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HomeMy WebLinkAboutResolution - 2004-R0530 - Contract Bid For ADA Renovations For Clapp Swimming Pool - 10_28_2004Resolution No. 2004-RO530 October 28, 2004 Item No. 33 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract per Bid # 04-158- RW for ADA renovations at Clapp Swimming Pool by and between the City of Lubbock and Tommy Klein Construction, 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 ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: "t�A�L Ki man, Purchasing Manager APPROVED AS TO FORM: G. Vandiver Attorney of Counsel ke/ccdocs/Clapp.ADA.Klein BID 04 158RW.res October 18, 2004 28th day of October , 2004. 14!1�1 C MCDOUGAL, MAYOR No Text CITY OF LUBBOCK SPECIFICATIONS FOR CLAPP SWIMMING POOL ADA RENOVATIONS ITB #04-158-RW Plans & Specifications may be obtained, at the bidder's expense, from THE REPRODUCTION COMPANY http://pr.thereProductioncomPany.com/ Phone: (806) 763-7770 "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas � \} � CITY OF LUBBOCK INVITATION TO mO � Lz FOR TITLE CLAPP SWIMMING POOL ADA RENOVATIONS ADDRESS LUBBOCK TEXAS � � � ITB NUMBER 0 d5-RW � � � PROJECT NUMBER 8001E8815.08 97 � � CONTRACT PREPARED BY: PURCHASING DEPARTMENT � . � [^ � [` � E` \: INDEX r 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5PFm F-QWnnnnirj= Rn[\Irmo 6, CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. DAVIS-BACON WAGE DETERMINATIONS 10. SPECIFICATIONS I NOTICE TO BIDDERS NOTICE TO BIDDERS ITB #04-158-RW Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 29th day of September, 2004, 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: "CLAPP SWIMMING POOL ADA RENOVATIONS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 o'clock p.m. on the 29th day of September, 2004, and the City of Lubbock City Council will consider the bids on the 14th day of October, 2004, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) 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 15th day of September. 2004 at 10:00 o'clock a.m., in the Conference Room 203B, Lubbock, Texas. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405. PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE BIDDER'S EXPENSE, FROM THE REPRODUCTION COMPANY, http://or.thereDroductioncomr)any.com/, Phone: (806) 763-7770. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is - specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at _i least 48 hours in advance of the meeting. a REPRODUCnON ( R COMPANY �_:_ __�j West Texas Reprogrophics Heodguarters 2102 Ave. Q Lubbock, TX 79,411 t (806)763.7770 (888) 889.5978 http://pr.thereproductioncompany.com Price of Plans per set $ 7.61 Price per Spec book $ 9.92 Total Building Package $17.53 For individual broken up sets visit our website CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER GENERAL INSTRUCTIONS TO BIDDERS R GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE , 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CLAPP SWIMMING POOL ADA RENOVATIONS per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m. CST, the 29th day of September, 2004 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 #04-158-RW, CLAPP SWIMMING POOL ADA RENOVATIONS" 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: F, Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 - Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing 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. 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 10:00 a.m., September 15th, 2004 in Conference Room 203B, 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 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.RFPdepot.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 Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet at http://www.RFPdepot.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 Department no later than five (5) days before the bid closing date. 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 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. 4 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 v' 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 Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager 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 Purchasing Manager 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. 5 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. 6 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. 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. 8 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. 2 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 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 City of Lubbock Purchasing 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 SH) INFORMATION SUBMITTED IN CLOSING. DATE L REQUEST ANY INFORMATION, 1.l. Arwe I;MV `�1.. Vl1L{CJ7 vAl% vr\IV 1XwIt 1%.f I11V -v1y RANDY WOOD, BUYER City of Lubbock 1625 13t" Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: RWood@mylubbock.us RFPDepot: http://www.RFPdepot.com 13 TIME AND ORDER FOR COMPLETION L 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 f_ 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. l 3 I 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 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 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. l 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have F. . been opened and before the contract has been awarded, to require of a bidder the following information: �: _, 4 (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 The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 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 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 w 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 INSURANCE j 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as z_ 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 5 I 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 AN 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. 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, a 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 [ 6 l 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 bidder without being considered. 29 PREPARATION FOR BID - 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). 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. 30 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, 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. 7 t' I d. i 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 I 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. 3 .92 (e) The safety record of the Contractor and proposed Sub -Contractors 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. The City of Lubbock reserves the right to accept the Base Bid and Bid Options in any order or combination that serves its best interest. The low bid shall be determined on the price combination of the Total Base Bid and any accepted Bid Options. 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. 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. BID SUBMITTAL I BID SUBMITTAL LUMP SUM BID CONTRACT El Mal, 01_�Slw W-- - - I PROJECT NUMBER: #04-158-RW - CLAPP SWIMMING POOL ADA RENOVATIONS _.3id of t c)YY1Y_Ylle�Kle n C UO5ICC. L- 0� To the Honorable Mayor and City Council City of Lubbock, 3entlemen: (hereinafter called Bidder) Texas (hereinafter called Owner) The Bidder, in compliance with your Invitation to Bid for the construction of a CLAPP SWIMMING POOL ADA `:ENOVATIONS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other _dated 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, ithin 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. ;ASE BID: CLAPP SWIMMING POOL ADA RENOVATIONS MATERIALS v � l I � SERVICES: � ($ ®® ® TOTAL BASE BID: ($ / ) (Am unt s be shown i th wor s and numerals. in case of dis r ancy, the amount shown in words shall govern.) OPTION #1: FURNISH AND INSTALL ONE SHADE STRUCTURE AS SHOWN ON PLANS 9ATERIAL. 3 9 80_oo ) -SERVICES: 1-11)'e-hUnd(ed C011(.Z S Q nd- lt? ($ 500,00 ) i -,'OTAL OPTION #1: (ADD) C" d r hurd (e($ LJ $C,'DD ) (Amount shall be shown in both words and numerals. in case of discroancy, 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 rther agrees to pay to Owner as liquidated damages the sum of $800 (EIGHT HUNDRED) DOLLARS for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. EBidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the -ridding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days ,fter the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the )fans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to )mmence work on or before the date specified in the written notice to proceed, and to substantially complete the work on hich he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or srtified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all acessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for 1`�'ollars ($ ) or a Bid Bond in the sum of 5 z� 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 fifteen (15) days after the date of !ceipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the ..-ndersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract ocuments 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. peal if Bidder is a Corporation) ^,TTESV`I 1) acknowledges receipt of the following addenda: Addenda No. Date ,ddenda No. Date --Addenda No. Date Addenda No. Date MMBE Firm: Date: 6 9 z Q - zoo 4 Authorized Sign�a/tore _k1 �r e,rl �C. I e I n ( rinted or Typed Name) dt nr��i�aD,�c . Company n1ad poi ; ;l 3o4 -C, 14n1 nrk l i Imo .' D- Address 0Cx L u b�r�c.� r c �. Tx . Ci County 19493 '73 4 State Telephone: — - Zip Code 439-9'7'71 Fax: VD L? - fz 9 1— 2-9 S 2 2 Tommy Klein Construction, Inc. P.O. Box 94085 Lubbock, Texas 79493-4085 (806) 438-8777 (806) 797-2959 Fax SUBCONTRACTOR LIST CLAPP SWIMMING POOL ADA RENOVATION Concrete Jason Morris Concrete Lifts Recreonics Shade Structures Sun Ports Striping/Signs Thompson Striping Brick Demolition Tommy Klein Construction, Inc. Welding Brick Repair CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder �) And Attached to Bid Submittal the undersigned Bidder, certify that the insurance requirements contained in this bid document have been -eviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of !abbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, �rnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. NTRACTOR'S FIRM NAME: I n ma l ein Contractor (Print) (Print or ONTRACTOR'S FIRM ADDRESS: 7 4 -C I IhM &Lem � ,��i 4 24 IncLJI i-a� 'PQ, fax RNoS 5, c.i',% :�7Q ijg3 "lame of Agent/Broker: L) U A- Taf e, Address of Agent/Broker: Z 3.3 'ity/State/Zip: Lao l 1 ekG� `R gzof _Agent/Broker Telephone Number: ( <QDLa) '�/��� 1177 `L)ate: 09—,29-2004 NOTE TO CONTRACTOR f the time requirement specified above is not met, the City has the right to reject this bid/proposal and raward the contract to another contractor. If you have any questions concerning these requirements, , lease contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 31D #04-158-RW - CLAPP SWIMMING POOL ADA RENOVATIONS SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City - contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. 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. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within 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 (USFWS), the Environmental 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 Health (TDH), 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, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. 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, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper infonnation from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? / YES NO } ' If 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 represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations with the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, judicial final judgements. Notice of Violations and Notice of Enforcement received from TCEQ shall include those classified as major violations and moderate violations under TCEQ'S regulations for documentation of Compliance History, 30TAC, Chapter 60.2 (c) _ (1) and (2). YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. -- QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such - firm, 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 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 _v THE STATE OF TEXAS COUNTY OF LUBBOCK 1 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 _t rejected. e'�2�' Signature ?,-) 0 IC4, dlz4 74- Title a 4 ' A, ` THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, th twe TOMMY KLEIN CONSTRUCTION, INC. P.Q. BOX 94085 - Lubbock, TX 99493 National American Insurance Company as principal, hereinafter called the Principal, and 10110 Manvel Avenue Chandler, OK 74834 a corporation duly organized under the laves of the Mate of Oklahoma as Surety, hereinafter Calf the Surety, are held and firmly Wund unto City of Lubbock 450 Avenue U Lubbock, TX as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BM NOT TO EXCEED Dollars ($ 5% G.A.E. for the payment of which sum wep and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has submitted a bid for Clapp Swimming Pool ADA Renovations NOW, THEFtEFORE, If the Obliged shall' accept "bid of the Principal and the Prinapal shall enter into.a Contract with the Oblig" in accordance with the terms of such bid, and give such bond or bonds as may be opeotttect in the bidding or Contract Documents with good and suffclent surety for the fadMul performenoe of such Contract and for the prompt payment of labor and materiel fumielted in the prosecution thereof, or in the event of the failure of the Principal to enter Such Contract and give such bond or bonds, if the Prinolpol Shall pay to the ObAgee the differarkre not to exceed the penally hereof between the amount specified In said bid and such Iargdr amount for which due Obligee may in good faith contract with another party to perform the Work cov&W by said bid, then this obligati0v shall be null and void, otherMSO to remain in full force and effect. Signed and sealed this 29th (J - VVIDWS) day of September , 2004. TOMMY KLEIN CONSTRUCTION,'INC,. (Prtnelpol) (5-1) National American Insurance Company ��� � .�------__ t ism►) ftr'itnsssJ arr)i. Smfh' irW4 Attcmoyan-Para AIA DOCUMENT A310 . BID BOND. AIA O , FEBRUARY 1970 ED , THE AMF,3i1CANNSTTTVn of ARCHrmcC rs, 1735 N.Y. AVE., N,W„ WASHINGTON, D.C. Mae 1 NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY -3 CHANDLE R, OKLAHOMA 00/ PRINCIPAL �� %r ��1 EFFECTIVE DATE YZONIOI I //�� � ,e, 79W �� � �.) TREETA�� S) (CITY) CONTRACTAMOUNT 0 (e+• (STATE) CWE AMOUNT OF BOND $®f7i POWER NO. CB 54445 KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the state of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in - Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." National American Insurance Company does hereby make, constitute and appoint DON E . SMITH OR LARRY T . SMITH State of TEXAS its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The authority of said Attorney -in -fact to bind the company shall not exceed $1,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY DNI%Avioat W. Brent LaGere, Chairman & Chief Executive Officer STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July, A.D.1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; thatthe seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. O" OTA R9 PUBLIC Notary Public �r uq Wr A*A« or My Commission Expires August 31, 2003 1, LA NOS �a hCOIN Go" STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: I, the undersigned, Assistant Secretary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the ep�day of , _ (Month) (Year) P`r INsuq' o SrAL v r� ?, Winifred E. Mendenhall, Assistant Secretary 0/6 euntall PAYMENT BOND THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Bond No: CB 58245 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Tommy Klein Construction, Inc. 3811 62"d Drive Lubbock, TX 79413 OWNER (Name and Address): City of Lubbock 1625 13`h Lubbock, TX 79401 CONSTRUCTION CONTRACT Date: 281h October 2004 SURETY (Name and Principal Place of Business): Natinal American Insurance Company 1010 Manvel Avenue Chandler, OK 74834 Amount: $56,187Clapp Swimming Pool ADA Renovation .00 Descri tion (Name and Location)• Lubbock, TX P BOND Date (Not earlier than Construction Contract Date): Amount: $56,187.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) TomAyy Klein Construction, Inc. 281h October 2004 ❑ None ❑ See Page 6 SURETY Company: (Corporate Seal) National American Insurance Comp ny Signature: t I Signature: Name and Title Name and Title: Don E. Smith, Attorney-in-Fact (Any addi 'o signatures appear on page 6) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Smith Construction Bonding other party): Victor Kilman, Purchasing Manager 3116 Kellway Drive —Suite 110 City of Lubbock Carrollton, TX 75006 1625 13 Tele: 972-732-8175 Lubbock, TX 79401 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® A3 12-1984 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligtion shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the adress shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA ® A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 r Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for addtional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name an Address: Signature: Name and Title: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • • DECEMBER 1984 ED. •AIA ® A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 NazioNnr. �Rtcart � INSURANCE r'� COMPANY Terrorism Risk Insurance Act of 2002 Rider On November 26, 2002 the Terrorism Risk Insurance Act of 2002 became law. This new law provides that any losses caused by certified acts of terrorism will be partially reimbursed by the United States of America government under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the bond. This Rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. There is no charge for the terrorism coverage under this bond. M-NOTICE 1 IMPORTANT' NOTICE IN ORDER TO OBTAiP� INF0RMATi(N Og MAKE A C0 MpL,41NT:. You may salt National American insuran4e Company's toll -free telephone number at,.. 