENTS 01100 Summary 01200 Price and Payment 01300 Administrative Requirements 01330 Submittal Procedures 01400 Quality Requirements 01420 Reference Standards 01500 Temporary Facilities & Controls 01600 Product Requirements 01700 Execution requirements 01732 Selective Demolition DIVISION 2 - SITE WORK Not Used DIVISION 3 - CONCRETE Not Used DIVISION 4 - MASONRY Not Used DIVISION 5 - METAL Not Used DIVISION 6 - WOOD AND PLASTICS 06114 Wood Blocking and Curbing 03273505 TABLE OF CONTENTS PAGE - 1 10/05 No Text SECTION 01100 SUMMARY PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 - General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Project; Work covered by Contract Documents. B. Contractor use of site and premises. C. Owner occupancy. 1 1.3 PROJECT; WORK COVERED BY CONTRACT DOCUMENTS a A. Without force or effect, work of the Project consists of the demolition of the existing roof and gravel guard and the installation of a new roof. This installation will require modification of existing MPE equipment as required to raise the equipment above the new tapered insulation system and roof per current code requirements. 1.4 CONTRACTOR USE OF SITE AND PREMISES A. Limit use of site and premises to allow: 1. Owner occupancy. 2. Work by Others and Work by Owner. B. 3. Use of site and premises by public. Construction Operations: Limited to areas noted on Drawings as staging area. 1. Coordinate with Owner for specific restrictions, including obtaining security badges to facilitate construction. C. Time Restrictions for Performing Work: Normal work hours. k D. Utility Outages and Shutdown: Coordinate with Owner when required for relocation of MPE equipment and utilities. 1.5 OWNER OCCUPANCY A. The Owner will occupy the premises during entire period of construction for the conduct of normal operations. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement. PART 2 - PRODUCTS Not Used I `: L 03273505 SUMMARY 01100 - 1 10105 SECTION 01200 PRICE AND PAYMENT PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Schedule of Values. B. Application for Payment. C. Change Procedures. D. Alternates. E. Unit Prices, 1.3 RELATED SECTIONS A. Section 01330 - Submittals: Schedule of Values. B. Section 01600 - Material and Equipment: Product substitutions. 1.4 SCHEDULE OF VALUES A. Submit typed schedule on AIA Form G703 - Application and Certificate for Payment Continuation Sheet. B. Submit Schedule of Values in duplicate within 15 days after date of Owner -Contractor Agreement. C. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the major specification Section. Identify site mobilization, general conditions, testing, bonds and insurance as separate line items. D. Include separately from each line item, a directly proportional amount of Contractor's overhead and profit. E. Revise schedule to list approved Change Orders, with each Application For Payment. 1.5 APPLICATIONS FOR PAYMENT A. Submit five (5) copies of each application on AIA Form G702 - Application and Certificate for Payment and AIA G703 - Continuation Sheet. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Payment Period: As defined in Owner -Contractor agreement. D. Include one copy of waiver of liens from each subcontractor. 03273505 PRICE AND PAYMENT 01200 - 1 10105 1.6 CHANGE PROCEDURES A. The Architect will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time as authorized by AIA A201, 1997 Edition, Paragraph 7.4 by issuing Architect's Supplemental Instructions on Architect's Standard Supplemental Instruction form. B. The Architect may issue a Construction Change Request which includes a detailed description of proposed change with supplementary or revised Drawings and specifications and a change in Contract Time for executing the change. Contractor will prepare and submit an estimate within 7 days. C. The Contractor may propose a change by submitting request for change to the Architect, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. Document any requested substitutions in accordance with Section 01600. D. Stipulated Sum/Price Change Order: Based on Proposal Request and Contractor's fixed price quotation or Contractor's request for a Change Order as approved by Architect. E. Construction Change Directive: Architect may issue a directive, on AIA Form G713 Construction Change Directive signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. Document will describe changes in the Work, and designate method of determining any change in Contract Sum/Price or Contract Time. Promptly execute the change. F. Time and Material Change Order 1. Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. 2. Architect will determine the change allowable in Contract SUM/Price and Contract Time as provided in the Contract Documents. 3. Maintain detailed records of work done on Time and Material basis. 4. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. G. Change Order Forms: City of Lubbock Change Order. H. Execution of Change Orders: Architect will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. I. Change Order: Furnish an itemized breakdown, in form acceptable to Architect of all costs and supporting information including but not limited to quantities, material prices, tier subcontracted work is performed at, labor rates and employer payments and rental rates. The itemized breakdown detail shall be the same for any subcontractor work. Provide complete supporting information for profit and overhead or markups used when so requested. Consider the following items a part of overhead or Contractor's and sub -contractor's mark-up and do not include as a separate cost item: Labor for Superintendents, Assistant Superintendents, home office personnel, timekeepers and maintenance mechanics at any level of contracting; individual pieces of equipment, hand tools or instruments having a new value of $500.00 or less, whether or not consumed by use; on site and main offices; modification to record contract documents nor guarantee period costs. 1.7 ALTERNATES A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at the Owner's option. Accepted Alternates will be identified in Owner -Contractor Agreement. B. Coordinate related work and modify surrounding work as required. 03273505 PRICE AND PAYMENT 01200 - 2 10105 r C. Schedule of Alternates: Alternate No. 1: Provide fully adhered thermoplastic roof system. Base Bid Item: Mechanically fastened thermoplastic roof system. Note: Both base bid and alternate are specified in Section 07540. 1.8 UNIT PRICES A. Provide unit prices for removal and replacement of one square foot of the following roof deck types other than those shown on the Drawings. 1. Light weight concrete decking including steel deck and supports. 2. Steel decking. 3. Wood Decking. B. Provide unit prices for removal and replacement of one lineal foot existing wood nailers and blocking as follows: 1. One lineal foot of treated 1 x 4. 2. One lineal foot of treated 2 x 4. 3. One lineal foot of treated 2 x 6. C. Unit prices shall be quoted on Bid Form. PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 03273505 10105 PRICE AND PAYMENT 01200 - 3 SECTION 01300 ADMINISTRATIVE REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1- General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Coordination. B. Electronic files. C. Security badges. D. Preconstruction meeting. E. Request for information. F. Progress meetings. G. Preinstallation meetings. H. Cutting and patching. I. Alteration project procedures. 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of the Project Manual to assure efficient and orderly sequence of installation of interdependent construction elements with provisions for accommodating items installed later. B. Verify that utility requirements and characteristics of operating equipment are compatible with building utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. C. Coordinate space requirements and installation of mechanical and electrical work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. D. In finished areas, except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. E. Large Apparatus: Any large piece of apparatus which is to be installed in any space in the building, and which is too large to permit access through windows, doorways or shafts, shall be brought to the job by the Contractor involved and placed in the space before the enclosing structure is completed. F. Items which require electrical connections shall be coordinated with Division 16 for: 1. Voltage 2. Phase 3. Ampacity 4. No. and size of wires 5. Wiring diagrams 6. Starter size, details and location 7. Control devices and details _ 03273505 ADMINISTRATIVE REQUIREMENTS 01300 - 1 10105 G. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion. H. After Owner occupancy of premises, coordinate access to site with Owner for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.4 ELECTRONIC FILES A. Electronic drawing files are available for purchase from the Architect upon request. Cost of the files are $100.00 per drawing sheet. Only the Contractor or his subcontractors and sub -subcontractors may purchase an electronic file. An electronic file will be provided in AUTOCAD format of the release currently used by the Architect. File will be provided on a CD. B. Prior to delivery of the file, purchaser shall sign an Electronic File Transfer Release Form. Payment for an electronic file shall occur upon delivery of file to purchaser. C. Electronic file shall be used only for the production of information required by this project and shall not be used in any other form (in whole or part). 1.5 SECURITY BADGES A. Security badges are required for all workers in areas designated by the Owner the process for obtaining badges is as follows: 1. Contact the Operations Department at Lubbock International Airport (Phone 775-2044). 2. Upon contact secure application for Contractor's badge. Complete the application and submit to operations for processing. 3. Operations will make further contact prior to issuing badges. 1.6 PRECONSTRUCTION MEETING A. Contractor will schedule a meeting after Notice to Proceed. B. Attendance Required: Owner, Architect, Contractor and major Subcontractors. C. Agenda: 1. Submission of executed bonds and insurance certificates. 2. Distribution of Contract Documents. 3. Submission of list of Subcontractors, list of products, Schedule of Values, and progress schedule. 4. Designation of personnel representing the parties in Contract and the Architect. 5. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. 6. Scheduling. a. Use of premises by Owner and Contractor. b. Owner's requirements and partial occupancy. c. Construction facilities and controls provided by Owner. d. Temporary utilities provided by Owner. e. Survey and building layout. f. Security and housekeeping procedures. g. Schedules. h. Procedures for testing. i. Procedures for maintaining record documents. 03273505 ADMINISTRATIVE REQUIREMENTS 01300 - 2 10!05 j. Requirements for start-up of equipment. k. Inspection and acceptance of equipment put into service during construction period. D. Record minutes and distribute copies within three days after meeting to participants with two copies to Architect and those affected by decisions made. 1.7 REQUEST FOR INFORMATION A. Contractor shall use Architect's standard form when submitting Requests For Information (RFI). Architect will issue a copy of this form to Contractor in both hard copy and electronic media. Only Contractor can submit RFIs to Architect. RFI requests from subcontractors or material suppliers will not be considered. B. All information indicated on the form to be provided by Contractor shall be complete before a request can be submitted to the Architect's office. Requests with incomplete information will be returned to the Contractor. Submission of a complete RFI request by Contractor does not constitute an RFI until Architect makes the determination. If Architect determines that request can not be answered with the information provided in the Contract Documents, Architect will then assign an RFI tracking number. Requests determined by Architect not to be an RFI will be returned to Contractor without being assigned an RFI tracking number. A transmittal document returning the denied RFI request will be provided with a response indicating action to be taken by Contractor. C. If request and proposed solution cannot fit on the form, an attachment may be identified in the Request or Contractor Proposed Solution areas, then attached to the form and submitted to Architect. RFIs may contain more than one item when the items are related issues. Otherwise, only one item shall be addressed on each RFI request. D. Architect's response to the RFI will be in writing on the same form, or by attachment and issued to Contractor and Owner. E. Responses from Architect will not change any requirement of the Contract Documents. Should Contractor believe an RFI response to cause a change to the Contract, Contractor shall give written notice to Architect in accordance with the requirements in the Contract. Written notice shall include specific reasons and an order of magnitude of Cost and/or Time that Contractor deems appropriate based on the Architect's RFI response. Contractor's written notice does not constitute a Change Order, but provide a basis for further review and discussion with the Architect. 1.8 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at minimum weekly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. C, Attendance Required: Job superintendent, major Subcontractors and suppliers, and Architect, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 03273505 ADMINISTRATIVE REQUIREMENTS 01300 - 3 10105 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. E. Record minutes, and distribute copies within three days to Architect, participants, and those affected by decisions made. 1.9 PREINSTALLATION MEETING A. When required in individual specification Sections, convene a preinstallation meeting at work site prior to commencing work of the Section. B. Require attendance of parties directly affecting, or affected by, work of the specific Section. C. Notify Architect four days in advance of meeting date. D. Prepare agenda and preside at meeting. 1. Review conditions of installation, preparation and installation procedures. 2. Review coordination with related work. E. Record minutes, and distribute copies within three days after meeting to participants, with three copies to Architect. PART2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural attachment of new Work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Verify that utility services are available, of the correct characteristics, and in the correct location. A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply any manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. D. Make repairs to existing substrates exposed due to demolition prior to applying new materials. 03273505 ADMINISTRATIVE REQliIREMENTS 01300 - 4 10105 3.3 CUTTING AND PATCHING A. Employ skilled and experienced installer to perform cutting and patching. B. Submit written request in advance of cutting or altering elements which affects: 1. Structural integrity of element. 2. Integrity of weather -exposed or moisture -resistant elements. 3. Efficiency, maintenance, or safety of element. 4. Visual qualities of sight -exposed elements. C. Execute cutting, fitting, and patching to complete Work, and to: 1. Fit the several parts together, to integrate with other Work. 2. Uncover Work to install or correct ill-timed Work. 3. Remove and replace defective and non -conforming Work. 4. Remove samples of installed Work for testing. 5. Provide openings in elements of Work for penetrations of mechanical and electrical Work. D. Execute work by methods which will avoid damage to other Work, and provide proper surfaces to receive patching and finishing. E. Cut rigid materials using masonry saw or core drill. F. Restore Work with new products in accordance with requirements of Contract Documents. G. Fit Work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. H. Maintain integrity of wall, ceiling, or floor construction; completely seal voids. 1. Refinish surfaces to match adjacent finishes. For continuous surfaces, refinish to nearest intersection. For an assembly, refinish entire unit. J. Identify any hazardous substance or condition exposed during the Work to the Architect for decision or remedy. END OF SECTION 03273505 ADMINISTRATIVE REQUIREMENTS 01300 - 5 10,105 ou■■uuruu■sa ■r/■uuauruuo rnraaaurraaum nour■uuua/o iiievansaiiiiiiago ■uuua■aaauaua 0— �r it ii i Q_4! u • R q1 Il_J■ fta■ •rai z ! 