800-82.2-7802 or 800-322.2210 or You may write to National American Insurance Company at, Attn: Claims Department P.O. Box 9 Chandler, OK 74834 - or street address - Attn: Claims Department 1010 Manvel Avenue Chandler, OK 74834 You may also contact the Texas Department of tnsurance to obtain information on companies, coverages, rights or complaints at: 80q-252-343� You may write the. Texas Department- of insurance at,, P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given W comply with Section 2253.048, Government Code, and SeGiion 53.202, Property Code, effective September 1, 2001, NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY _3 CHANDLER, OKLAHOMA PRINCIPAL Tommy Klein Construction, inc. EFFECTIVE DATE 15th November 2004 3811 62nd Street Lubbock TX 79413 (STREETADDRESS) (CITY) (STATE) (ZIP CODE) CONTRACT AMOUNT $56,187.00 AMOUNT OF BOND $ 56,187 00 POWER NO. CB 58245 KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the state of Oklahoma, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company, on the'8th day of July, 1987, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attomey-in- Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.. National American Insurance Company does hereby make, constitute and appoint DON E. 'SMITH OR LARRY T. SMITH State of TEXAS its true and lawful atomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The authority of said Attorney -in -fact to bind the company shall not exceed $1,000,000 for any single bond. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIIONAL AMERICAN INSURANCE COMPANY _- S c W. Brent LaGere, Chairman & Chief Executive Officer o aD GkLAHOO STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: On this 8th day of July, A.D. 2003, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. %.t%n a, PUBUC Notary Public ' My Commission Expires February 25, 2007 ITAFE OF Irl o*Lnec'" �, Commission No. 03003328 faoo�N cooA } STATE OF OKLAHOMALj ) COUNTY OF LINCOLN ) SS: I, the undersigned, Assistant Secretary of the National American Insurance Company, an Oklahoma Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 15th day of November , 2004 (Month) (Ye-) 8-0, Winifred E. Mendenhall, Assistant Secretary THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Bond No: CB 58245 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Tommy Klein Construction, Inc. National American Insurance Company 3811 62"d Drive 1010 Manvel Avenue Lubbock, TX 79413 Chandler, OK 74834 OWNER (Name and Address): City of Lubbock 1625 13'h Lubbock, TX 79401 CONSTRUCTION CONTRACT Date: 28th October 2004 Amount: $56,187.00 Description (Name and Location): Clapp Swimming Pool ADA Renovations Lubbock, TX BOND Date (Not earlier than Construction Contract Date): 28'h October 2004 Amount: $56,187.00 Modifications to this Bond: 0 None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) 'gNnmy Kleip Construction, Inc. Signature: Name and - (Any additi al • natures appear on page 3) SURETY ❑ See Page 3 Company: (Corporate Seal) National American Insurance C mpany Signature: do,, Name and Title: Don E. Smith, Attorney -in -Fact (FOR INFORMATION ONLY --Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE Architect, Engineer or Smith Construction Bonding other party): Victor Kilman, Purchasing 1vlanager 3116 Kellway Drive — Suite 110 City of Lubbock Carrollton, TX 75006 1625 13'h Tele: 972-732-8175 Lubbock, TX 79401 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. *AIA ® A312-1984 I THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 1- The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • • DECEMBER 1984 ED. • AIA ® A312-1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for addtional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • • DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 3 CERTIFICATE OF INSURANCE Ili `a r '� If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) INS025 bolos>.os Page 2 of 2 CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 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 AN ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, 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. REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ I CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28th day of October, 2004 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 Tommy Klein Construction, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #04-158-RW - CLAPP SWIMMING POOL ADA RENOVATIONS - $56,187.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. Cl By Al City Secretary APPROVED AS TO CONTENT: Owner' Representative APPROVED AS TO FORM: r CATAttorney CONTRACTOR: Torn cnsiy't. ctl ola xYoc. By: PRINTED NAME: (9 I V� TITLE: 7p&Sl COMPLETE ADDRESS: Tommy Klein Construction, Inc. P.O. Box 94085 Lubbock,Texas 79493 COMMUNITY DEVELOPMENT PROVISIONS ADDENDUM TO CONTRACT WHEREAS, the City of Lubbock, Texas (the "City") and Tommy Klein Construction, Inc. (the "Contractor") entered into a contract dated October 28, 2004 for Clapp Swimming Pool ADA Renovations (the "Contract"); and WHEREAS, the parties understand that certain United States Department of Housing and Urban Development "HUD" Community Development Block Grants ("CDBG") funds are being used for payment for the Contract; and WHEREAS, the use of CDBG funds require that the Contractor follow certain conditions. NOW THEREFORE, the parties agree as follows: I. GENERAL CONDITIONS A. The terms and conditions provided in this addendum shall supercede and take precedence of any conflicting terms in the Contract. B. General Compliance The Contractor agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)). The Contractor also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Contractor further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation insurance as the Contractor is an independent contractor. D. Workers' Compensation The Contractor shall provide Workers' Compensation insurance coverage for all of its employees involved in the performance of this contract. E. Insurance and Bondin The Contractor shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City. The Contractor shall comply with the bonding and insurance requirements of OMB Circular A-110, Bonding and Insurance. F. Audits & Inspections All Contractor records with respect to any matters covered by this Agreement shall be made available to the City, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as the City or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Contractor within 30 days after receipt by the Contractor. Failure of the Contractor to comply with the above audit requirements will constitute a violation of the Contract and may result in the withholding of future payments. The Contractor hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Contractor audits and, as applicable, OMB Circular A-133. G. Relocation, Real Property Acquisition And One -For -One Housing Replacement The Contractor agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance Plan under Section 104(d) of the HCD Act; and (c) the requirements in 570.606(d) governing optional relocation policies. (The City may preempt the optional policies.) The Contractor also agrees to comply with applicable City ordinances, resolutions and policies concerning the displacement of persons from their residences. II. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Contractor agrees to comply and to require all subcontractors to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the PAGE--2 Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause. 3. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570.601 and 602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Contractor shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants. The Contractor, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706), which prohibits discrimination against the handicapped in any Federally -assisted program. The City shall provide the Contractor with any guidelines necessary for compliance with that portion of the regulations in force during the term of this contract. B. Affirmative Action 1. Approved Plan PAGE--3 The Contractor agrees that it shall be committed to carry out pursuant to the City's specifications an Affirmative Action Program in keeping with the principles as provided in the President's Executive Order 11246 of September 24, 1965. The City shall provide Affirmative Action guidelines to the Contractor to assist in the formulation of such program. The Contractor shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Contractor will use its best efforts to afford minority- and women - owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the term "minority and female business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish -surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Contractor may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Contractor shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. EEO/AA Statement The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions PAGE-4 The Contractor will include the provisions of Paragraphs X.A., Civil Rights, and B., Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Contractor is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities; and lobbying. political patronage, and nepotism activities. 2. Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act, the Copeland "Anti - Kickback" Act (40 U.S.C. 276a-276a-5; 40 USC 327 and 40 USC 276c) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. The Contractor shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journeyworkers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a 4 PAGE--5 condition of the Federal financial assistance provided under this contract and binding upon the City, the Contractor and any of the Contractor's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the City, the Contractor and any of the Contractor's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Contractor certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. The Contractor further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this contract is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 (of the Housing and Urban Development Act of 1968), as amended, 12 U.S.C. 1701. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low - and very low-income persons residing in the metropolitan area in which the project is located." The Contractor further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. PAGE--6 The Contractor certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements. b. Notifications The Contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. C. Subcontracts The Contractor will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Contractor will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Contractor shall not assign or transfer any interest in this contract without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Contractor from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 2. Subcontracts a. Approvals The Contractor shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the City prior to the execution of such agreement. b. Monitoring PAGE--7 The Contractor will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. C. Content The Contractor shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Contractor shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City along with documentation concerning the selection process. e. Suspension / Disbarment The Contractor shall not enter into any subcontracts with an agency, business or individual that has been suspended or disbarred by the Department of Housing and Urban Development. 3. Hatch Act The Contractor agrees that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. 4. Conflict of Interest The Contractor agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Contractor further covenants that, in the performance of this Agreement, no person having such a financial interest shall be employed or retained by the Contractor hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. PAGE--8 Lobbying The Contractor hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; C. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; and d. Lobbying Certification - Paragraph d This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Co i t If this contract results in any copyrightable material or inventions, the City and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for government purposes. 7. Religious Organization PAGE--9 The Contractor agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR 570.2000). III. ENVIRONMENTAL CONDITIONS A. Air and Water The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this contract: Clean Air Act, 42 U.S.C., 7401, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Contractor shall assure that, for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint The Contractor agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35 and will comply with all applicable requirements. D. Asbestos City agrees to comply with the Texas Asbestos Health Protection Act set forth at Article 4477-3a Section 12 of the Texas Civil Statutes and the National Emission Standard for Asbestos Regulations set forth at 40 CFR Part 61. E. Historic Preservation The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on PAGE-40 Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a Federal, state, or local historic property list. IV. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. Date: I `� C:�ohzed Signature Tommy Klein Tommy Klein Construction, Inc. P.O. Box 94085 Lubbock, Lubbock County, Texas 79493 Telephone: (806) 438-8777 Fax: (806) 797-2959 PAGE--11 GENERAL CONDITIONS OF THE AGREEMENT 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. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit TOMMY KLEIN CONSTRUCTION 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 CRAIG WUENSCHE PARK DEVELOPMENT SUPERVISOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to 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. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, _.2 equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the _ execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) 2 calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and -. location of the work, the confirmation of the ground, the character, quality and quantity of materials to be i encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 3 L 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 Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other V 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. a 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. { 4 d 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, -p 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." l No claim for extra work of an kind will be allowed unless ordered in writing b Owner's Representative. In case Y 9 Y P 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 and specifications are sufficient and adequate for completion of the project. It is further agreed that any ro' 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. 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, [ 28 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. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. 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 AN 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 (Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, LO Combined Single Limit. This policy shall be submitted prior to contract execution. f.. C. Comprehensive Automobile Liability Insurance (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 an additional insured on this policy for this specific job 7 i - 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 price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance (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. 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 D406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and f 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 f' (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 `A coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 6 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 9 G Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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 of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 10 (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 8001372-7713 or 512/804- 4000(http.11www.twcc.state.tx.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; (v) obtain from each other person with whom it contracts, and provide to the Contractor: 11 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, r 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 $800 (EIGHT HUNDRED) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 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 I- 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. 13 I The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the ' Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. - 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way Yencountered, 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. 14 40. 41 42. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the I Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, 15 6 Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the t- obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD g 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. 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. 16 _s After receiving said notice of abandonment or non-compliance, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. --Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. 17 The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in 1 ` 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 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 f` 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 I 18 ' may be amended from time to time hydrocarbons or other petroleum products or byproducts and/or asbestos in Y � Y P P 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 i 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 g provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided.and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 19 DAVIS-BACON WAGE DETERMINATIONS WAIS Document Retrieval Page I of 4 GENERAL DECISION: TX20030015 05/21/2004 TX15 Date: May 21, 2004 General Decision Number: TX20030015 05/21/2004 Superseded General Decision Number: TX020015 State: Texas Construction Type: Building County: Lubbock County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartment up to and including 4 stories). (Use current heavy & highwa general wage determination for Paving & Utilities Incidental Building Construction). Modification Number 0 1 CARP1884-001 07/01/1993 Publication Date 06/13/2003 05/21/2004 Rates Carpenter ......................$ 12.50 Millwright .....................$ 13.00 Fringes 2.73 2.73 ------------------------------------------------------------ ELEC0850-001 05/29/1997 Rates Fringes Electrician ....................$ 15.25 3.20-8.750 ------------------------------------------------------------ PLUM0629-001 06/01/2002 Rates Fringes L -.,lam .-1--..+,.1.,..,.---—,r,.—,�:r/--,---+o,-911rnrca,,,.m-7cionC„QQ1'7+1)Tn-- R/I'70nna WAIS Document Retrieval Page 2 of 4 #, Plumber ........................$ 18.20 4.45 ------------------------------------------------------------ * SFTX0669-001 04/01/2004 ' Rates Fringes Sprinkler Fitter ...............$ 26.42 6.65 ------------------------------------------------------------ SUTX1992-001 03/16/1992 Rates Fringes Acoustical Ceiling and Drywall Mechanic ...............$ 10.00 .25 i' Bricklayer .....................$ 11.74 Glazier ........................$ 9.50 Laborer ........................$ 5.95 Lather .........................$ 11.17 .; Mason Tender ...................$ 6.25 Painter ........................$ 10.50 Plasterer ......................$ 11.17 Power equipment operators: Backhoe......................$ 10.50 .42 Roofer .........................$ 9.71 Sheet metal worker (Including duct work) .......... $ 8.80 .69 WELDERS - Receive rate prescribed for the craft performin p operation to which welding is incidental. ------------------------------------------------------------ d L... ,., 911T A TOA—TTX—'7C1 n A C 1 1 QO1'7-1 lint 0/1'7/'')nnA WAIS Document Retrieval Page 4 of 4 } Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, thEn an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administra (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statemelt of the interested party's position and by any information gage payment data, project description, area practice material, etc.) that the requestor considers relevant to the sue. 3.) If the decision of the Administrator is not favorable, a interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Wr-te to: Administrative Review Board - U.S. Department of Labor 200 Constitution Avenue, N.W. t Washington, DC 20210 4.) All decisions by the Administrative Review Board are fin END OF GENERAL DECISION I.^ - / • 1 / i_'nTTTATnS__TT\_17C1hAC1lOOl-/..111n-L o11'711WIA WAIS Document Retrieval Page I of 4 GENERAL DECISION: TX20030028 TX28 Date: June 13, 2003 General Decision Number: TX20030028 Superseded General Decision No. TX020028 State: TEXAS Construction Type: HEAVY HIGHWAY County (ies) : ECTOR POTTER TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does include building structures in rest area projects). Modification Number Publication Date 0 06/13/2003 COUNTY (ies) : ECTOR POTTER TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR SUTX2037A 03/26/1998 Rates FA nges ASPHALT HEATER OPERATOR 7.27 ASPHALT RAKER 7.27 CARPENTER 9.23 CONCRETE FINISHER -PAVING 9.90 CONCRETE FINISHER STRUCTURES 8.81 ELECTRICIAN 13.72 FLAGGER 6.56 FORM BUILDER -STRUCTURES 9.00 FORM SETTER - PAVING & CURB 8.30 FORM SETTER -STRUCTURES 8.83 LABORER -COMMON 6.79 , I I - - - - -- - ------_/_-. ,-=--/____.___._.._.nATTATC1.4_.T'fl_'7cn'7FnlKAC)I_n1n1n Qi1'71)n0n WAIS Document Retrieval Page 2 of 4 LABORER UTILITY 8.46 MECHANIC 10.28 SERVICER 7.82 -= PIPE LAYER 8.70 ASPHALT DISTRIBUTOR OPERATOR 8.54 ASPHALT PAVING MACHINE 9.50 BROOM OR SWEEPER OPERATOR 7.17 BULLDOZER 8.74 SLIPFORM MACHINE OPERATOR 9.00 CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 9.67 FRONT END LOADER 8.09 MOTOR GRADER OPERATOR FINE GRADE 11.58 MOTOR GRADER 10.47 PLANER OPERATOR 10.46 ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS 7.32 K ROLLER, STEEL WHEEL OTHER, FLATWHEEL OR TAMPING 6.79 ROLLER, PNEUMATIC SELF-PROPELLED 6.79 SCRAPER 7.55 TRACTOR -CRAWLER TYPE 9.16 TRACTOR - PNEUMATIC 7.86 TRAVELING MIXER 8.46 REINFORCING STEEL SETTER PAVING 10.00 REINFORCING STEEL SETTER STRUCTURES 11.48 SPREADER BOX OPERATOR 7.33 WORK ZONE BARRICADE 6.79 TRUCK DRIVER -SINGLE AXLE LIGHT 6.91 TRUCK DRIVER -SINGLE AXLE HEAVY 8.20 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 7.13 TRUCK DRIVER-LOWBOY/FLOAT 8.87 WELDER 11.83 Unlisted classifications needed for work not includ(l within the scope of the classifications listed may be added after award only as provided in the labor standards contract claus WAIS Document Retrieval Page 3 of 4 (29 CFR 5.5 (a) (1) (ii)) . ------------------------------------------------------------ In the listing above, the "SU" designation means thct rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other des nations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including reques for summaries of surveys, should be with the Wage aid Hour Regional Office for the area in which the survey was conduct because those Regional Offices have responsibility fir the Davis -Bacon survey program. If the response from this initi contact is not satisfactory, then the process described in 2 and 3.) should be followed. With regard to any other matter not yet ripe for theformal process described here, initial contact should be with the B of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, th(m an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administra __ (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: WAIS Document Retrieval Page 4 of 4 Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statemern of the interested party's position and by any information (wage pay data, project description, area practice material, etc.) tha requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, a interested party may appeal directly to the Administrative R Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are fin END OF GENERAL DECISION I SPECIFICATIONS TECHNICAL SPECIFICATIONS INDEX CITY OF LUBBOCK [A CLAPP SWIMMING POOL ADA RENOVATIONS INCLUDING SITE IMPROVEMENTS 4500 AVENUE U, LUBBOCK, TEXAS '..' INDEX Section Number Section Title Pages Technical Specifications Index 1 DIVISION 1 GENERAL REQUIREMENTS Section 01011 Special Conditions 5 01050 Final Cleaning 1 01300 Submittals 5 01700 Contract Closeout 4 01740 Warranties 2 DIVISION 2 SITEWORK Section 02071 Selective Demolition 4 02514 Concrete Curbs, Walks And Paving 4 DIVISION 3 CONCRETE Section 03300 Concrete Work 13 DIVISION 4 MASONRY Section. 04200 Unit Masonry 4 DIVISION 5 METALS - Omitted yDIVISION 6 WOOD AND PLASTICS Section 06100 Rough Carpentry 3 DIVISION 7 THERMAL AND MOISTURE PROTECTION Section 07900 Caulking And Sealants 5 DIVISION I DOORS AND WINDOWS - Omitted _. DIVISION 9 FINISHES Section 09900 Painting 7 DIVISION 10 SPECIALTIES Section 10425 Specialty Signs 2 DIVISION 11 EQUIPMENT - Omitted DIVISION 12 FURNISHINGS - Omitted DIVISION 13 SPECIAL CONSTRUCTION Section 13130 Fabric Structures 2 13152 Swimming Pool Equipment 2 1J, DIVISION 14 CONVEYING SYSTEMS - Omitted DIVISION 15 MECHANICAL - Omitted DIVISION 16 ELECTRICAL - Omitted End of Index .. Index - 1 SECTION 01010 - SPECIAL CONDITIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The Project consists of ADA Renovations Including Site Improvements for Rodgers Swimming Pool. 1. Project Location: 4500 Avenue U, Lubbock, Texas 2. Owner: The City of Lubbock 3. Architect's Project Number: 04-011 B. Contract Documents were prepared for the Project by: 1. Stiles, Wallace & Associates 3307 Avenue X, Lubbock, Texas 79411 Voice (806) 795 - 6431 Fax (806) 797 - 1013 C. The Contractor shall supply all labor, materials, transportation, apparatus, light, energy, scaffolding and tools necessary for the entire proper and substantial completion of the work and shall install, maintain and remove all equipment of construction and other utensils or things and be responsible for the safe, proper and lawful construction maintenance and use of same, and shall construct in the best and most workmanlike manner these improvements and everything properly incidental thereto, as shown on Drawings, stated in Specifications or reasonably implied therefrom or in accordance with the Contract Documents. D. The Work will be constructed under a single prime contract. 1.3 WORK SEQUENCE AND TIME OF COMPLETION A. Adherence to the Work Sequence and Time of Completion shall be a strict condition of this Contract. B. Work on all areas of the project shall begin with a "Notice To Proceed" issued by The City of Lubbock. 1. The time of completion for the total project shall be 120 consecutive calendar days as set forth in the "Notice To Proceed". 2. A "Certificate of Substantial Completion" shall be issued at the completion of the project. 1.4 WORK BY THE OWNER AND WORK UNDER OTHER CONTRACTS A. Separate Contracts: The Owner may award separate contracts for performance of certain construction operations at the site. Those operations will be conducted simultaneously with work under this Contract. B. Cooperate fully with separate contractors so that work under those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. 1.5 CONTRACTOR USE OF PREMISES 01010 - 1 A. Use of the Site: Limit use of the premises to work in areas indicated. Confine operations to areas within contract limits indicated. Do not disturb (` portions of the site beyond the areas in which the Work is indicated. 1. Owner Occupancy: Allow for Owner occupancy of adjacent community buildings and park facilities. 2. Driveways and Entrances: Keep driveways and entrances serving the premises clear and available to the Owner, the Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on -site. B. Existing Facilities: Protect existing buildings, streets, pool, pool deck, etc. from damage throughout the construction period. Repair damage caused by construction operations. Take all precautions necessary to protect the existing facilities and its occupants during the construction period. 1.6 OCCUPANCY REQUIREMENTS A. Owner Occupancy Requirements: The Owner will occupy the adjacent community buildings and park areas during the entire construction period. Cooperate with the Owner during construction operations to minimize conflicts and facilitate owner usage. Perform the Work so as not to interfere with the Owner's operations. B. Swimming Pool Facility: The entire swimming pool facility and the park areas immediately adjacent to the pool will be made available to the Contractor in an unoccupied condition. 1.7 EXAMINATION OF SITE A. Bidders are required to visit the site and each space within the building and compare the drawings and specifications with existing conditions, and inform themselves of all conditions which will affect this work. Failure of the successful bidder to do so will in no way relieve the bidder from the necessity of furnishing any materials, labor, or equipment, or performing any work that may be required to complete work in accordance with drawings and specifications, without additional cost to the Owner. 1.8 FIELD SUPERINTENDENT A. Laying Out Work: A competent superintendent initially approved by the Architect, shall be kept by the Contractor at the construction site at all times and in continuous superintendence during the progress of the work, to receive instructions and to act for the Contractor in the accurate laying out and direction of all work. 1.9 NOTIFICATIONS A. The Contractor shall give the Architect verbal notification at least 48 hours prior to commencing any of the following: 1. Concrete Pour 2. Masonry Work 3. Painting -' 4. Testing Various Utility Lines 1.10 CONSTRUCTION FENCES ' A. The Contractor shall construct and maintain protective temporary fences around areas of new construction and the existing swimming pool as required. At no time shall the pool bowl be open or accessible to the public. B. Temporary fences shall be constructed of standard gauge chain link mesh. Fences shall be 6'-0" high, with steel or aluminum posts spaced as necessary 01010 - 2 to maintain fences in good repair. C. Upon completion of the project, the storage and access areas shall be restored to pre -construction condition. Grassed areas shall be fine graded to remove any evidence of vehicular traffic. Damaged irrigation components shall be restored to pre -construction conditions. (' 1.11 PROTECTION AND ACCESS A. The Contractor shall adequately protect the property and adjacent property at all times, and shall make good at his own expense any damage to such property arising out of any operation connected with his contract. B. The Contractor shall at all times protect the excavations, trenches, and/or the building from damage from rain water, spring water, ground water, backing up of drains or sewers, and all other water. He shall provide pumps and equipment and enclosures to provide this protection. C. The Contractor shall at all times provide protection against weather - rain, wind, storms, frost, or heat so as to maintain all work, materials, apparatus and fixtures from injury or damage. At the end of the day's work all new or old work likely to be damaged shall be protected. 1.12 SITE WORK A. The Contractor shall not commence work on concrete sidewalks, entrance slabs, wearing surface at drives, service roads and parking areas until work requiring heavy trucks or equipment is completed. 1.13 REPAIR OF DAMAGE A. The Contractor stall be responsible for any loss or damage caused by him, his workmen, or his subcontractors to the work or materials, to tools, and equipment of one another, to adjacent property and persons, and shall make good any loss, damage or injury without cost to the Owner. 1.14 EXISTING UNDERGROUND UTILITIES A. Existing underground lines may occur in the site where the work is to be done. Such lines will be staked by the Contractor prior to start of the work. 1.15 COORDINATION A. All contractors and subcontractors on the project shall coordinate their work with each other, advising on work schedules, equipment locations, etc. B. Mechanical and Electrical subcontractors shall coordinate routes of piping, ductwork, etc., with each other prior to start of installation. 1.16 PERMITS AND LAWS A. The Contractor shall comply with all Federal, State and Municipal Laws, Codes and Ordinances applicable to the work of this contract, and he shall also comply with all regulations of the National Board of Fire Underwriters having jurisdiction, and he shall obtain and pay for all permits required in connection with the execution of his work. The Architect shall be furnished with certified copies of these permits if requested. B. If the above Laws, Codes or Ordinances conflict with the Contract Documents, then the laws, codes or ordinances shall govern instead of the documents, .except in such cases where the documents exceed them in quality of materials, or labor; then the documents shall be followed. 1.17 PROJECT MEETINGS i 01010 - 3 A. Preconstruction Conference: Prior to the Contractor beginning work at the site, the Architect will hold a preconstruction conference at a time and place to be established by the Architect. B. Project Briefings: Each month, the Contractor shall brief the Owner and Architect on project progress during the preceding period. Any slippage in schedule shall be discussed during the briefings. 1. Briefings shall be held at a time and place established by the Architect. 1.18 TEMPORARY UTILITIES AND FACILITIES A. The Contractor will be allowed to use existing power and water available at the site for construction purposes without charge. The Contractor shall verify the location of such services and make all necessary payments, L arrangements and connections for temporary utilities. B. The Contractor shall provide adequate temporary lighting as needed in the building for all trades. C. Job Office: Contractor shall maintain a job office and storage facilities as may be necessary for the proper execution of the work. .; D. Telephone: Contractor shall be responsible for his own telephone. The Contractor shall provide and pay for a telephone at the building site in order to expedite his work. Local telephone service shall be made available to all persons connected with the work. Use of Owner's telephone is prohibited. E. Toilets: The Contractor shall provide and maintain in good order temporary toilets on the site. Toilet shall be an approved chemical type. Toilets shall be completely enclosed and of neat appearance. Toilet locations shall be .. approved by the Architect. Use of Owner's toilets is prohibited. F. Temporary Heat and Ventilation: Provide temporary heat and ventilation as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the installation of materials, and to protect materials and finishes from damage due to temperature or humidity. .; G. Cover trenches and holes when not in use. Erect barriers at changes in plane steeper than 45 degrees and more than 3 feet in height. H. Provide facilities to exclude unauthorized visitors from the construction site. Provide personal safety equipment for authorized visitors. Provide temporary doors with locks where required. I. Provide and maintain warning lights and signs as necessary to prevent damage } or injury. Keep warning lights burring from dusk to dawn. 1.19 TEMPORARY CONTROL OF WEEDS AND OTHER MATERIALS A. Weed Control: The Contractor shall keep the streets and construction area free of weeds. weeds shall be kept to a height of no more than 12 inches to comply with the City Ordinances. 1.20 DISPOSAL OF WASTE MATERIALS A. The Contractor shall remove all combustible and nor. -combustible waste materials completely from the Owner's property and legally dispose of same. B. Burning of any materials will not be permitted within the boundaries of the Owner's property. 1.21 DAILY SITE CLEANUP 01010 - 4 r A. The Contractor shall, on a daily basis, have all loose, discarded, material debris and packaging materials picked up and placed in a proper trash receptacle for removal from the site. B. The interior space shall have all construction debris picked up and held in designated area so as not to interfere with daily work progress. 1.22 FIRE PROTECTION DURING CONSTRUCTION A. The Contractor, subcontractors, and their personnel are required to be in compliance with the fire protection and prevention requirements of the Occupational Safety and health Act for Construction. Fire extinguishers shall be available at all times while work is being performed. The number and type are to be as specified in Subpart F of OSHA. The Contractor is required to furnish his own extinguishers. B. Waste combustible materials shall not be allowed to accumulate at the work site and shall be removed from the site and disposed on a regular basis. 1.23 PROJECT IDENTIFICATION REQUIREMENT A. Signs: No signs or advertisements will be permitted without approval of the Architect. 