11 la �rra�■%�/ilk/rf��/■ ruvuauururr■ REQUEST FOR INFORMA T/ON F, DATE: RFT #: (#, assigned by PSC) TO: Parkhill, Smith & Cooper, Inc. FROM: (General Contractor's Name) Lubbock, Texas Address: PROJECT: Silent Wings Museum Phone: PSC PROJECT #: 03273505 Fax: *Items to be completed by Contractor before submittal to PSC for review. *Specification Section/Paragraph No.: *Drawing Reference/Detail No.: �9 *Request: *Contractor Proposed Solution: *Signed by: ❑ No RFI tracking number assigned Response: ❑ Attachments: *Response needed in days Response From: To: Date Rec'd: Date Ret'd: Signed by: Copies: ❑ Owner ❑ Consultants ❑ ❑ PARKHILL, SMITH & COOPER, INC. Engineers ■ Architects ■ Planners 4222 85" Street • Lubbock, Texas 79423 (806) 473-2200 • FAX (806} 473-3500 Lubbock El Paso Midland Amarillo Odessa P^,projects'.200512735.051CLERICAL`,SPECS`..2735-C 1300.doc r I SECTION 01330 SUBMITTAL PROCEDURES PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1- General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Submittal procedures. B. Construction progress schedules. C. Shop drawings. D. Product data. E. Samples. F. Design data. G. Test reports. H. Certificates. I. Manufacturers' instructions. J. Manufacturers' field reports. 1.3 RELATED SECTIONS A. Section 01200 - Price and Payment: Schedule of Values. B. Section 01400 - Quality Requirements: Manufacturers' field services and reports. C. Section 01700 - Execution Requirements: Contract Closeout: Contract warranty, manufacturer's certificates and closeout submittals. 1.4 SUBMITTAL PROCEDURES A. Submit to Architect for review for limited purpose of checking for conformance with information given and design concept expressed in Contract Documents. B. Produce copies and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes described in Section 01700. C. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. D. Sequentially number transmittal forms using Section number or Contractors other sequential numbering system. E. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing sheet and detail number(s), and specification Section number, appropriate to submittal. F. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. G. Schedule submittals to expedite the Project, and deliver to Architect at business address. Coordinate submission of related items. _. 03273505 SUBMITTAL PROCEDURES 01330 - 1 10%US H. For each submittal for review, allow 10 days excluding delivery time to and from the Contractor. I. Identify variations from Contract Documents and product or system limitations which may be detrimental to successful performance of completed Work. J. Allow space on submittals for Contractor and Architect review stamps. K. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. L. Submittals not requested will not be recognized or processed. M. Format 1. Submit all submittals using an 8 '/z x I 1 inch format. 2. For submittals larger than 8 '/z x 11 inches, prefold to an 8 `/z x 11 format. Submittals not pre -folded will be rejected. N. At Architect's option, submittals will not be individually marked, but will be reviewed using Architect's standard submittal review form. O. Copies Required 1. Structural and Architectural Submittals: Number of copies Contractor requires plus two copies which will be retained by Architect. At the Architect/Engineer's option, only one copy may be returned to Contractor with Architect/Engineer's review comments. Contractor copies submitted in excess of indicated amounts may be returned without review comments. 2. Mechanical, Plumbing and Electrical Submittals: Number of copies Contractor requires plus three copies which will be retained by Architect. At the Architect/Engineer's option, only one copy may be returned to Contractor with Architect/Engineer's review comments. Contractor copies submitted in excess of indicated amounts may be returned without review comments. P. The submittal procedures described in this paragraph applies to the Construction Progress Schedule, Products List, Shop Drawings, Product Data, Samples, Design Data, Test Reports, Certificates, Manufacturer's Instructions and Field Reports, Erection Drawings and any other type of submittal submitted to Architect/Engineer. 1.5 RESUBMITTAL REQUIREMENTS A. Revise and resubmit submittals, as required, and resubmit to meet requirements as specified and as noted on submittal reviews. B. Mark as RESUBMITTAL. C. Re -use original transmittal number and supplement with sequential alphabetical or numeric suffix for each re -submittal. 1.6 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate for Architect's review within 15 days after date established in Notice to Proceed. B. Revise and resubmit as required. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each section of Work, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. 03273505 SUBMITTAL PROCEDURES 01330 - 2 10!05 0 F. Indicate estimated percentage of completion for each item of Work at each submission. G. Submit separate schedule of submittal dates for shop drawings, product data, samples, and dates reviewed submittals will be required from Architect. Indicate decision dates for selection of finishes. H. Revisions To Schedules: 1. Indicate progress of each activity to date of submittal, and projected completion date of each activity. 2. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. 3. Prepare narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect including effect of changes on schedules of separate contractors. 1.7 SHOP DRAWINGS A. Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. " B. Drawing Size: Minimum 8 % x 11 inches and maximum 30 x 42 inches. C. Form 1. For drawings larger than 11 x 17 inches, submit in the form of one reproducible transparency and one opaque reproduction. 2. For drawings 11 x 17 inches and smaller, submit opaque reproductions. D. Draw details to a minimum size of 1/2 inches equal to 1 foot. E. Draw site plans to same scale indicated on contract drawings. F. Draw all other plans to a minimum size of 1/8 inch equal to 1 foot. G. At Architect's option, depending on extent of review comments, either all opaque copies will be marked or only the reproducible will be marked and returned to the Contractor to make copies required. 1.8 PRODUCT DATA A. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. B. Include recommendations for application and use, and reference to compliance with specified standards of trade associations and testing agencies. C. Include notation of special coordination requirements for interfacing with adjacent work and building utilities where applicable. D. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 — Execution Requirements. 1.9 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. Unless otherwise specified, submit samples of finishes from manufacturers' full range of standard colors, textures, and patterns, for Architect's selection. C. Where variations in color, pattern or texture are inherent in the material or product, submit multiple samples to indicate the approximate range or variations. D. Include full Project information and identification of manufacturer, model number, type, style and color on each sample. 03273505 10105 SUBMITTAL PROCEDURES 01330 - 3 E. Submit the number or samples specified in individual specification Sections; one of which will be retained by Architect. F. Reviewed samples which may remain as part of the Work are indicated in individual specification Sections. G. Samples will not be used for testing purposes unless specifically stated in individual specification section. 1.10 DESIGN DATA A. Submit for Architect's knowledge as contract administrator or for Owner. B. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. 1.11 TEST REPORTS A. Submit for Architect's knowledge as contract administrator or for Owner. B. Submit test reports for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. 1.12 CERTIFICATES A. When specified in individual specification sections, submit certification by manufacturer, installation/application subcontractor, or Contractor to Architect, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or product, but must be acceptable to Architect. 1.13 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing. B. Identify conflicts between manufacturers' instructions and Contract Documents. C. Indicate special procedures, conditions requiring special attention and special environmental criteria required for application or installation. 