1.24 MATERIAL AND EQUIPMENT A. Storage And Protection: The Contractor shall carefully consider material storage, so as to avoid interference with other phases of construction. B. He shall so store, pile and arrange his materials that they will not be �..., injured by the elements, by the progress of erection, by contact with the ground or from any other cause. He shall provide and do all covering necessary ., for this purpose and shall remove from the premises any damaged materials when. so directed by the Architect. C. The Owner will designate an area immediately adjacent to the Building site for storage of materials. Storage area shall be fenced to keep unauthorized persons from having access to area. 1.25 STORM WATER DISCHARGE PERMIT A. A NPDES (National Pollution Discharge Elimination System) Permit for storm water discharges from the construction site must be furnished if applicable. B. The General Contractor is responsible for complying with all EPA regulations as published in the Wednesday, September 9, 1992 Federal Register, Volume 57, Number 175. C. The General Contractor is responsible for providing all of the services and paying all of the fees required to obtain the NPDES Permit, including the certification that a storm water pollution prevention plan has been prepared for this project. D. The General Contractor is responsible for implementing the services and work required by the Permit during the duration of the project. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION END OF SECTION 01010 01010 - 5 SECTION 01050 - FINAL CLEANING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 DESCRIPTION OF WORK A. The Contractor shall use experienced workmen or professional cleaners for final cleaning. B. Upon completion of all work, and just before request for final inspection, the Contractor shall have all construction areas or spaces cleaned and in such condition that the Owner will have no further cleaning requirements. C. Special cleaning for specific units of workis specified in sections of Division 2 through Division 16. Comply with manufacturer's instructions for cleaning operations. D. The following are examples, but not limitations of cleaning levels required: 1. Remove labels which are not required as permanent labels. 2. Clean concrete walks broom clean. 3. Clean new concrete gutters and all adjacent parking spaces broom clean. 1.3 SITE (YP.RDS AND GROUNDS) CLEANING: A. Sweep and remove stains from exterior walks, porches and paved areas. Also remove temporary tape, wrappings, coatings, labels, grease, dust, dirt, stains, fingerprints, and other foreign materials from exterior items and surfaces caused by new construction operations. B. Clean project site (lawns and grounds), including landscape development areas, of all debris and foreign substances. Rake grounds which are neither planted nor paved, to a smooth, even -textured surface. Remove excess fill and fine grade around all new site utility construction. Repair all areas damaged by vehicle traffic or other construction operations. 1.4 RUBBISH A. All debris, surplus material, and other items specified or indicated for removal and not claimed by the Owner as salvaged materials shall become property of the Contractor and shall be removed from the site and disposed of in a lawful manner. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01050 01050 - 1 SECTION 01300 - SUBMITTALS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for submittals required for performance of the Work, including the following: 1. Shop Drawings. 2. Product Data. 3. Samples. 4. Quality assurance submittals. B. Administrative Submittals: Refer to other Division 1 Sections and other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to, the following: 1. Permits. 2. Applications for Payment. 3. Performance and payment bonds. 4. Insurance certificates. 5. List of subcontractors. C. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Contract Closeout" specifies requirements for submittal of Project Record Documents and warranties at project closeout. 1.3 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination. a. The Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until all related submittals are received. 3. Processing: To avoid the need to delay installation as a result of the ~' time required to process submittals, allow sufficient time for submittal review, including time for resubmittals. a. Where possible, all submittals shall be hand carried to the ` Architect. b. Allow 14 days for reprocessing each submittal. C. No extension of Contract Time will be authorized because of failure to transmit submittals to the Architect sufficiently in advance of the Work to permit processing. .., 01300 - 1 A. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information, such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing -in diagrams and templates, standard wiring diagrams, and performance curves. 1. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products that are not required, mark copies to indicate the applicable information. Include the following information: a. Manufacturer's printed recommendations. b. Compliance with trade association standards. C. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notation of dimensions verified by field measurement. `^s f. Notation of coordination requirements. 2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. 3. Preliminary Submittal: Submit a preliminary single copy of Product Data where selection of options is required. 4. Submittals: Submit 2 copies of each required submittal; submit 4 copies where required for maintenance manuals. The Architect will retain one and will return the other marked with action taken and corrections or modifications required. ^ a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. 5. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. Show distribution on transmittal forms. a. Do not proceed with installation until a copy of Product Data is in the Installer's possession. b. Do not permit use of unmarked copies of Product Data in connection with construction. 1.6 SAMPLES A. Submit full-size, fully fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. 1. Mount or display Samples in the manner to facilitate review of qualities indicated. Prepare Samples to match the Architect's sample. Include the following: a. Specification Section number and reference. b. Generic description of the Sample. C. Sample source. d. Product name or name of the manufacturer. e. Compliance with recognized standards. f. Availability and delivery time. 2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final check of these characteristics with other elements and a comparison of these characteristics between the final submittalandthe actual component as delivered and installed. a. Where variation in color, pattern, texture, or other characteristic is inherent in the material or product represented, submit at least nip -inn - s 3 multiple units that show approximate limits of the variations. b. Refer to other Specification Sections for requirements for Samples that illustrate workmanship, fabrication techniques, details of assembly, connections, operation, and similar construction _ characteristics. C. Refer to other Sections for Samples to be returned to the Contractor for incorporation in the Work. Such Samples must be undamaged at time of use. On the transmittal, indicate special .: requests regarding disposition of Sample submittals. d. Samples not incorporated into the Work, or otherwise designated as the Owner's property, are the property of the Contractor and shall be removed from the site to Substantial Completion. prior 3. Preliminary Submittals: Submit a full set of choices where Samples are { submitted for selection of color, pattern, texture, or similar characteristics from a range of standard choices. a. The Architect will review and return preliminary submittals with the Architect's notation, indicating selection and other action. ri 4. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication techniques, connections, operation, and similar characteristics, submit 3 sets. The Architect will return one set marked with the action taken. 5. Maintain sets of Samples, as returned, at the Project Site, for quality comparisons throughout the course of construction. - a. Unless noncompliance with Contract Document provisions is observed, - the submittal may serve as the final submittal. b. Sample sets may be used to obtain final acceptance of the construction associated with each set. B. Distribution of Samples: Prepare and distribute additional sets to subcontractors, manufacturers, fabricators, suppliers, installers, and others as required for performance of the Work. Show distribution on transmittal forms. 1. Field samples are full-size examples erected on -site to illustrate finishes, coatings, or finish materials and to establish the Project standard. a. Comply with submittal requirements to the fullest extent possible. Process transmittal forms to provide a record of activity. 1.7 QUALITY ASSURANCE SUBMITTALS A. Submit quality -control submittals, including design data, certifications, manufacturer's instructions, manufacturer's field reports, and other quality - control submittals as required under other Sections of the Specifications. B. Certifications: Where other Sections of the Specifications require certification that a product, material, or installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements. 1. Signature: Certification shall be signed by an officer of the manufacturer or other individual authorized to sign documents on behalf of the company. C. Inspection and Test Reports: Requirements for submittal of inspection and test reports from independent testing agencies are specified in Division 1 Section. "Quality Control." 1.8 ARCHITECT'S ACTION 01300 - 4 -; A. Except for submittals for the record or information, where action and return is required, the Architect will review each submittal, mark to indicate action taken, and return promptly. 1. Compliance with specified characteristics is the Contractor's responsibility. B. Action Stamp: The Architect will stamp each submittal with a uniform, action stamp. The Architect will mark the stamp appropriately to indicate the action to be taken. C. Unsolicited Submittals: The Architect will return unsolicited submittals to the sender without action. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01300 01300 - 5 V, SECTION 01700 - CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout including, but not limited to, the following: 1. Inspection procedures. 2. Project record document submittal. 3. Operation and maintenance manual submittal. 4. Submittal of warranties. 5. Final cleaning. B. Closeout requirements for specific construction activities are included in the appropriate Sections in Divisions 2 through 16. 1.3 SUBSTANTIAL COMPLETION LJ A. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. ?? 1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. a. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. b. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete. 2. Advise the Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents. 4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Submit record drawings, maintenance manuals, final project photographs, damage or settlement surveys, property surveys, and similar final record information. 6. Deliver tools, spare parts, extra stock, and similar items. 7. Make final changeover of permanent locks and transmit keys to the Owner. Advise the Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems and instruction of the Owner's operation and maintenance personnel. Discontinue and remove temporary facilities from the site, along with mockups, construction tools, and similar elements. 9. Complete final cleanup requirements, including touchup painting. 10. Touch up and otherwise repair and restore marred, exposed finishes. B. Inspection Procedures: On receipt of a request for inspection, the Architect will either proceed with inspection or advise the Contractor of unfilled requirements. The Architect will prepare the Certificate of Substantial 01700 - 1 r. C. Record Specifications: Maintain one complete copy of the Project Manual, including addenda. Include with the Project Manual one copy of other written construction documents, such as Change Orders and modifications issued in . printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2. Give particular attention to substitutions and selection of options and information on concealed construction that cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and Product Data. 4. Upon completion of the Work, submit record Specifications to the Architect for the Owner's records. D. Record Product Data: Maintain one copy of each Product Data submittal. Note related Change Orders and markup of record drawings and Specifications. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the site and from the manufacturer's installation instructions and recommendations. 2. Give particular attention to concealed products and portions of the Work that cannot otherwise be readily discerned later by direct observation. 3. Upon completion of markup, submit complete set of record Product Data to the Architect for the Owner's records. E. Record Sample Submitted: Immediately prior to Substantial Completion, the Contractor shall meet with the Architect and the Owner's personnel at the Project Site to determine which Samples are to be transmitted to the Owner for record purposes. Comply with the Owner's instructions regarding delivery to the Owner's Sample storage area. F. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of the Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order. Identify miscellaneous records properly and bind or file, ready for continued use and reference. Submit to the Architect for the Owner's records. G. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable size. Bind properly indexed data in individual, heavy- duty, 2-inch (51-mm), 3=ring, vinyl -covered binders, with pocket folders for folded sheet information. Mark appropriate identification on front and spine of each binder. Include the following types of information: 1. Emergency instructions. 2. Spare parts list. 3. Copies of warranties. 4. Wiring diagrams. 5. Recommended "turn -around" cycles. 6. Inspection procedures. 7. Shop Drawings and Product Data. 8. Fixture lamping schedule. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 CLOSEOUT PROCEDURES A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner's personnel t.. 01700 - 3 Y to provide instruction in proper operation and maintenance. Provide instruction by manufacturer's representatives if installers are not experienced in operation and maintenance procedures. Include a detailed review of the following items: 1. Maintenance manuals. 2. Record documents. 3. Spare parts and materials. 4. Tools. 5. Lubricants. 6. Fuels. 7. identification systems. 8. Control sequences. 9. Hazards. 10. Cleaning. 11. Warranties and bonds. 12. Maintenance agreements and similar continuing commitments. B. As part of instruction for operating equipment, demonstrate the procedures: following 1. Startup. 2. Shutdown. 3. Emergency operations. 4. Noise and vibration adjustments. 5. Safety procedures. 6. Economy and efficiency adjustments. 7. Effective energy utilization. END OF SECTION 01700 01700 - 4 SECTION 01740 - WARRANTIES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for warranties required by the Contract Documents, including manufacturers standard warranties on products and special warranties. 1. Refer to the General Conditions of the Agreement "Correction. of Work" for terms of the Contractor's period for correction of the Work. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Contract Closeout" specifies contract closeout procedures. 2. Divisions 2 through 16 Sections for specific requirements for warranties on products and installations specified to be warranted. 3. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents. C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the Work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. D. Separate Prime Contracts: Each prime contractor is responsible for warranties related to its own contract. 1.3 DEFINITIONS A. Standard product warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Owner. B. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for the Owner. 1.4 WARRANTY REQUIREMENTS A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with { requirements of the Contract Documents. The Contractor is responsible for the 01740 - 1 cost of replacing or rebuilding defective Work regardless of whether the Owner has benefitted from use of the Work through a portion of its anticipated useful service life. D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights, or remedies. 1. Rejection of Warranties: The Owner reserves the right to reject warranties and to limit selection to products with warranties not in conflict with requirements of the Contract Documents. E. Where the Contract Documents require a special warranty, or similar commitment on the Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so. 1.5 SUBMITTALS A. Submit written warranties to the Architect prior to the date certified for Substantial Completion. If the Architect's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the Architect. 1. When a designated portion of the Work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Architect within 15 days of completion of that designated portion of the Work. B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor, supplier or manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through the Architect, for approval prior to final execution. 1. Refer to Divisions 2 through 16 Sections for specific content requirements and particular requirements for submitting special warranties. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 LIST OF WARRANTIES A. Schedule: Provide warranties on products and installations as specified in the following Sections: 1. Refer to Divisions 2 through 16 Sections for specific requirements for warranties on products and installations specified to be warranted. END OF SECTION 01740 01740 - 2 F SECTION 02071 - SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General ., Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 SUMMARY A. The extent of Selective Demolition is indicated on the Drawings. B. This Section includes demolition and removal of the following: 1. Portions of existing buildings exterior wall, concrete counter tops and modular face brick wing wall. 2. Portions of existing exterior concrete walks, existing concrete curb cuts, existing concrete curb and gutter and existing pole mounted handicap parking signs. C. Items to be salvaged or removed and reinstalled include the following: 1. Existing tubular steel door. 2. Concrete wheel stop. D. Related Sections: The following Sections may contain requirements that relate r to this Section: 1 1. Division 15 "Mechanical & Plumbing". L- 2. Division 16 "Electrical". 1.3 DEFINITIONS A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's property. B. Remove and Salvage: Items indicated to be removed and salvaged remain the Owner's property. Remove items indicated and protect against damage. Deliver salvaged items to Owner's designated storage area located on the site. C. Remove and Reinstall: Remove items indicated; clean, service, and otherwise prepare them for reuse; store and protect against damage. Reinstall items in the same locations or in locations indicated. D. Existing to Remain: Protect construction indicated to remain against damage and during selective demolition. When permitted by the Architect, items may be removed to a suitable, protected storage location during selective demolition and then cleaned and reinstalled in their original locations. 1.4 MATERIALS OWNERSHIP A. Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain the Owner's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option. B. Items indicated to remain the Owner's property. Carefully remove and salvage each item in a manner to prevent damage and deliver promptly to the Owner. 1.5 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the 02071 - 1 Contract and Division 1 Specification Sections, for information only, unless otherwise indicated. B. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by selective demolition operations. 1.6 QUALITY ASSURANCE A. Demolition Firm Qualifications: Engage an experienced firm that has successfully completed selective demolition Work similar to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations before starting selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. 1.7 PROJECT CONDITIONS A. Owner will occupy portions of the building immediately adjacent to selective demolition area. Conduct selective demolition so that Owner's operations will not be disrupted. Provide not less than 72 hours' notice to Owner of activities that will affect Owner's operations. B. Owner assumes no responsibility for actual condition of buildings to be selectively demolished. 1. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. C. Asbestos: It is not expected that asbestos will be encountered in the Work. If any materials suspected of containing asbestos are encountered, do not disturb the materials. Immediately notify the Architect and the Owner. 1. Asbestos will be removed by Owner before start of Work. D. Storage or sale of removed items or materials on -site will not be permitted. 1.8 SCHEDULING A. Arrange selective demolition schedule so as not to interfere with Owner's on - site operations. PART 2 - PRODUCTS 2.1 REPAIR MATERIALS A. Use repair materials identical to existing materials. 1. Where identical materials are unavailable or cannot be used for exposed surfaces, use materials that visually match existing adjacent surfaces to the fullest extent possible. 2. Use materials whose installed performance equals or surpasses that of existing materials. PART 3 - EXECUTION 3.1 EXAMINATION A. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. B. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. 02071 - 2 C. When unanticipated mechanical, electrical, or structural elements that conflict with the intended function or design are encountered, investigate and measure the nature and extent of the conflict. Promptly submit a written report to the Architect. D. Survey the condition of the building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of the structure or adjacent structures during selective demolition. 3.2 UTILITY SERVICES A. Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to Owner and to governing authorities. a. Provide not less than 72 hours' notice to Owner if shutdown of service is required during changeover. B. Utility Requirements: Refer to Division 15 and 16 Sections for shutting off, disconnecting, removing, and sealing or capping utility services. Do not y start selective demolition work until utility disconnecting and sealing have been completed and verified in writing. 3.3 PREPARATION A. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. B. Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people around selective demolition area. 1. Provide temporary weather protection, during interval between demolition and removal of existing construction, on exterior surfaces and new construction to ensure that no water leakage or damage occurs to structure or interior areas. 2. Protect walls, ceilings, floors, and other existing finish work that are to remain and are exposed during selective demolition operations. 3. Cover and protect furniture, furnishings, and equipment that have not been removed. 4. Protect air -handling equipment. C. Provide and maintain interior and exterior shoring, bracing, or structural support to preserve stability and prevent movement, settlement, or collapse of building to be selectively demolished. 1. Strengthen or add new supports when required during progress of selective demolition. D. Clean adjacent structures and improvements of dust, dirt, and debris caused 3 by selective demolition operations. Return adjacent areas to condition existing before start of selective demolition. 3.4 SELECTIVE DEMOLITION A. Demolish and remove existing construction only to the extent required by new - 02071 - 3 construction and as indicated. Use methods required to complete 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. To minimize disturbance of adjacent surfaces, use hand or small power tools designed for sawing or grinding, not hammering and chopping. 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. Dispose of demolished items and materials promptly. On -site storage or sale of removed items is prohibited. 4. Return elements of construction and surfaces to remain to condition existing before start of selective demolition operations. 3.5 PATCHING AND REPAIRS A. Promptly patch and repair holes and damaged surfaces caused to adjacent construction by selective demolition operations. B. Patching is specified in Division 1 Section "Cutting and Patching." C. Where repairs to existing surfaces are required, patch to produce surfaces suitable for new materials. 1. Completely fill holes and depressions in existing masonry walls to remain with an approved masonry patching material, applied according to manufacturer's printed recommendations. D. Restore exposed finishes of patched areas and extend finish restoration into adjoining construction to remain in a manner that eliminates evidence of patching and refinishing. E. Patch and repair floor and wall surfaces in the new space where demolished walls or partitions extend one finished area into another. Provide a flush and even surface of uniform color and appearance. 1. Closely match texture and finish of existing adjacent surface. 2. Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 3. Where patching smooth painted surfaces, extend final paint coat over entire unbroken surface containing the patch after the surface has received primer and second coat. 4. Inspect and test patched areas to demonstrate integrity of the installation, where feasible. F. Patch, repair, or rehang existing ceilings as necessary to provide an even - plane surface of uniform appearance. 3.6 DISPOSAL OF DEMOLISHED MATERIALS A. General: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on -site. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. END OF SECTION 02071 02071 - 4 t: SECTION 02514 - CONCRETE CURBS AND WALKS PART 1 - GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 specification sections, apply to work of this section. 1.2 DESCRIPTION OF WORK: A. The extent of concrete curbs and walks is shown on the Drawings. B. Comply with applicable requirements of Section 03300, Concrete Work, for materials, testing, mixing, placing and curing, except as herein specified otherwise. 1.3 JOB CONDITIONS: A. Grade Control: Establish and maintain the required lines and grades. PART 2 - PRODUCTS 2.1 MATERIALS: A. Forms: 1. Either steel or wood, of size and strength to resist movement during concrete placement and to retain horizontal and vertical alignment until removal. Use forms that are straight and free of distortion and defects. Bent, twisted, split or defective form materials are not permitted. 2. Use flexible spring steel forms or laminated boards to form radius bends as required. 3. Coat forms with a non -staining, clear, paraffin base form oil that will not discolor or otherwise deface the surface of the concrete. B. Concrete: Comply with applicable requirement of Section 03300, Concrete Work, for concrete materials. Concrete mix shall not be the same as used for building slabs and foundations. Exterior concrete shall attain a minimum compressive strength of 3000 psi at 28 days and shall contain five (5) sacks (470 lbs.) of cement per cubic yard of concrete, 6 percent plus or minus 1 percent of entrained air, coarse aggregate 1" or smaller and shall be poured with a slump of 3" plus or minus 1". C. Fibrous Concrete Reinforcement: 1. General: 100 percent virgin polypropylene fibrillated fibers specially manufactured for use as concrete reinforcement, containing no reprocessed olefin materials. Fibrous concrete reinforcement shall be as manufactured by Fibermesh Company, 4019 Industry Drive, Chattanooga, TN 37416, or approved equal. Use in all exterior concrete not otherwise detailed. 2. Physical Characteristics: a. Specific Gravity: 0.91 b. Tensile Strength: 70 to 110 ksi C. Fiber lengths: 1/2", 3/4", 1 1/211, 2" per manufacturer. D. Expansion Joints: Premolded cane fiber saturated with asphalt. Unless indicated otherwise, 1/2" thickness by depth of slab. At curbs and gutters, Ifurnish special section to meet local curb and gutter specifications. 02514 - 1 PART 3 - EXECUTION 3.1 SURFACE PREPARATION: A. Remove all loose material from the uniformly compacted subbase surface immediately before placing concrete. 3.2 FORM CONSTRUCTION: A. Set forms to the required grades and lines, rigidly braced and secured. Install sufficient lengths of forms to allow continuous progress of the work and so that forms can remain in place at least 24 hours after concrete placement. Tops of walks and paving shall slope at least 1/8" per foot. B. Check completed formwork for grade and alignment to the following tolerances: 1. Top of form units: Not more than 1/8" in 10 feet. 2. Vertical face: Longitudinal axis, not more than 1/4" in 10 feet. C. Clean forms after each use, and coat with form oil as often as required to ensure separation from concrete without damage. 3.3 CONCRETE PLACEMENT: A. General: 1. Comply with the requirements of Section 03300, Concrete Work, for mixing and placing concrete, and as herein specified. 2. Add fibrous concrete reinforcement to concrete materials at the time concrete is batched in amounts in accordance with approved submittals for this type of concrete. Mix batched concrete in strict accordance with the fibrous concrete reinforcement manufacturer's instructions and recommendations for uniform and complete dispersion. 3. Do not place concrete until subgrade and forms have been checked for line and grade. Moisten subgrade as required to provide a uniform dampened condition at the time concrete is placed. Do not place concrete around manholes or other structures until they have been brought to the required grade and alignment. 4. Place concrete using methods which prevent segregation of the mix, and with as little rehandling as possible. Consolidate concrete along the face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies or side forms. Use only square -faced shovels for hand -spreading and consolidation. Consolidate with care to prevent dislocation of reinforcing, dowels, and joint devices. Do not over vibrate. 5. Deposit and spread concrete in a continuous operation between transverse joints, as far as possible. If interrupted for more than 1/2 hour, place a construction joint. Sections less than 15 feet in length between transverse joints will not be permitted. Remove such sections if directed by the Architect. B. Curbs and Gutters: Automatic machine may be used for curbs and gutter placement at Contractor's option, if acceptable to the Architect. If machine placement is to be used, submit revised mix design and laboratory test results which meet or exceed the minimums herein specified. Machine placement must produce curbs and gutters to the required cross-section, lines, grades, finish and jointing as specified for formed concrete. If results are not acceptable, remove and replace with formed concrete as specified. 3.4 JOINTS: A. General: Construct expansion, weakened -plane (contraction), and construction joints true -to -line with face perpendicular to surface of the concrete, i unless otherwise shown. Construct transverse joints to align with previously placed joints, unless otherwise shown. 02514 - 2 1 1 B. Weakened -Plane (Contraction) Joints: Provide weakened -plane (contraction) joints, sectioning concrete into areas as shown on the Drawings. Construct weakened -plane joints for a depth equal to at least 1/4 concrete thickness as follows: C. Tooled Joints: Form weakened -plane joints in fresh concrete by grooving top portion with a recommended cutting tool and finishing edges with a jointer. D. Construction Joints: Place construction joints at the end of all pours and at locations where placement operations are stopped for a period of more than 1/2 hour, except where such pour terminates at expansion joints. 1. Construct joints as shown, or if not shown, use standard metal keyway section forms. E. Expansion Joints: Provide premolded joint filler for expansion joints abutting concrete curbs, catch basins, manholes, inlets, structures, walks and other fixed objects. 1. Expansion joints shall be at 20 feet o.c., unless otherwise shown. 2. Extend joint fillers full -width and depth of joint, and not less than 1/2" or more than 1" below finished surface. Furnish joint fillers in one-piece lengths for the full width being placed, wherever possible. Where more than one length is required, lace or clip joint filler sections together. Form top edge of filler to conform to top profile of concrete. 3. Protect the top edge of the joint filler during concrete placement with a metal cap or other temporary material. Remove protection after both sides of joint are placed. 3.5 CONCRETE FINISHING: A. Finishes: Unless indicated otherwise, items of concrete to be finished as follows: 1. All sidewalks, concrete aprons and porches shall have float finish, brushed as directed to provide nor --slip finish. 2. Curbs, gutters and driveway approaches shall be finished with a stiff -bristled broom to provide non -slip finish. Provide sample for approval. B. The following finishing procedures shall be observed: 1. After striking -off and consolidating concrete, smooth the surface by screeding and floating. Do not use "jitterbugs". Use hand methods only where mechanical floating is not possible. Adjust the floating to compact the surface and produce a uniform mixture. 2. After floating, test surface for trueness with a 10 foot straightedge. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous, smooth finish. 3. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round to 1/2" radius, unless otherwise shown. Eliminate any tool marks on concrete surface. 4. After completion of floating and when excess moisture or surface sheen has disappeared complete surface finishing as follows: a. Broom Finish: Broom finish, by drawing a fine broom across concrete surface, perpendicular to line of traffic. Repeat operation if required to provide a fine line texture acceptable to the Architect. b. On inclining slab surfaces, provide a coarse, non -slip finish by scoring surface with a stiff -bristled broom. 02514 - 3 SECTION 03300 - CONCRETE WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division 1 specification sections, apply to work of this section. 1.2 DESCRIPTION OF WORK: A. The extent of concrete work is shown on the Drawings. 1.3 RELATED WORK SPECIFIED ELSEWHERE: A. Concrete Curbs, Walks and Paving - Section 02514 1.4 QUALITY ASSURANCE: A. Codes and Standards: Comply with the provisions of the following codes, specifications and standards, except where more stringent requirements are shown or specified: 1. ACI 301 "Specifications for Structural Concrete for Buildings". 2. ACI 304 "Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete". 3. ACI 311 "Recommended Practice for Concrete Inspection". 4. ACI 318 'Building Code Requirements for Reinforced Concrete". 5. ACI 347 "Recommended Practice for Concrete Formwork". 6. MSP-1-97 Concrete Reinforcing Steel Institute, "Manual of Standard Practice". B. Workmanship: The Contractor is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances and finishes. Correct deficient concrete as directed by the Architect. C. Design and Testing: 1. The Contractor shall bear all expenses in connection with securing proper laboratory designed mixes. Mixes proposed for use in this project shall be tested by means of actual cylinder breaks, with all information being reported to the Architect. A proven, established, mix from an acceptable ready -mix plant may be used. Provide a minimum of 5 recent different compression test reports for the proposed mix. 2. All expense for taking and testing concrete cylinders shall be borne by the Contractor. 3. Job site cylinders shall be taken when the Architect so directs. The Contractor shall notify the testing laboratory when test cylinders are to be taken. The laboratory shall come to the site and take the concrete cylinders, and be responsible for their care and handling including breaking of same at laboratory. 4. The laboratory shall be provided by the Contractor. 5. Test results shall be furnished to the Architect,and the Contractor. 6. Any concrete not meeting strength requirements shall be further tested. If further tests indicate concrete will ultimately never meet strength requirements, the understrength concrete will be replaced with new as directed by Architect. 