1.14 MANUFACTURER'S FIELD REPORTS A. Submit reports for Architect's benefit as contract administrator or for Owner. B. Submit report in duplicate within 15 days of observation to Architect for information. C. Submit for information for limited purpose of assessing conformance with information given and design concept expressed in Contract Documents. PART 2 - PRODUCTS Not Used 03273505 SUBMITTAL PROCEDURES 01330 - 4 10/05 PART 3 - EXECUTION Not Used END OF SECTION fy` p1l" 05" 03273505 SUBMITTAL PROCEDURES 01330 - 5 10105 SECTION 01400 QUALITY REQUIREMENTS PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 1 - General Requirements apply to the work of this Section. Eil' 1.2 SECTION INCLUDES A. Quality control and control of installation. B. Tolerances. C. References. D. Manufacturers' field services. E. Examination F. Preparation 1.3 RELATED SECTIONS A. Section 01330 - Submittal Procedures: Submission of Manufacturers' Instructions and [I Certificates. 4. B. Section 01420 - Reference Standards. C. Section 01600 - Product Requirements: Requirements for material and product quality. 1.4 QUALITY CONTROL AND CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Verify field measurements are as indicated on Shop Drawings or as instructed by manufacturer. G. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. 1.5 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Architect before proceeding. 03273505 QUALITY REQUIREMENTS 01400 - 1 10105 C. Adjust products to appropriate dimensions; position before securing in place. 1.6 REFERENCES A. For products or workmanship specified by association, trade, or other consensus standards, comply with requirements of standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date of Contract Documents, except where a specific date is established by Code. C. Obtain copy of standards when required by specification section. D. Neither contractual relationship, duties nor responsibilities of parties in Contract nor those of the Architect shall be altered from Contract Documents by mention or inference otherwise in any reference document. 1.7 MANUFACTURERS' FIELD SERVICES A. When specified in individual specification Sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, and quality of workmanship, as applicable, and to initiate instructions when necessary. B. Submit qualifications of observer to Architect 30 days in advance of required observations. Observer subject to approval of Architect. C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. D. Refer to Section 01330 - SUBMITTAL PROCEDURES, MANUFACTURERS' FIELD REPORTS article. PART2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 EXAMINATION A. Verify existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Verify existing substrate is capable of structural support or attachment of new Work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying new material or substance in contact or bond. END OF SECTION 03273505 'QUALITY REQUIREMENTS 01400 - 2 10105 N SECTION 01420 REFERENCE STANDARDS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement, and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance. B. Schedule of references. 1.3 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or other consensus standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date of Contract Documents. C. Should specified reference standards conflict with Contract Documents, request clarification from Architect before proceeding. D. The contractual relationship duties and responsibilities of the parties in Contract nor those of the Architect shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.4 SCHEDULE OF REFERENCES AAMA American Architectural Manufacturers Association (847) 303-5664 1827 Walden Office Sq., Suite 104 Schaumburg, IL 60173-4268 www.aamanej= ACI American Concrete Institute P.O. Box 9094 Farmington Hills, MI 48333-9094 www.aci-int.orQ ACI ACI International P.O. Box 9094 Farmington Hills, MI 48333-9094 AGA American Gas Association P.O. Box 79230. Baltimore, MD 21279-0230 03273505 REFERENCE STANDARDS 01420 - 1 10105 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 AHA American Hardboard Association (847) 934-8800 1210 W. Northwest Hwy Palatine, IL 60067 www.hardboard.or� AI Asphalt Institute (606) 288-4960 Research Park Drive P.O. Box 14052 Lexington, KY 40512-4052 wwwAsphaltinstitute.org AIA American Institute of Architects 1735 New York Avenue, N.W. Washington, DC 20006 AISC American Institute of Steel Construction (312) 670-2400 One East Wacker Dr., Suite 3100 Chicago, IL 60601-2001 www.aisc.oriz AISI American Iron and Steel Institute (202) 452-7100 1101 17th St., NW, Suite 1300 (800) 277-3850 Washington, DC 20036 www.steel.org ANSI American National Standards Institute (202) 293-8020 1819 L. Street, N.W. Washington, DC 20036 w-vw.ansi.org APA/EWA APA-The Engineered Wood Association (253) 565-6600 P.O. Box 11700 Tacoma, WA 98411-0700 www.al)awood.org API American Petroleum Institute (202) 682-8000 1220 L St., NW Washington, DC 20005-4070 www.api.org ARI Air -Conditioning and Refrigeration Institute (703) 524-8800 4301 North Fairfax Dr., Suite 425 Arlington, VA 22203 www.ari.org 03273505 REFERENCE STANDARDS 01420 - 2 10105 ASCE American Society of Civil Engineers (703) 295-6300 World Headquarters (800) 548-2723 1801 Alexander Graham Bell Dr. Reston, VA 20191-4400 www.asee.org ASHRAE American Society of Heating, Refrigerating and Air (800) 527-4723 Conditioning Engineers (404) 636-8400 1791 Tullie Circle, N.E. Atlanta, GA 30329 www.ashrae.org ASME American Society of Mechanical Engineers (800) 843-2763 3 Park Avenue New York, NY 10016-5990 www. asme, org ASPE American Society of Plumbing Engineers 15233 Ventura Blvd., Suite 811 Sherman Oaks, CA 91403 ASTM American Society for Testing and Materials (601) 832-9585 100 Barr Harbor Dr. West Conshohocken, PA 19428-2959 www.astm.org AWS American Welding Society (800) 443-9353 550 LeJeune Road, N.W. (305) 443-9353 Miami, FL 33126 www.amweld.org AWWA American Water Works Association (303) 794-7711 6666 West Quincy Avenue Denver, CO 80235 www.awwa.org BIA The Brick Industry Association (703) 620-0010 11490 Commerce Park Drive Reston, VA 28191-1525 www.bia.org CDA Copper Development Association 57th Floor, Chrysler Building 405 Lexington Avenue New York, NY 10174 03273505 REFERENCE STANDARDS 01420 - 3 10105 CFR Code of Federal Regulations North Capitol Street between G & H Streets, NW Washington, DC 20402 CLFMI Chain Link Fence Manufacturers Institute 1 101 Connecticut Avenue, N. W. Washington, DC 20036 CPSC Consumer Product Safety Commission 1111 Eighteenth Street, NW Washington, DC 20207 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60195 DHI Door and Hardware Institute 7711 Old Springhouse Road McLean, VA 22102 EJCDC Engineers' Joint Contract Documents Committee American Consulting Engineers Council 1015 15th Street, N.W. Washington, DC 20005 EJMA Expansion Joint Manufacturers Association 25 North Broadway Tarrytown, NY 10591 EPA Environmental Protection Agency 401 M Street, SW Washington, DC 20460 FCC Federal Communications Commission 1919 M Street, NW Washington, DC 20554 FM Factory Mutual System 1151 Boston -Providence Turnpike P.O. Box 688 Norwood, MA 02062 FS Federal Specification General Services Administration Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, DC 20407 03273505 REFERENCE STANDARDS 01420 - 4 10105 GA Gypsum Association 810 First St. NE, Suite 5 10 Washington, DC 20002 HPMA Hardwood Plywood Manufacturers Association 1825 Michael Faraday Drive P.O. Box 2789 HPW H.P. White Laboratory 3114 Scarboro Road Street, MD 21154 Reston, VA 22090-2789 ICBO International Conference of Building Officials 5360 S. Workman Mill Road Whittier, CA 90601 IEEE Institute of Electrical and Electronics Engineers 345 East 47th Street New York, NY 10017 IES Illumination Engineering Society of North America 345 East 47th Street New York, NY 10017 IMIAC International Masonry Industry All -Weather Council International Masonry Institute 815 15th Street, N.W. Washington, DC 20005 ML/SFA Metal Lath/Steel Framing Association 221 North LaSalle Street Chicago, IL 60601 NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601 NBS National Bureau of Standards (U.S. Department of Commerce) Gaithersburg, MD 20234 NCMA National Concrete Masonry Association P.O. Box 781 Herndon, VA 22070 NEC National Electrical Code (by NFPA) 03273505 REFERENCE STANDARDS 01420 - 5 10105 NECA National Electrical Contractors Association 7315 Wisconsin Avenue Bethesda, MD 20814 NE.MA National Electrical Manufacturers' Association 2101 'L' Street, N.W. Washington, DC 20037 NFPA National Fire Protection Association Battery March Park Quincy, MA 02269 NFoPA National Forest Products Association 1619 Massachusetts Avenue, N.W. Washington, DC 20036 NPCA National Paint and Coating Association 1500 Rhode Island Avenue N.W. Washington, D.C. 20005 NRCA National Roofing Contractors Association 8600 Bryn Mawr Avenue Chicago, IL 60631 OSHA Occupational Safety and Health Administration (U.S. Department of Labor) Government Printing Office Washington, D.C. 