03300 - 1 1.5 SUBMITTALS: A. Shop Drawings: Submit shop drawings for fabrication, bending, and placement of concrete reinforcement. Comply with the ACI 315 "Manual of Standard Practice for Detailing Reinforced Concrete Structures" showing bar schedules, stirrup spacing, diagrams of bent bars, arrangement of concrete reinforcement. Include special reinforcement required at openings through concrete structures. PART 2 - PRODUCTS 2.1 FORM MATERIALS: A. Forms for Exposed Finish Concrete: Unless otherwise shown or specified, construct all formwork for exposed concrete surfaces with plywood, metal, metalframed plywood -faced or other acceptable panel -type materials, to provide continuous, straight, smooth, exposed surfaces. Furnish in largest practicable sizes to minimize number of joints and to conform to joint system shown on the Drawings. Provide form material with sufficient thickness to withstand pressure of newly -placed concrete without bow or deflection. Forms used for this class of concrete shall be new or "good -as -new". B. Use plywood complying with U.S. Product Standard PS-1 "B-B (Concrete Form) Plywood" Class I, Exterior Grade or better, mill -oiled and edgesealed, with each piece bearing legible trademark of an approved inspection agency, unless otherwise acceptable to Architect. C. Forms for Unexposed Finish Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. 2.2 REINFORCING MATERIALS: A. Reinforcing Bars: ASTM A 615, Grade 60, except No. 3 bent ties and stirrups may be Grade 40. B. Supports for Reinforcement: 1. Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars in place. Use wire bar type supports complying with CRSI, unless otherwise specified. Wood, brick and other devices will not be acceptable. 2. For.slabs-on-grade, use supports with sand plates for horizontal runners where wetted base materials will not support chair legs. 2.3 CONCRETE MATERIALS: A. Portland Cement: 1. ASTM C 150, Type I, unless otherwise acceptable to Architect. 2. Use only one brand of cement throughout the project, unless otherwise acceptable to Architect. L B. Fine Aggregate: 1. ASTM C 33. Clean, sharp, natural sand free from loam, clay, lumps or other deleterious substances. 2. Dune sand, bank -run sand and manufactured sand are not acceptable. C. Coarse Aggregate: ASTM C 33. Clean, uncoated, processed aggregate containing no clay, mud, loam or foreign matter as follows: .v 1. Crushed stone, processed from natural rock or stone. 2. washed gravel, either natural or crushed. Use of pit or bank -run gravel t° is not permitted. 03300 - 2 3. Provide aggregate from a single source for all exposed concrete. 4. Maximum Aggregate Size: a. Not larger than one -fifth of the narrowest dimension between sides of forms, one-third of the depth of slabs, nor three -fourths of the minimum clear spacing between individual reinforcing bars or bundles or bars. b. These limitations may be waived if, in the judgment of the Architect, workability and methods of consolidation are such that concrete can be placed without honeycomb or voids. D. Water: Clean, fresh, drinkable. �- E. Air -Entraining Admixture: ASTM C 260. F. Water -Reducing Admixture: ASTM C 494, Type A, containing not more than 0.1% chloride ions. G. Set -Control Admixtures: ASTM C 494, as follows: 1. Type B, Retarding. 2. Type C, Accelerating. 3. Type D, Water -reducing and Retarding. 4. Type E, Water -reducing and Accelerating. i. H. Calcium chloride will not be permitted in concrete, unless otherwise authorized in writing by Architect. 2.4 RELATED MATERIALS: A. Preformed Expansion Joint Fillers: Premolded cane fiber saturated with asphalt. Unless indicated otherwise, 1/2" thickness by depth of slab. B. Vapor Barrier: Provide vapor barrier that is resistant to deterioration when tested according to ASTM E 154. Vapor barrier shall be Moistop as manufactured by Fortifiber Corporation or approved equal. C. Absorptive Cover: Burlap cloth made from jute or kenaf, weigh 4ng approximately 9 oz. per sq. yd., complying with AASHTO M 182, Class 2. D. Moisture -Retaining Cover: One of the following, complying with ASTM C 171. 1. Waterproof paper. 2. Polyethylene film. 3. Polyethylene -coated burlap. E. Membrane -Forming Curing Compound: ASTM C 309, Type I, Class A unless other type acceptable to the Architect. (For applications where the concrete slab is to be covered.) F. Concrete Sealer/Hardener: Equal to SealTite Dust -Gard as manufactured by W.R. Meadows, Inc. or Intraseal by Conpspec. The sealer/hardener shall harden and dustproof in one easy operation. (For applications where the concrete slab is to be exposed.) 2.5 PROPORTIONING AND DESIGN OF MIXES: A. Prepare design mixes for each type and strength of concrete in accordance with applicable provisions of ASTM C 94. Use an independent testing facility acceptable to the Architect for preparing and reporting proposed mix designs. The testing facility shall not be the same as used for field quality control testing unless otherwise acceptable to the Architect. B. Prepare design mixes by either laboratory trial batch or field experience methods, using materials to be employed on the project for each class of concrete required, complying with ACI 211.1, ACI 301, and ACI 318. 03300 - 3 1. Laboratory Trial Batches: When laboratory trial batches are used to select concrete proportions, prepare test specimens in accordance with ASTM C 192 and conduct strength tests in accordance with ASTM C 39, specified in ACI 301. Establish a curve showing relationship between water -cement ratio (or cement content) and compressive strength, with at least 3 points representing batches which produce strengths above and below that required. Use not less than 3 specimens tested at 2B days, or an earlier age when acceptable to the Architect, to establish each point on the curve. 2. Field Experience Method: When field experience methods are used to select concrete proportions, establish proportions as specified in ACI 301. Strength data for establishing standard deviation will be considered suitable if the concrete production facility has certified records consisting of at least 30 consecutive tests in one group or the statistical average for 2 groups totaling 30 or more tests, representing similar materials and project conditions. 3. If standard deviation exceeds 600 psi or if no suitable records are available, select proportions to produce an average strength of at least 1200 psi greater than the required compressive strength of concrete. 4. After sufficient experience and test data become available from the job, using ACI 214 methods of evaluation, the standard deviation may be reduced when the probable frequency of an average of 3 consecutive tests below required compressive strength will not exceed 1 in 100. C. Submit written reports to the Architect of each proposed mix for each class of concrete at least 15 days prior to start of work. Do not begin concrete �- production until mixes have been reviewed by the Architect. D. Design mixes to provide normal weight concrete with the following properties, as indicated on the Drawings and schedules: 1. 3000 psi 28-day compressive strength; W/C ratio, 0.5B maximum (non -air -entrained), 0.46 maximum (air -entrained). 2. See Section 02514 for additional requirements for concrete mix design for sitework concrete. E. Adjustment to Concrete Mixes: Mix design adjustments may be requested by the Contractor when characteristics of materials, job conditions, weather, tests results, or other circumstances warrant; at no additional cost to the Owner and as accepted by the Architect. Laboratory test data for revised mix design and strength results must be submitted to and accepted by the Architect before using in the work. 2.6 ADMIXTURES: A. Use water -reducing admixture or high range water -reducing admixture (super plasticizer) in concrete as required for placement and workability. B. Use non -chloride accelerating admixture in concrete slabs placed at ambient temperatures below 50 degrees F. C. Use air -entrained admixture in exterior exposed concrete, unless otherwise indicated. Add air -entraining, admixture at the manufacturer's prescribed rate to result in concrete at the point of placement having air content within the following limits: ' 1. 5.5€ with 1 1/2" maximum aggregate 2. 6.0% with 1" maximum aggregate 3. 6.0% with 3/4" maximum aggregate 4. 7.0% with 1/2" maximum aggregate D. Use admixtures for water -reducing and set -control in strict compliance with the manufacturer's directions. E. Use amounts of admixtures as recommended by the manufacturer for climatic conditions prevailing at the time of placing. Adjust quantities and types of --' 03300 - 4 admixtures as required to maintain quality control. 2.7 SLUMP LIMITS: A. Proportion and design mixes to result in concrete slump at the point of placement as follows: 1. Ramps and Sloping Surfaces: Not more than 4". 2. Reinforced Foundation Systems: Not less than 1" and not more than 4". 3. All Other Concrete: Not more than 4". 2.8 CONCRETE MIXING: A. Ready -Mix Concrete: Comply with the requirements of ANSI/ASTM C 94, and as herein specified. B. Control of Mixing Water: When concrete arrives at the project with slump below that suitable for placing, water may be added only if neither the maximum permissible water -cement ratio nor the maximum permissible slump is exceeded. The drum shall be turned an additional 30 revolutions, or more if necessary, until the added water is uniformly mixed into the concrete. C. During hot weather, or under conditions contributing to rapid setting of concrete, a shorter mixing time than specified in ANSI/ASTM C 94 may be required. D. When the air temperature is between 85 degrees F. and 90 degrees F., reduce the mixing and delivery time from 1 1/2 hours to 75 minutes, and when the air temperature is above 90 degrees F., reduce the mixing and delivery time to 60 minutes. PART 3 - EXECUTION 3.1 FORMS: A. Design, erect, support, brace and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design formwork to be readily removable without impact, shock or damage to cast -in -place concrete surfaces and adjacent materials. C. Forms shall not leak cement paste. D. Fabricate forms for easy removal without hammering or prying against the concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces where slope is too steep to place concrete with bottom forms only. Kerf wood inserts for forming keyways, reglets, recesses, and the like, to prevent swelling and for easy removal. E. Provide temporary openings where interior area of formwork is inaccessible for cleanout, for inspection before concrete placement, and for placement of concrete. Securely brace temporary openings and set tightly to form to prevent loss of concrete mortar. Locate temporary openings on forms at inconspicuous locations. F. Chamfer exposed corners and edges as shown, using wood, metal, PVC or rubber chamfer strips fabricated to produce uniform smooth lines and tight edge joints. G. Form Ties: Factory -fabricated, adjustable -length, removable or snapoff metal form ties, designated to prevent form deflection, and to prevent spalling concrete surfaces upon removal. 03300 - 5 H. Unless otherwise shown, provide ties so portion remaining within concrete after removal is at least 1 1/2" inside concrete. Unless otherwise shown, provide form ties which will not leave holes larger than 1" diameter in concrete surface. I. Provisions for Other Trades: Provide openings in concrete formwork to accommodate work for other trades. Determine size and location of openings, recesses and chases from trades providing such items. Accurately place and securely support items built into forms. J. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt or other debris just before concrete is placed. Retighten forms after concrete placement if required to eliminate mortar leaks. 3.2 VAPOR BARRIER INSTALLATION: A. General: Place vapor barrier sheeting if required in position with longest dimension parallel with direction of pour. Lap joints 6 inches and seal with manufacturer's recommended pressure -sensitive tape. Protect vapor barrier from puncture and repair any punctures with manufacturer's seam tape before pouring concrete slabs. 3.3 PLACING REINFORCING: A. Comply with the specified codes and standards, and Concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars", for details and methods of reinforcement placement and supports, and as herein specified. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete. - C. Accurately position, support and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers and hangers, as required. D. Place reinforcement to obtain at least the minimum coverages for concrete protection. Arrange, space and securely tie bars and bar supports to hold reinforcement in position during concrete placement operations. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. E. Do not place reinforcing bars more than 2" beyond the last leg of continuous s bar supports. Do not use supports as bases for runways for concrete conveying. equipment and similar construction loads. 3.4 JOINTS: A. Construction Joints: 1. Locate and install construction joints, which are not shown on the Drawings, so as not to impair the strength and appearance of the structure, as acceptable to the Architect. 2. Provide keyways at least 1 1/2" deep in all construction joints in walls, slabs and between walls and footings; acceptable bulkheads designed for this purpose may be used for slabs. 3. Place construction joints perpendicular to the main reinforcement. Continue all reinforcement across construction joints. B. Control Joints in Slabs -on -Ground: 1. Construct control joints in slabs -on -ground to form panels or patterns as shown or directed. Form edge of pours with wood forms having keyway as detailed on the Drawings. Do not pour building floor slabs until the roof is installed. 03300 - 6 C. Isolation Joints in Slabs -on -Ground: Construct isolation joints in slabs on ground at all points of contact between slabs on ground and vertical surfaces, such as column pedestals, foundation walls, grade beams and elsewhere as indicated. 3.5 INSTALLATION OF EMBEDDED ITEMS: A. General: Set and build into the work anchorage devices and other embedded items required for other work that is attached to, or supported by, cast -in -place concrete. Use setting drawings, diagrams, instructions and directions provided by suppliers of the items to be attached thereto. B. Edge Forms and Screed Strips for Slabs: Set edge forms or bulkheads and intermediate screed strips for slabs to obtain the required elevations and contours in the finished slab surface. Provide and secure units sufficiently strong to support the types of screed required. Align the concrete surface to the elevation of the screed strips by the use of strike -off templates or accepted compacting type screeds. 3.6 PREPARATION OF FORM SURFACES: A. Coat the contact surfaces of forms with a form -coating compound before reinforcement is placed. Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces, and will not impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be cured with water or curing compounds. B. Thin form -coating compounds only with thinning agent of type, and in amount, and under conditions of the form -coating compound manufacturer's directions. Do not allow excess form -coating material to accumulate in the forms or to come into contact with concrete surfaces against which fresh concrete will be placed. Apply in compliance with manufacturer's instructions. 3.7 CONCRETE PLACEMENT: A. General: 1. Comply with ACI 304, and as herein specified. 2. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. If a section cannot be placed continuously, provide construction joints as herein specified. 3. Deposit concrete as nearly as practicable to its final location to avoid segregation due to rehandling or flowing. B. Pre -Placement Inspection: Before placing concrete, inspect and complete the formwork installation, reinforcing steel, and items to be embedded or cast -in. Notify other crafts to permit the installation of their work; cooperate with other trades iP_ setting such work, as required. Thoroughly wet wood forms immediately before placing concrete, as required where form coatings are not used. C. Placing Concrete in Forms: Deposit concrete in forms in horizontal layers not deeper than 18" and in a manner to avoid inclined construction joints. 1. Consolidate placed concrete by mechanical vibrating equipment supplemented ' by hand -spading, rodding or tamping. Use vibrators designed to operate with vibratory element submerged in concrete, maintaining a speed of not less than 6000 impulses per minute. 2. Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit the duration of vibration to the time necessary to consolidate the 03300 - 7 E concrete and complete embedment of reinforcement and other embedded items without causing segregation of the mix. D. Placing Concrete Slabs: 1. Do not pour building floor slabs until the roof is installed. 2. Deposit and consolidate concrete slabs in a continuous operation, within the limits of construction joints, until the placing of a panel or section is completed. Consolidate concrete during placing operations so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. 3. Bring slab surfaces to the correct level with a straightedge and strike off. Use bull floats or darbies to smooth the surface, leaving it free of humps or hollows. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to beginning finishing operations. 4. Maintain reinforcing in the proper position during concrete placement operations. E. Cold Weather Placing: 1. Protect concrete work from physical damage or reduced strength which could be caused by frost, freezing actions, or low temperatures, in compliance with ACI 306 and as herein specified. 2. When air temperature has fallen to or is expected to fall below 40 degrees F., uniformly heat all water and aggregate before mixing as required to obtain a concrete mixture temperature of not less than 50 degrees F., and not more than 80 degrees F., at point of placement. 3. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. 4. Do not use calcium chloride, salt and other materials containing antifreeze agents or chemical accelerators, unless otherwise accepted in mix designs. F. Hot Weather Placing: 1. When hot weather conditions exist that could seriously impair the quality and strength of concrete, place concrete in compliance with ACI 305 and as herein specified. 2. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 degrees F. Mixing water may be chilled, or chopped ice may be used to control the concrete temperature provided the water equivalent of the ice is calculated to the total amount of mixing. 3. Cover reinforcing steel with water -soaked burlap if it becomes too hot, so that the steel temperature will not exceed the ambient air temperature immediately before embedment in concrete. Wet form thoroughly before placing concrete. 