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077 PS Product Standard U. S. Department of Commerce Washington, DC 20203 RILEM International Union of Testing and Research Laboratories for Materials and Structures RILEM Secretariat General ENS-Pavillon des Jardins. 61 avenue du President Wilson F-94235 Cachan Cedex, France RMA Rubber Manufacturer's Association 1400 K Street, N.W. Washington, D.C. 20005 03273505 REFERENCE STANDARDS 01420 - 6 10i 05 SDI Steel Deck Institute P.O. Box 9506 Canton, OH 44711 SJI Steel Joist Institute 1205 48th Avenue North, Suite A Myrtle Beach, SC 29577 SMACNA Sheet Metal and Air Conditioning Contractors' National Association 8224 Old Court House Road Vienna, VA 22180 SPIB Southern Pine Inspection Bureau 4709 Scenic Highway Pensacola, FL 32504-9094 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 WCLIB West Coast Lumber Inspection Bureau 6980 S.W. Varns Road Box 23145 Portland, OR 97223 WWPA Western Wood Products Association 1500 Yeon Building Portland, OR 97204 PART 2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 03273505 REFERENCE STANDARDS 01420 - 7 10105 SECTION 01500 TEMPORARY FACILITIES & CONTROLS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 - General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Temporary Utilities: Electricity, telephone service, water, and sanitary facilities. B. Temporary Controls: Barriers, fencing, and protection of the Work. C. Construction Facilities: Parking and progress cleaning. 1.3 RELATED SECTIONS A. Section 01700 - Execution Requirements: Contract Closeout; final cleaning. 1.4 TEMPORARY ELECTRICITY A. Connect to existing power service. Power consumption shall not disrupt Owner's need for continuous service. B. Owner will pay cost of energy used. Exercise measures to conserve energy. C. Provide power outlets for construction operations, with branch wiring and distribution boxes as required. Provide flexible power cords as required. D. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electric Code. E. Permanent convenience receptacles may not be utilized during construction. F. Provide adequate distribution equipment, wiring, and outlets to provide single phase branch circuits for power and lighting. 1. Provide 20 ampere duplex outlets, single phase circuits for power tools for every 2000 sq ft of active work area and at specific locations as required. 2. Provide 20 ampere, single phase branch circuits for lighting. 1.5 TELEPHONE SERVICE A. Provide, maintain and pay for telephone service to field office at time of project mobilization. B. As a minimum, provide mobile telephone service for the on -site superintendent and home office telephone service. 1.6 TEMPORARY WATER SERVICE A. Connect to existing water source for construction operations. B. Owner will pay cost of water used. Exercise measures to conserve water. 03273505 TEMPORARY FACILITIES R CONTROLS 01500 - 1 10/05 1.7 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. Existing facilities shall not be used. 1.8 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas, to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide barricades and covered walkways required by governing authorities for public rights - of -way and for public access to existing building. C. Provide protection for plant life designated to remain. Replace damaged plant life. D. Protect non -owned vehicular traffic, stored materials, site and structures from damage. 1.9 FENCING A. Construction: Temporary commercial grade chain link fence. B. Provide 6 foot high fence around materials storage areas. Equip with vehicular and pedestrian gates with locks. 1.10 SECURITY A. Coordinate with Owner's security program. Note that portions of the site have restricted access. Security badges and/or escort will be required. 1.11 PARKING A. Existing paved areas may be used for parking provided it does not interfere with Owner's continued operations. Contractor parking shall be at the west side of the lot located west of the building. 1.12 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Remove waste materials, debris, and rubbish from site and dispose off -site at intervals as required to maintain clean site, PART2-PRODUCTS Not Used PART 3 - EXECUTION 03273505 TEMPORARY FACILITIES & CONTROLS 01500 - 2 10105 Not Used END OF SECTION 03273505 TEMPORARY FACILITIES & CONTROLS 10105 01500-3 r J. SECTION 01600 PRODUCT REQUIREMENTS PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1- General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Products. B. Product Delivery, Storage and Handling. C. Product options. D. Substitutions, 1.3 RELATED SECTIONS A. Owner's Instructions to Bidders. B. Section 01400 - Quality Requirements: Product quality monitoring. 1.4 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work and does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. D. Materials required to match existing work and not otherwise specified, shall be equal to the existing work in quality, color and finish. Workmanship and installation shall be comparable to adjacent existing work. The Architect shall be the sole authority in determination of acceptable work. 1.5 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver materials, products and equipment to the project site in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accord with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction process. 03273505 PRODUCT REQUIREMENTS 01600 - 1 10/05 B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. 2. Store sensitive products in weather -tight, climate controlled enclosures. 3. For exterior storage of fabricated products, place on sloped supports, above ground. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation or potential degradation of Products. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent mixing with foreign matter. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. 7. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. S. Materials, products and equipment may be stored off site in a bonded and insured warehouse approved by the Architect and Owner. Pay all costs incurred for off -site storage facilities. Products properly stored in off -site storage facilities may be included in progress pay requests with written approval of the Architect. C. Handling 1. Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.6 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named in accordance with the following article. 1.7 SUBSTITUTIONS A. Architect will consider requests for substitutions only within 15 days after date established in Notice to Proceed. B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A request constitutes a representation that the Bidder: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the Substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse Owner and Architect for review or redesign services associated with re - approval by authorities. 03273505 PRODUCT REQUIREMENTS 01600 - 2 10105 M E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents, F. Substitution Submittal Procedure: 1. Submit four copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The Architect will notify Contractor, in writing, of decision to accept or reject request. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used 03273505 10105 END OF SECTION PRODUCT REQUIREMENTS 01600 - 3 SECTION 01700 EXECUTION REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 - General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Project record documents. D. Operation and maintenance data. E. Warranties. 1.3 RELATED SECTIONS A. Section 01500 - Temporary Facilities and Controls: Progress cleaning. 1.4 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Architect's inspection. B. Provide submittals to Architect that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.5 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean debris from roofs, gutters, downspouts, and drainage systems. C. Clean site; sweep paved areas, rake clean landscaped surfaces. D. Remove waste and surplus materials, rubbish, and construction facilities from the site. E. Repair, patch and touch-up marred surfaces to match adjacent finishes. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents, record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. 03273505 EXECUTION REQUIREMENTS 01700 - 1 `" 10105 C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Field changes of dimension and detail. 2. Details not on original Contract Drawings. 3. Changes made by addenda and modification. F. Submit documents to Architect with claim for final Application for Payment. 1.7 OPERATION AND MAINTENANCE DATA A. Submit one copy 15 days prior to final inspection, 8 '/z x 11 inch text pages, bound in three D-ring binders with durable plastic covers. B. This copy will be retumed after final inspection, with Architect comments. Revise content of documents as required prior to final submittal. C. Submit two final volumes revised within ten days after final inspection. D. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. E. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. F. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, type on 24 pound white paper. G. Part 1: Directory, listing names, addresses, and telephone numbers of Architect, Contractor, Subcontractors, and major equipment suppliers. H. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment and/or products. 3. Instructions necessary for Owner to make full and efficient use of product including recommended maintenance. 4. Maintenance instructions. I. Part 3: Project documents and certificates, including the following: 1. Shop drawings and product data. 2. Air and water balance reports. 3. Certificates. 4. Photocopies of warranties and bonds. 1.8 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. 03273505 EXECUTION REQUIREMENTS 01700 - 2 10105 _ I E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used 03273505 10105 END OF SECTION EXECUTION REQUIREMENTS 01700-3 F PART 1 - GENERAL SECTION 01732 SELECTIVE DEMOLITION 1.1 RELATED DOCUMENTS a A. Drawings, General Conditions of the Agreement and Division 1 — General Requirements apply to work of this Section. 1.2 SUMMARY A. This Section includes the following: 1. Demolition and removal of selected portions of building roof system. 1.3 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off -site, unless indicated to be removed and salvaged or removed and reinstalled. B. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. 1.4 QUALITY ASSURANCE A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition work similar in material and extent to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI A10.6 and NFPA 241. D. Predemolition Conference: Conduct conference at Project site. 1.5 PROJECT CONDITIONS A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. C. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. D. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work. 1. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Owner will remove hazardous materials under a separate contract. E. Storage or sale of removed items or materials on -site is not permitted. F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Maintain fire -protection facilities in service during selective demolition operations. 03273505 SELECTIVE DEMOLITION 01732 - 1 10,'05 PART2-PRODUCTS Not Used PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that indicated utilities have been disconnected and capped. B. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. C. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Architect. D. Survey of Existing Conditions: Record existing conditions by use of preconstruction photographs and/or preconstruction videotapes. E. Perform surveys as the Work progresses to detect hazards resulting from selective demolition activities. 3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS A. Existing Services/Systems: Maintain services/systems indicated to remain and protect them against damage during selective demolition operations. 3.3 PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris -removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1. Comply with requirements for access and protection specified in Division 1 Section "Temporary Facilities and Controls." 3.4 SELECTIVE DEMOLITION A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain. 2. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 3. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame -cutting operations. Maintain portable fire - suppression devices during flame -cutting operations. 4. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. 5. Dispose of demolished items and materials promptly. 03273505 SELECTIVE DEMOLITION 01732 - 2 10/05 L B. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. 3.5 DISPOSAL OF DEMOLISHED MATERIALS A. General: Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, remove demolished materials from Project site and legally dispose of them in an EPA -approved landfill. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 3.6 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. B. Maintain construction site clean at all times. Prevent loose debris from blowing away from construction area, Do not allow loose debris to blow onto airport runways and secured areas. END OF SECTION 01732 03273505 SELECTIVE DEMOLITION 01732 - 3 10105 1-1 CL� L-2 C-17,21) I B; f V. ['11'r SECTION 06114 WOOD BLOCKING AND CURBING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 - General Requirements apply to the work of this Section. 1.2 WORK INCLUDED A. Nailers. B. Roof curbs. C. Blocking in wall and roof openings. D. Preservative treatment of wood. 1.3 RELATED WORK A. Section 07600 - Flashing and Sheet Metal: Nailers under coping. _ 1.4 REFERENCES A. ALSC (American Lumber Standards Committee) - Softwood Lumber Standards. B. APA/EWA (APA/The Engineered Wood Association) - Certification. C. ASTM F568 Carbon and Alloy Steel Externally Threaded Fasteners. D. AWPA C1 (American Wood Preservers Association) - All Timber Products - Preservative Treatment by Pressure Process. E. AWPA C20 (American Wood Preservers Association) - Structural Lumber Fire Retardant Treatment by Pressure Process. F. FS FF-N-105B Nails, Brads, Staples and Spikes: Wire, Cut and Wrought. G. SPIB (Southern Pine Inspection Bureau) - Lumber Grading Rules. H. WWPA (Western Wood Products Association). 1.5 QUALITY ASSURANCE A. Perform Work in accordance with the following agencies: M. C. 03273505 10105 b 1. Lumber Grading Agency: Certified by ALSC. 2. Wood Structural Panel Grading Agency: Certified by APA/EWA - The Engineered Wood Association. 3. Lumber Grading Rules: V«VPA. Factory grade stamp each piece of lumber and each wood structural panel. In lieu of grade stamping, submit manufacturer's certificate certifying that products meet or exceed specified requirements. Mark each treated item with the Quality Mark Requirements of an inspection agency approved by ALSC's Board of Review. WOOD BLOCKING AND CURBING 06114- 1 1.6 SUBMITTALS A. Submit following in accordance with Section 01330: 1. Product Data a. Provide technical data on wood preservative materials and application instructions. B. Manufacturer's Certificate: Certify that products conform to specified requirements. 1.7 DELIVERY, STORAGE, AND HANDLING A. Section 01600 - Material and Equipment: Product storage and handling requirements. B. Protect all wood materials from warping or other distortion by stacking in vertical position, braced to resist movement. C. Keep all wood materials covered and dry. Provide air circulation within and around stacks. PART2-PRODUCTS 2.1 MATERIALS A. General 1. Where nominal sizes are indicated, provide actual sizes required by DOC PS 20 for moisture content specified. Where actual sizes are indicated, they are minimum dressed sizes for dry lumber. 2. Provide dressed lumber, S4S, unless otherwise indicated. B. Nailers and Miscellaneous Framing: Yellow Pine species, No. 2 and better grade, 19 percent maximum moisture content, pressure preservative treat. C. Plywood: APA Structural I, Grade CDX. 2.2 ACCESSORIES A. Fasteners and Anchors: 1. Fasteners: ASTM F568 and FS FF-N-105B, Hot dipped or Electro galvanized steel. 2. Decking Screws: Bugle head, hardened steel, power driven type, length three times thickness of sheathing cadmium plated or zinc coated. 3. Anchors: a. At Face Brick: Self tapping masonry anchors equal to Hilti Kwik-Con. b. At Mortar Joints: Expansion type anchors equal to Rawl wedge anchors. C. At Hollow Masonry: Resin injected screen anchors equal to Hilti HIT C20. d. At Grout Filled Masonry and Concrete: Expansion bolts or self tapping masonry anchors as required by project conditions. B. Structural Framing Connectors: Hot dipped galvanized steel, sized to suit framing conditions. 