4. Do not use retarding admixtures unless otherwise accepted in mix designs. 3.8 FINISH OF FORMED SURFACES: A. Standard Rough Form Finish: For formed concrete surfaces not exposed -to -view in the finish work or by other construction, unless otherwise shown or specified. This is the concrete surface having the texture imparted by the form facing material used, with defective areas repaired and patched as specified, and fins and other projections exceeding 1/4" in height rubbed down with wood blocks. B. Standard Smooth Finish: For formed concrete surfaces exposed -to -view, or that are to be covered with a coating material applied directly to the concrete or a covering material bonded to the concrete, such as waterproofing, dampproofing, painting or other similar system. This is the as -cast concrete surface as obtained with the form facing material, with defective areas repaired and patched as specified, and fins and other projections on the surface completely removed and smoothed. 03300 - 8 C. Smooth Rubbed Finish: Provide smooth rubbed finish to scheduled concrete surfaces, which have received smooth form finish treatment, not later than the day after form removal. 1. Moisten concrete surfaces and rub with carborundum brick or other abrasive until a uniform color and texture is produced. Do not apply cement grout other than that created by the rubbing process. D. Related Unformed Surfaces: At tops of walls, horizontal offsets and similar unformed surfaces occurring adjacent to formed surfaces, strike -off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise shown. 3.9 MONOLITHIC SLAB FINISHES: A. Float Finish: Apply float finish to monolithic slab surfaces that are to receive trowel finish and other finishes as hereinafter specified, and slab surfaces which are to be covered with membrane or elastic roofing, and as shown on the Drawings or in schedules. 1. After screeding and consolidating concrete slabs, do not work surface until ready for floating. Begin floating when surface water has disappeared or when concrete has stiffened sufficiently to permit operation of power -driven floats or both. Consolidate surface with power -driven floats, or by hand floating if area is small or inaccessible to power units. Check and level surface plane to a tolerance not exceeding 1/4" in 10 feet when tested with a 10 foot straightedge. Cut down high spots and fill low spots. Uniformly slope surfaces to drains. Immediately after leveling, refloat surface to a uniform, smooth, granular texture. B. Trowel Finish: 1. Apply trowel finish to monolithic slab surfaces that are to be exposed -to -view, unless otherwise shown, and slab surfaces that are to be covered with resilient flooring, paint or other thinfilm finish coating system. 2. After floating, begin first trowel finish operation using a power -driven trowel. Begin final troweling when surface produces a ringing sound as trowel is moved over the surface. Consolidate concrete surface by final hand troweling operation, free of trowel marks, uniform in texture and appearance, and with a surface plane tolerance not exceeding 1/8" in 10 feet when tested with a 10 foot straightedge. Grind smooth surface defects which would telegraph through applied floor covering system. C. Non -Slip Broom Finish: 1. Apply non -slip broom finish to exterior concrete platforms, steps and ramps, and elsewhere as shown on the Drawings or in schedules. 2. Immediately after trowel finishing, slightly roughen concrete surface by brooming perpendicular to main traffic route. Coordinate required final finish with the Architect before application. 3.10 CONCRETE CURING AND PROTECTION: A. General: 1. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. 2. Start initial curing application as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less than 72 hours. 03300 - 9 Ly 3. Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least 168 cumulative hours (not necessarily consecutive) during which concrete has been exposed to air temperatures above 50 degrees F. Avoid rapid drying at end of final curing period. B. Curing Methods: Perform curing of concrete by moist curing or by moisture retaining cover curing or by membrane -forming curing compound and by combinations thereof, as herein specified. 1. Provide moisture curing by following methods: a. Keep concrete surface continuously wet by covering with water. Continuous water -fog spray. b. Covering concrete surface with specified absorptive cover, thoroughly saturating cover with water and keeping continuously wet. Place absorptive cover to provide coverage of concrete surfaces and edges, with 4" lap over adjacent absorptive covers. 2. Provide moisture -cover curing as follows: a. Cover concrete surfaces with moisture -retaining cover for curing concrete, placed in widest practicable width with sides and ends lapped at least 3" and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3. Provide curing compound for slabs as follows: a. Apply specified curing and sealing compound to concrete slabs as soon as final finishing operations are complete (within. 2 hours). b. Apply un-iformly in continuous operation by power -spray or roller in accordance with manufacturer's directions. Recoat areas subjected to heavy rainfall within 3 hours after initial application. Maintain continuity of coating and repairing damage during curing period. C. Do not apply membrane curing compounds on surfaces which are to be covered with coating material applied directly to concrete, liquid floor hardener, waterproofing, dampproofing, membrane roofing, flooring, painting, and other coatings and finish materials, unless otherwise acceptable to Architect. C. Curing Formed Surfaces: Cure formed concrete surfaces, including undersides of beams, supported slabs and other similar surfaces by moist curing with forms in place for full curing period or until forms are removed. If forms are removed, continue curing by methods specified above, as applicable. D. Curing Unformed Surfaces: Initially cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by moist curing. 1. Final cure unformed surfaces, unless otherwise specified, by methods specified above, as applicable. 2. Final cure concrete surfaces to receive liquid floor hardener or finish flooring by use of moisture -retaining cover, unless otherwise directed. E. Applying Concrete Sealer/Hardener: Apply on all concrete slab floors scheduled to be left exposed in strict compliance with the manfacturer's instructions. 1. Concrete shall have cured for at a least 14 days. 2. Concrete shall be clean and dry prior to application, with oil stain, grease, etc. removed. 3. Apply by spray or brush applicator to approximate coverage of 500 square feet per gallon. 4. Do not apply if the temperature is less than 40 degrees F. 3.11 REMOVAL OF FORMS: A. Formwork not supporting weight of concrete, such as sides of beams, walls, columns, and similar parts of the work, may be removed after cumulatively curing at not less than 50 degrees F. for 24 hours after placing concrete, provided concrete is sufficiently hard to not be damaged by form removal operations, and provided curing and protection operations are maintained. 03300 - 10 3.12 RE -USE OF FORMS: A. Clean and repair surfaces of forms to be re -used in the work. Split, frayed, delaminated or otherwise damaged form facing material will not be acceptable. Apply new form coating compound material to concrete contact form surfaces as specified for new formwork. B. When forms are intended for successive concrete placement, thoroughly clean surfaces, remove fins and laitance, and tighten forms to close joints. Align and secure joints to avoid offsets. Do not use "patched" forms for exposed concrete surfaces, except as acceptable to Architect. 3.13 MISCELLANEOUS CONCRETE ITEMS: A. Filling -In: Fill-in holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place and cure concrete as herein specified, to blend with in -place construction. Provide other miscellaneous concrete filling shown or required to complete work. B. Reinforced Masonry: Provide masonry grout for reinforced masonry lintels and bond beams where indicated on the Drawings and as scheduled. Masonry grout shall comply with ASTM C476. Maintain accurate location of reinforcing steel during grout placement. 3.14 CONCRETE SURFACE REPAIRS: A. Patching Defective Areas: 1. Repair and patch defective areas with cement mortar immediately after removal of forms, but only when acceptable to Architect. 2. Cut out honeycomb, rock pockets, voids over 1/4" in any dimension, and holes left by tie rods and bolts, down to solid concrete but, in no case to a depth of less than 1". Make edges of cuts perpendicular to the concrete surface. Before placing cement mortar or proprietary patching compound, thoroughly clean, dampen with water and brush -coat the area to be patched with neat cement grout, or proprietary bonding agent. 3. For exposed -to -view surfaces, blend white portland cement and standard portland cement so that, when dry, patching mortar will match color surrounding. Provide test areas at inconspicuous location to verify mixture and color match before proceeding with patching. Compact mortar in place and strike -off slightly higher than surrounding surface. B. Repair of Formed Surfaces: 1. Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction of Architect. Surface defects, as such, include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, firs and other projections on surface; and stains and other discolorations that cannot be removed by cleaning. Flush out form tie holes, fill with dry pack mortar, or precast cement cone plugs secured in place with bonding agent. 2. Repair concealed formed surfaces, where possible, that contain defects that adversely affect the durability of the concrete. If defects cannot be repaired, remove and replace the concrete. C. Repair of Unformed Surfaces: 1. Test unformed surfaces, such as monolithic slabs, for smoothness and to verify surface plane to tolerances specified for each surface and finish. Correct low and high areas as herein specified. Test unformed surfaces sloped to drain for trueness of slope, in addition to smoothness, using a template having required slope. 03300 - 11 2. Repair finished unformed surfaces that contain defects which adversely ' affect durability of concrete. Surface defects, as such, include crazing, cracks in excess of 0.01" wide or which penetrate to reinforcement or completely through non -reinforced sections regardless of width, spalling, pop -outs, honeycomb, rock pockets, and other objectionable conditions. 3. Correct high areas in unformed surfaces by grinding, after concrete has cured at least 14 days. 4. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out low areas and replacing with fresh concrete. Finish repaired areas to blend into adjacent concrete. Proprietary patching compounds may be used when acceptable to Architects. 5. Repair defective areas, except random cracks and single holes not exceeding 1" diameter, by cutting out and replacing with fresh concrete. Remove defective areas to sound concrete with clean, square cuts and expose reinforcing steel with at least 3/4" clearance all around. Dampen concrete surfaces in contact with patching concrete, and brush with a neat cement grout coating or concrete bonding agent. Mix patching concrete of same materials to provide concrete of the same type or class as original concrete. Place, compact and finish to blend with adjacent finished concrete. Cure in the same manner as adjacent concrete. 6. Repair isolated random cracks and single holes not over 1" in diameter by dry -pack method. Groove top of cracks and cut-out holes to sound concrete and clean of dust, dirt and loose particles. Dampen cleaned concrete surfaces and brush with neat cement grout coating or concrete bonding agent. Mix dry -pack, consisting of one part portland cement to 2 1/2 parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling and placing. Compact dry -pack mixture in place and finish to match adjacent concrete. Keep patched area continuously moist for not less than 72 hours. D. Use epoxy -based mortar for structural repairs, where directed by Architect. E. Repair methods not specified above may be used, subject to acceptance of Architect. 3.15 QUALITY CONTROL TESTING DURING CONSTRUCTION: A. The Owner will provide testing laboratory services to perform all other tests and to submit test reports. B. Sampling and testing for quality control during the placement of concrete may include the following, as directed by the Architect. 1. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94. 2. Slump: One test for each set of compressive strength test specimens taken at point of discharge. 3. Air Content: ASTM C 231 pressure for normal weight concrete; one for each set of compressive strength test specimens. 4. Concrete Temperature: Test hourly when air temperature is 40 degrees F. and below, and when 80 degrees F. and above; and each time a set of .. compression test specimens made. 5. Compression Test Specimen: ASTM C 31; one set of 4 standard cylinders for each compressive strength test, unless otherwise directed. Mold and store cylinders for laboratory cured test specimens except when field -cure test specimens are required. 6. Compressive Strength Tests: ASTM C 39; one set for each 100 cu. yds, or fraction thereof, of each concrete class placed in any one day or for each } 5000 sq. ft. of surface area placed; 1 specimen tested at 7 days for information only, 2 specimens tested at 28 days, and 1 specimen retained in reserve for later testing if required. The acceptance test results shall be the average of the strengths of the two specimens tested at 28 .., days. 03300 - 12 a. When the frequency of testing will provide less than 5 strength tests for a given class of concrete, conduct testing from at least 5 randomly selected batches or from each batch if fewer than 5 are used. b. When the total quantity of a given class of concrete is less than 50 cu. yds., the strength test may be waived by the Architect if, in his judgment, adequate evidence of satisfactory strength is provided. C. When the strength of field -cured cylinders is less than 85% of companion laboratory -cured cylinders, evaluate current operations and provide corrective procedures for protecting and curing the in -place concrete. C. Test results will be reported in writing to the Architect, Engineer and the Contractor on the same day that tests are made. Reports of compressive strength tests shall contain the project identification name and number, date of concrete placement, name of concrete testing service, concrete type and class, location of concrete batch in the structure, design compressive strength at 28 days, concrete mix proportions and materials; compressive breaking strength and type of break for both 7-day tests and 28-day tests. D. Additional. Tests: The testing service will make additional tests of in -place concrete when test results indicate the specified concrete strengths and other characteristics have not been attained in the structure, as directed by the Architect. The testing service may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed. Contractor shall pay for such tests conducted, and any other additional testing as may be required, when unacceptable concrete is verified. END OF SECTION 03300 03300 - 13 SECTION 04200 - UNIT MASONRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Removal and Repair of Existing concrete masonry units and modular face brick used in the repair/modification of existing masonry walls where indicated on the drawings. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Section 09900 Painting. C. Products installed but not furnished under this Section include the following: 1. None. 1.3 DELIVERY, STORAGE, AND HANDLING A. Store masonry units on elevated platforms, under cover, and in a dry location to prevent their deterioration or damage due to moisture, temperature changes, contaminants, corrosion, and other causes. If units become wet, do not install until they are in an air-dried condition. B. Store cementitious materials on elevated platforms, under cover, and in a dry location. C. Store aggregates where grading and other required characteristics can be maintained and contamination avoided. D. Store masonry accessories, including metal items, to prevent corrosion and accumulation of dirt and oil. PART 2 - PRODUCTS t.: 2.1 CONCRETE MASONRY UNITS A. General: Provide shapes to match existing concrete masonry units. 1. Verify size with actual field measurements. ___ B. Gray Concrete Masonry Units: ASTM C 90 and as follows: .. 1. Unit Compressive Strength: Provide units with minimum average net -area compressive strength indicated below: a. Not less than the unit compressive strengths required to produce concrete unit masonry construction of compressive strength indicated. 2. Weight Classification: Medium weight. 3. Aggregates: Do not use aggregates made from pumice, scoria, or tuff. 4. Provide Type I, moisture -controlled units. �, 04200 - 1 5. Size: Manufactured to the actual dimensions indicated on Drawings within tolerances specified in the applicable referenced ASTM specification. 6. Exposed Faces: Manufacturer's standard color and texture, unless otherwise indicated. 2.2 MORTAR AND GROUT MATERIALS A. Portland Cement: ASTM C 150, Type I. Provide natural color or white cement as required to produce mortar color indicated. B. Masonry Cement: ASTM C 91. 1. For pigmented mortars, use premixed, colored masonry cements of formulation required to produce color indicated, or if not indicated, as selected from manufacturer's standard formulations. Pigments shall not exceed 5 percent of masonry cement by weight for mineral oxides nor 1 percent for carbon black. 2. For colored -aggregate mortars, use masonry cement of natural color or white as required to produce mortar color indicated. C. Portland Cement -Lime Mix: Packaged blend of portland cement complying with ASTM C 150, Type I and hydrated lime complying with ASTM C 207. 1. For pigmented mortars, use colored portland cement -lime mix of formulation required to produce color indicated, or if not indicated, as selected from manufacturer's standard formulations. Pigments shall not exceed 10 percent of portland cement by weight for mineral oxides nor 2 percent for carbon black. D. Aggregate for Mortar: ASTM C 144; except for joints less than 1/4 inch, use aggregate graded with 100 percent passing the No. 16 sieve. E. Aggregate for Grout: ASTM C 404. " F. Mortar Pigments: Natural and synthetic iron oxides and chromium oxides, compounded for use in mortar mixes. Use only pigments with a record of satisfactory performance in masonry mortars. G. Ready -Mixed Mortar: Cementitious materials, water, and aggregate complying with requirements specified in this Article; combined with set-controlling admixtures to produce a ready -mixed mortar complying with ASTM C 1142. A. Water: Potable. 