2.3 FACTORY WOOD TREATMENT A. Shop pressure treat and deliver to site ready for installation, wood materials requiring pressure impregnated preservatives. B. Wood Preservative (Pressure Treatment): AWPA Treatment C1 using water bome preservative with 0.25 percent retainage. C. Brush apply two coats of preservative treatment on wood in contact with cementitious materials, roofing and related metal flashings and other exterior locations. 03273505 WOOD BLOCKING AND CURBING 06114 - 2 10105 L D. Apply preservative treatment in accordance with manufacturer's recommendations. Ensure site -sawn ends are similarly treated. E. Allow preservative to cure prior to erecting members. PART 3 - EXECUTION 3.1 INSTALLATION A. Set members level and plumb, in correct position. B. Place horizontal members, crown side up. C. Curbs 1. Curb all roof openings except where prefabricated curbs are provided. 2. Form corners by lapping side members alternatively. 3. Construct curb members of single pieces. 4. Coordinate curb installation with installation of decking and support of deck openings. 3.2 SCHEDULES A. Roof Blocking: S/P/F species, 19 percent maximum moisture content, pressure preservative treatment. END OF SECTION 03273505 WOOD BLOCKING AND CURBING 06114 - 3 10105 r O A SECTION 07540 THERMOPLASTIC MEMBRANE ROOFING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Agreement and Division 1 — General Requirements apply to work of this Section. 1.2 SUMMARY A. This Section includes adhered (alternate) and mechanically fastened (base bid) membrane roofing systems. 1.3 SUBMITTALS A. Product Data: For each product indicated. B. Shop Drawings: Include plans, elevations, sections, details, and attachments to other Work. C. Samples: For each product included in membrane roofing system. D. Research/evaluation reports. E. Maintenance data. 1.4 QUALITY ASSURANCE A. Installer Qualifications: A qualified .installer, approved by manufacturer to install manufacturer's products. B. Source Limitations: Obtain components for membrane roofing system from roofing membrane manufacturer. C. Fire -Test -Response Characteristics: Provide membrane roofing materials with the fire -test - response characteristics indicated as determined by testing identical products per test method below by UL, FMG, or another testing and inspecting agency acceptable to authorities having jurisdiction. 1. Exterior Fire -Test Exposure: Class A; ASTM E 108, for application and roof slopes indicated. D. Wind Uplift 1. Requirement: Install roofing system in accordance with UL90 Standards. a. Provide pull-out test on existing deck to verify anchorage required to meet standard. E. Preinstallation Conference: Conduct conference at Project site. F. Owner Training 1. At the completion of the project provide complete training to Owner's personnel on maintenance of roof system. Include written step by step instruction. 1.5 WARRANTY A. Special Warranty: Manufacturer's standard form, without monetary limitation, in which 011 manufacturer agrees to repair or replace components of membrane roofing system that fail in materials or workmanship within 15 years from date of Substantial Completion. Failure includes roof leaks. 03273505 THERMOPLASTIC MEMBRANE ROOFING 07540 - 1 10105 PART2-PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply for product selection: 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the manufacturers specified. 2.2 THERMOPLASTIC POLYOLEFIN ROOFING MEMBRANE A. Fabric -Reinforced Thermoplastic Polyolefin Sheet: Uniform, flexible sheet formed from a thermoplastic polyolefin, internally fabric or scrim reinforced, and as follows: 1. Available Manufacturers: a. Carlisle SynTec Incorporated. (Basis of Design) b. Firestone Building Products Company. C. GAF Materials Corporation. d. Johns Manville International, Inc. 2. Thickness: 45 mils (1.1 min), nominal. 3. Exposed Face Color: Tan. 4. Physical Properties: a. Breaking Strength: 225 lbf (1 kN); ASTM D 751, grab method. b. Elongation at Break: 15 percent; ASTM D 751. C. Tearing Strength: 55 lbf (245 ITT) minimum; ASTM D 751, Procedure B. d. Brittleness Point: Minus 22 deg F (30 deg C). e. Ozone Resistance: No cracks after sample, wrapped around a 3-inch- (75- mm-) diameter mandrel, is exposed for 166 hours to a temperature of 104 deg F (40 deg C) and an ozone level of 100 pphm (100 mPa); ASTM D 1149. f. Resistance to Heat Aging: 90 percent minimum retention of breaking strength, elongation at break, and tearing strength after 166 hours at 240 deg F (116 deg C); ASTM D 573. g. Water Absorption: Less than 4 percent mass change after 166 hours' immersion at 158 deg F (70 deg C); ASTM D 471. h. Linear Dimension Change: Plus or minus 2 percent; ASTM D 1204. 2.3 AUXILIARY MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with membrane roofing. B. Sheet Flashing: Manufacturer's standard thermoplastic polyolefin sheet flashing of same color as sheet membrane. C. Bonding Adhesive: Manufacturer's standard bonding adhesive for membrane, and solvent - based bonding adhesive for base flashings. D. Metal Termination Bars: Manufacturer's standard predrilled stainless -steel or aluminum bars, approximately 1 by 1/8 inch (25 by 3 mm) thick; with anchors. E. Fasteners: Factory -coated steel fasteners and metal or plastic plates meeting corrosion - resistance provisions in FMG 4470, designed for fastening membrane to substrate, and acceptable to membrane roofing system manufacturer. 03273505 THERMOPLASTIC MEMBRANE ROOFING 07540 - 2 10105 L r'; F. Miscellaneous Accessories: Provide pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T joint covers, termination reglets, cover strips, slip sheet, and other accessories. 2.4 ROOF INSULATION A. Polyisocyanurate Board Insulation: ASTM C 1289, Type II, felt or glass -fiber mat facer on both major surfaces. B. Tapered Insulation: Provide factory -tapered insulation boards fabricated to slope of indicated on drawings. C. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated. 2.5 INSULATION ACCESSORIES A. General: Roof insulation accessories recommended by insulation manufacturer for intended use and compatible with membrane roofing. B. Fasteners: Factory -coated steel fasteners and metal or plastic plates meeting corrosion - resistance provisions in FMG 4470, designed for fastening roof insulation to substrate, and acceptable to roofing system manufacturer. C. Cold Fluid -Applied Adhesive: Manufacturer's standard cold fluid -applied adhesive formulated to adhere roof insulation to substrate. 2.6 WALKWAYS A. Flexible Walkways: 1/8" thick embossed pads heat welded directly to roof membrane. 3' — 0" wide at locations indicated on drawings. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with the following requirements and other conditions affecting performance of roofing system: 1. Verify that roof openings and penetrations are in place and set and braced and that roof drains are securely clamped in place. 2. Verify that wood blocking, curbs, and nailers are securely anchored to roof deck at penetrations and terminations and that nailers match thicknesses of insulation. 3. Verify that surface plane flatness and fastening of steel roof deck comply with requirements in Division 5 Section "Steel Deck." 3.2 PREPARATION A. Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions. Remove sharp projections. B. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto surfaces of other construction. Remove roof -drain plugs when no work is taking place or when rain is forecast. 03273505 THERMOPLASTIC MEMBRANE ROOFING 07540 - 3 10105 C. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system at the end of the workday or when rain is forecast. Remove and discard temporary seals before beginning work on adjoining roofing. 3.3 INSULATION INSTALLATION A. Coordinate installing membrane roofing system components so insulation is not exposed to precipitation or left exposed at the end of the workday. B. Comply with membrane roofing system manufacturer's written instructions for installing roof insulation. C. Install tapered insulation under area of roofing to conform to slopes indicated. D. Install one or more layers of insulation under area of roofing to achieve required thickness. Where overall insulation thickness is 1-1/2 inches (38 mm) or greater, install 2 or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches (150 mm) in each direction. E. Adhered Insulation: Install each layer of insulation and adhere to substrate as follows: 1. Prime surface of concrete deck with asphalt primer at a rate of 3/4 gal./100 sq. ft. (0.3 L/sq. m) and allow primer to dry. 2. Set each layer of insulation in a solid mopping of hot roofing asphalt, applied within plus or minus 25 deg F (14 deg C) of equiviscous temperature. 3. Set each layer of insulation in a cold fluid -applied adhesive. F. Mechanically Fastened Insulation: Install each layer if insulation and secure to deck using mechanical fasteners specifically designed and sized for fastening specified board -type roof insulation to deck type. 3.4 ADHERED ROOFING MEMBRANE INSTALLATION (ALTERNATE) A. Install roofing membrane over area to receive roofing according to membrane roofing system manufacturer's written instructions. Unroll roofing membrane and allow to relax before installing. B. Bonding Adhesive: Apply water -based bonding adhesive to substrate at rate required by manufacturer and immediately install roofing membrane. Do not apply bonding adhesive to splice area of roofing membrane. C. Flash penetrations and field -formed inside and outside corners with sheet flashing. D. Seams: Clean seam areas, overlap roofing membrane, and hot-air weld side and end laps of roofing membrane according to manufacturer's written instructions to ensure a watertight seam installation. 3.5 MECHANICALLY FASTENED ROOFING MEMBRANE INSTALLATION (BASE BID) A. Install roofing membrane over area to receive roofing according to roofing system manufacturer's written instructions. Unroll roofing membrane and allow to relax before installing. B. Mechanically or adhesively fasten roofing membrane securely at terminations, penetrations, and perimeter of roofing. C. Flash penetrations and field -formed inside and outside corners with sheet flashing. D. Seams: Clean seam areas, overlap roofing membrane, and hot-air weld side and end laps of roofing membrane according to manufacturer's written instructions to ensure a watertight seam installation. 03273505 THERMOPLASTIC MEMBRANE ROOFING 07540 - 4 10105 C E. In -Splice Attachment: Secure one edge of roofing membrane using fastening plates or metal battens centered within membrane splice and mechanically fasten roofing membrane to roof deck. Field -splice seam. 3.6 BASE FLASHING INSTALLATION A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to membrane roofing system manufacturer's written instructions. B. Apply solvent -based bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially dry. Do not apply bonding adhesive to seam area of flashing. C. Flash penetrations and field -formed inside and outside corners with sheet flashing. D. Clean seam areas and overlap and firmly roll sheet flashings into the adhesive. Weld side and end laps to ensure a watertight seam installation. E. Terminate and seal top of sheet flashings and mechanically anchor to substrate through termination bars. 3.7 WALKWAY INSTALLATION A. Flexible Walkways: Install walkway products in locations indicated. Adhere walkway products to substrate with compatible adhesive according to roofing system manufacturer's written instructions. 3.8 FIELD QUALITY CONTROL A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to Architect. 1. Notify Architect 48 hours prior to inspection. B. Repair or remove and replace components of membrane roofing system where test results or inspections indicate that they do not comply with specified requirements. C. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. 3.9 PROTECTING AND CLEANING A. Protect membrane roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Architect and Owner. B. Correct deficiencies in or remove membrane roofing system that does not comply with requirements, repair substrates, and repair or reinstall membrane roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements. C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. END OF SECTION 07540 03273505 THERMOPLASTIC MEMBRANE ROOFING 10105 07540 - 5 SECTION 07600 SHEET METAL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, Conditions of the Agreement and Division 1- General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Fascias. 1.3 RELATED SECTIONS A. Section 07540 — Thermoplastic Membrane Roofing: Roofing system. 1.4 REFERENCES A. ASTM A653/A653M - Steel Sheet, Zinc -Coated (Galvanized) or Zinc -Iron Alloy -Coated by the Hot -Dip Process. B. ATM A755/A755M - Steel Sheet, Metallic coated by the Hot -Dip Process and Prepainted by . the Coil -Coating Process for Exterior Exposed Building Products. C. ASTM A792 - Steel Sheet, 55% Aluminum -Zinc Alloy Coated by the Hot -Dip Process. D. ASTM C728 - Perlite Thermal Insulation Board. E. SMACNA - Architectural Sheet Metal Manual - Fifth Edition with Addendum no. 1. 1 1.5 SUBMITTALS A. Submit under provisions of Section 01330. B. Shop Drawings: Indicate material profiles, jointing pattern, jointing details, fastening methods, I flashings, terminations, and installation details. 1.6 QUALITY ASSURANCE A. Perform work in accordance with SMACNA and NRCA standard details and requirements. B. Conform to SMACNA Manual for sizing components for rainfall intensity determined by a storm occurrence of 1 in 5 years. C. Maintain one copy of each document on site. I.7 REGULATORY REQUIREMENTS ti t A. Conform to applicable code for size and method of rain water discharge. r 03273505 SHEET METAL 07600 - 1 , 10105 1.8 QUALIFICATIONS A. Fabricator and Installer: Company specializing in sheet metal flashing work with 5 years experience. 1.9 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, protect and handle products to site under provisions of Section 01600. B. Stack preformed material to prevent twisting, bending, or abrasion, and to provide ventilation. Slope metal sheets to ensure drainage. C. Prevent contact with materials which may cause discoloration or staining. P_4RT 2 - PRODUCTS 2.1 SHEET MATERIALS A. Galvanized Steel: ASTM A653 /A653M, G90 (Z275) zinc coating; 24 gage thick steel, except as otherwise indicated in schedule at end of this section, or on Drawings. B. Lead: ASTM B749, 0.039 inch thick. 2.2 ACCESSORIES A. Fasteners: Same material and finish as flashing metal. 2.3 FABRICATION A. General 1. Fabricate sheet metal items in accordance with SMACNA and roofing manufacturer's details. 2. Form sections true to shape, accurate in size, square, and free from distortion or defects. 3. Fabricate cleats of same inaterial as sheet, interlockable with sheet. 4. Form pieces in longest possible lengths. 5. Fabricate with required connection pieces. 6. Hem exposed edges on underside; miter and seam corners. 7. Fabricate corners from one piece; seam for rigidity, seal with sealant. 8. Fabricate vertical faces with bottom edge formed outward 1/4 inch (6 mm) and hemmed to form drip. B. Fabricate all exposed sheet metal from paint grip galvanized steel. C. Fabricate all concealed sheet metal and sheet metal hidden from normal view from galvanized steel. 2.4 FINISH A. Field painting of exposed metal: Match existing finish. B. Exposed Fasteners: Factory finished to match color of item being fastened. 03273505 10/ 05 SHEET METAL t 07600 - 2 i PART 3 - EXECUTION 3.1 EXAMINATION A. Verify roof openings, curbs, pipes, sleeves, ducts, or vents through roof are solidly set, reglets in place, and nailing strips located. B. Verify roofing termination and base flashings are in place, sealed, and secure. 3.2 PREPARATION A. Install starter and edge strips, and cleats before starting installation. B. Install surface mounted reglets true to lines and levels. Seal top of reglets with sealant. 3.3 INSTALLATION A. Conform to details on drawings and details included in the SMACNA and NRCA manual. B. Apply bituminous protective backing on surfaces in contact with dissimilar materials. C. Back -bed lap joints of flashings in horizontal position. D. Secure flashings in place using concealed fasteners. E. Termination Bars 1. Install in longest practical lengths. 2. Seal top of bar to supporting construction with sealant as recommended by roofing manufacturer. F. Fit flashings tight in place. G. Make corners square, surfaces true and straight in planes, and lines accurate to profiles. H. Seal metal joints watertight. 3.4 FIELD QUALITY CONTROL A. Field inspection will be performed under provisions of Section 01410. B. Inspection will involve surveillance of work during installation to ascertain compliance with specified requirements. END OF SECTION 03273505 SHEET METAL 10105 07600 - 3