2.3 MASONRY CLEANERS A. Job -Mixed Detergent Solution: Solution of '4-cup dry measure tetrasodium polyphosphate and 'i-cup dry measure laundry detergent dissolved in 1 gal. of water. 2.4 MORTAR AND GROUT MIXES A. General: Do not use admixtures, including pigments, air -entraining agents, accelerators, retarders, water-repellent agents, antifreeze compounds, or other admixtures, unless otherwise indicated. 1. Do not use calcium chloride in mortar or grout. 2. Add cold -weather admixture (if used) at the same rate for all mortar, regardless of weather conditions, in order to ensure that mortar color is consistent. B. Mortar for Unit Masonry: Comply with ASTM C 270, Proportion Specification, for types of mortar indicated below: 04200 - 2 1. Limit cementitious materials in mortar for exterior use to portland cement and lime. 2. For masonry below grade and above grade, use type indicated below: a. Type: S. C. Grout for Unit Masonry: Comply with ASTM C 476. Use grout of consistency indicated or, if not otherwise indicated, of consistency (fine or coarse) at time of placement that will completely fill spaces intended to receive grout. 1. Use fine grout in grout spaces less than 2 inches in horizontal dimension, unless otherwise indicated. 2. Use coarse grout in grout spaces 2 inches or more in least horizontal dimension, unless otherwise indicated. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of unit masonry. Do not proceed with installation until unsatisfactory conditions have been corrected. 1. For the record, prepare written report, endorsed by Installer, listing conditions detrimental to performance of unit masonry. B. Examine rough -in and built-in construction to verify actual locations of piping connections prior to installation. 3.2 INSTALLATION, GENERAL A. Thickness: Build cavity and composite walls and other masonry construction to the full thickness shown. Build single-wythe walls to the actual thickness of the masonry units, using units of thickness indicated. B. Cut masonry units with motor -driven saws to provide clean, sharp, unchipped edges. Cut units as required to provide continuous pattern and to fit adjoining construction. Use full-size units without cutting, where possible. Allow units cut with water-cooled saws to dry before placing, unless wetting of units is specified. Install cut units with cut surfaces and, where possible, cut edges concealed. 3.3 MORTAR BEDDING AND JOINTING A. Lay hollow concrete masonry units as follows: 1. With full mortar coverage on horizontal and vertical face shells. 2. Bed webs in mortar in starting course on footings and in all courses of piers, columns, and pilasters, and where adjacent to cells or cavities to be filled with grout. 3. For starting course on footings where cells are not grouted, spread out full mortar bed, including areas under cells. 4. Maintain joint widths indicated, except for minor variations required to maintain bond alignment. If not indicated, lay walls with 3/8-inch joints. B. Lay solid brick -size masonry units with completely filled bed and head joints; butter ends with sufficient mortar to fill head joints and shove into place. Do not furrow bed joints or slush head joints. 1. At cavity walls, slope beds toward cavity to minimize mortar protrusions .: into cavity. As work progresses, trowel mortar fins protruding into cavity flat against cavity face of brick. 04200 - 3 r f, 1 SECTION 06100 - ROUGH CARPENTRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Wood grounds, nailers, and blocking. 2. Miscellaneous framing and items for temporary closures, guards, runways and ladders. 1.3 DEFINITIONS w A. Rough carpentry includes carpentry work not specified as part of other Sections and generally not exposed, unless otherwise specified. 1.4 PROJECT CONDITIONS A. Coordination: Fit carpentry work to other work; scribe and cope as required for accurate fit. Correlate location of furring, nailers, blocking, grounds ..s and similar supports to allow attachment of other work. PART 2 - PRODUCTS ., 2.1 LUMBER, GENERAL A. Lumber Standards: Furnish lumber manufactured to comply with PS 20 "American Softwood Lumber Standard" and with applicable grading rules of inspection .. agencies certified by American Lumber Standards Committee's (ALSC) Board of Review. 2.2 MISCELLANEOUS LUMBER A. General: Provide lumber for support or attachment of other construction including rooftop equipment curbs and support bases, cant strips, bucks, nailers, blocking, furring, grounds, stripping, and similar members. B. Fabricate miscellaneous lumber from dimension lumber of sizes indicated and into shapes shown. C. Moisture content: 19 percent maximum for lumber items not specified to receive wood preservative treatment. D. Grade: "Standard" grade light -framing -size lumber of any species or board - size lumber as required. "No. 3 Common" or "Standard" grade boards per WCLIB or WWPA rules or "No. 2 Boards" per SPIB rules. e� 2.3 CONSTRUCTION PANELS FOR BACKING A. Plywood Backing Panels: For mounting electrical or telephone equipment, provide fire -retardant -treated plywood panels with grade designation, APA C-D PLUGGED EXPOSURE 1, in thickness indicated, or, if not otherwise indicated, not less than 15/32 inch (12 mm). 2.4 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this article for material and manufacture. 06100 - 1 1. Where rough carpentry is exposed to weather, in ground contact, or in area of high relative humidity, provide fasteners with a hot -dip zinc coating per ASTM A 153 or of AISI Type 304 stainless steel. B. Nails, Wire, Brads; and Staples: FS FF-N-105. C. Power Driven Fasteners: National Evaluation Report NER-272. D. Wood Screws: ANSI B18.6.1. E. Lag Bolts: ANSI B18.2.1. (ANSI B18.2.3.8M) F. Bolts: Steel bolts complying with ASTM A 307, Grade A (ASTM F 568, Property Class 4.6); with ASTM A 563 (ASTM A 563M) hex nuts and where indicated, flat washers. 2.5 METAL FRAMING ANCHORS A. General: Provide metal framing anchors of type, size, metal, and finish indicated that comply with requirements specified including the following: 1. Current Evaluation./Research Reports: Provide products for which model code evaluation/research reports exist that are acceptable to authorities having jurisdiction and that evidence compliance of metal framing anchors for application, indicated with the building code in effect for this Project. 2. Allowable Design Loads: Provide products for which manufacturer publishes allowable design loads that are determined from empirical data or by rational engineering analysis and that are demonstrated by comprehensive testing performed by a qualified independent testing laboratory. 2.6 MISCELLANEOUS MATERIALS A. Adhesives for Field Gluing Panels to Framing: Formulation complying with APA AFG-01 that is approved for use with type of construction panel indicated by both adhesive and panel manufacturer. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Discard units of material with defects that impair quality of rough carpentry construction and that are too small to use in fabricating rough carpentry with minimum joints or optimum joint arrangement. B. Set rough carpentry to required levels and lines, with members plumb and true to line and cut and fitted. C. Fit rough carpentry to other construction; scribe and cope as required for accurate fit. Correlate location of furring, nailers, blocking, grounds, and similar supports to allow attachment of other construction. D. Securely attach rough carpentry work to substrate by anchoring and fastening as indicated. E. Countersink nail heads on exposed carpentry work and fill holes. F. Use common wire nails, unless otherwise indicated. Use finishing nails for finish work. Select fasteners of size that will not penetrate members where opposite side will be exposed to view or will receive finish materials. Make tight connections between members. Install fasteners without splitting of wood; predrill as required. 06100 - 2 3.2 WOOD GROUNDS, NAILERS, BLOCKING, AND SLEEPERS A. Install wood grounds, nailers, blocking, and sleepers where shown and where required for screeding or attachment of other work. Form to shapes as shown and cut as required for true line and level of work to be attached. Coordinate location with other work involved. B. Attach to substrates as required to support applied loading. Countersink bolts and nuts flush with surfaces, unless otherwise indicated. Build into masonry during installation of masonry work. Where possible, anchor to formwork before concrete placement. y C. Install permanent grounds of dressed, preservative treated, key -bevelled lumber not less than 1-1/2 inches (38 mm) wide and of thickness required to bring face of ground to exact thickness of finish material involved. Remove temporary grounds when no longer required. END OF SECTION 06100 06100 - 3 SECTION 07900 - CAULKING AND SEALANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS 1. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 DESCRIPTION OF WORK A. Extent of caulking and sealants is indicated on the drawings and shall include the following: 1. Joint fillers and sealants required for new expansion joints in existing concrete pool deck at new pool shades and other concrete work. 2. Interior joint treatment at items and fixtures where necessary to fill cracks and joints. 1.3 SYSTEM PERFORMANCES A. Provide joints sealers that have been produced and installed to establish and maintain watertight and airtight continuous seals. 1.4 SUBMITTALS A. Product Data from manufacturers for each joint sealer product required, including instructions for joint preparation and joint sealer application. B. Product Samples for Initial Selection Purposes: Manufacturer's standard bead samples consisting of strips of actual products showing full range of colors available, for each product exposed to view. C. Product Samples for verification purposes of each type and color of joint sealer required. Install joint sealer samples in 1/2 inch wide joints formed between two 6 inch long strips of material matching the appearance of exposed surfaces adjacent to joint sealers. 1.5 DELIVERY, STORAGE, AND RANDLING: A. Deliver materials to Project site in original unopened containers or bundles with labels informing about manufacturer, product name and designation, color, expiration period for use, pot life, curing time and mixing instructions for multi -component materials. B. Store and handle materials in compliance with manufacturers' -..i recommendations to prevent their deterioration or damage due to moisture, high or low temperatures, contaminants, or other causes. 1 1.6 DELIVERY PROJECT CONDITIONS: A. Environmental Conditions: Do not proceed with installation of joint sealers under the following conditions: ' 1. When ambient and substrate temperature conditions are outside the limits permitted by joint sealer manufacturers. B. Joint Width Conditions: Do not proceed with installation of joint sealers where joint widths are less than allowed by joint sealer manufacturer for application indicated. + PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL: 07900 - 1 No Text A. Compatibility: Provide joint sealers, joint fillers and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. B. Colors: Provide color of exposed joint sealer indicated or, if not otherwise indicated, as selected by Architect from manufacturer's standard colors. 2.2 SWIMMING POOL DECK, BOWL AND PAVEMENT SEALANTS: A. General: Provide sealant which is approved for use with high traffic concrete surfaces and continuous water immersion. B. One -Part Urethane, Self -leveling Sealant: Equal to Sonneborn, Sonolastic SL 1, complying with the FS TT-S-00230C, Type I Class A; ASTM C-920, Type S, Grade P, Class 25, Use T, M. 2.3 ELASTOMERIC JOINT SEALANTS: A. Elastomeric Sealant Standard: Provide manufacturer's standard chemically curing, elastomeric sealant of base polymer indicated which complies with ASTM C 920 requirements, including those referenced for Type, Grade, Class and Uses. Colors shall be as selected by Architect. B. General One -Part Nonacid -Curing Silicone Sealant: Type S; Grade NS; Class 50; and complying with the FS TT-SO01543A and FS TT-S-00230C. 1. Uses T, NT, M, G, A, and, as applicable to joint substrates indicated, 0. 2. 50 percent movement in both extension and compression for a total of 100 percent movement. C. Products: Subject to compliance with requirements, provide one of the following: 1. One -Part Nonacid -Curing Silicone Sealant: 2. "Dow Corning 790"; Dow Corning Corp. 3. "864"; Pecora Corp. 4. "Rhodorsil 5C"; Rhone-Poulenc Inc. 5. "Spectrum 1"; Tremco, Inc. 2.4 LATEX JOINT SEALANTS: A. Acrylic -Emulsion Sealant: Manufacturer's standard, one part, nonsag, mildew -resistant, acrylic -emulsion sealant complying with ASTM C 834, formulated to be painted and recommended for exposed applications on interior and on protected exterior locations involving joint movement of not more than plus or minus 5 percent. B. Available Products: Subject to compliance with requirements, latex joint sealants which may be incorporated in the Work include the following: 1. "Chem -Calk 600"; Bostik Construction Products Div. 2. "AC-20"; Pecora Corp. 3. "Sonolac"; Sonneborn Building Products Div.; Rexnord Chem. Prod., Inc. 4. "Tremco Acrylic Latex 834"; Tremco Inc. 2.5 JOINT SEALANT BACKING: A General: Provide sealant backings of material and type which are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. 07900 - 2 SECTION 09900 - PAINTING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 SUMMARY A. This Section includes surface preparation, painting, and finishing of new and existing exposed interior and exterior items and surfaces. 1. Surface preparation, priming, and finish coats specified in this Section are in addition to shop -priming and surface treatment specified under other Sections. B. The extent of painting work shall be coordinated with the drawings and as herein specified. The work shall generally consist of the following: 1. Surface preparation and painting of all new/modified construction. C. Painting is not required on prefinished items, finished metal surfaces, concealed surfaces, operating parts, and labels. 1. Labels: Do not paint over Underwriters Laboratories, Factory Mutual or other code -required labels or equipment name, identification, performance rating, or nomenclature plates. D. Related Sections: The following Sections contain requirements that relate to this Section: 1. Refer to Section 02513 for traffic markings. 2. Refer to Section 07900 for caulking and sealants. 1.3 SUBMITTALS A. General: Submit the following according to Conditions of the Contract and Division 1 Specification Sections. B. Product data for each paint system specified, including block fillers and primers. 1. Provide the manufacturer's technical information including label analysis and instructions for handling, storage, and application of each material proposed for use. 2. List each material and cross-reference the specific coating, finish system, and application. Identify each material by the manufacturer's catalog number and general classification. 3. Certification by the manufacturer that products supplied comply with local regulations controlling use of volatile organic compounds (VOCs). C. Samples for initial color selection in the form of manufacturer's color charts. 1. After color selection, the Architect will furnish color chips for surfaces to be coated. 09900 - D. Samples for Verification Purposes: Provide samples of each color and material to be applied, with texture to simulate actual conditions, on representative samples of the actual substrate. 1.4 QUALITY ASSURANCE A. Applicator Qualifications: Engage an experienced applicator who has completed painting system applications similar in material and extent to those indicated for the Project that have resulted in a construction record of successful in- service performance. B. Single -Source Responsibility: Provide primers and undercoat paint produced by the same manufacturer as the finish coats. C. Field Samples: On wall surfaces and other exterior and interior components, duplicate finishes of prepared samples. Provide full -coat finish samples on at least 100 sq. ft. of surface until required sheen, color, and texture are obtained; simulate finished lighting conditions for review of in -place work. 1. Final acceptance of colors will be from job -applied samples. 2. The Architect will select one room or surface to represent surfaces and conditions for each type of coating and substrate to be painted. Apply coatings in this room or surface according to the schedule or as specified. a. After finishes are accepted, this room or surface will be used to evaluate coating systems of a similar nature. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to the job site in the manufacturer's original, unopened packages and containers bearing manufacturer's name and label, and the following information: 1. Product name or title of material. 2. Product description (generic classification or binder type). 3. Manufacturer's stock number and date of manufacture. 4. Contents by volume, for pigment and vehicle constituents. 5. Thinning instructions. 6. Application instructions. 7. Co'_or name and number. B. Store materials not in use in tightly covered containers in a well -ventilated area at a minimum ambient temperature of 45 deg F. Maintain containers used in storage in a clean condition, free of foreign materials and residue. 1. Protect from freezing. Keep storage area neat and orderly. Remove oily rags and waste daily. Take necessary measures to ensure that workers and work areas are protected from fire and health hazards resulting from handling, mixing, and application. 1.6 JOB CONDITIONS A. Apply water -based paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 50 deg F and 90 deg F. B. Apply solvent -thinned paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 45 deg F and 95 deg F. C. Do not apply paint in snow, rain, fog, or mist; or when the relative humidity exceeds 85 percent; or at temperatures less than 5 F deg above the dew point; or to damp or wet surfaces. 09900 - 2 1. Painting may continue during inclement weather if surfaces and areas to be painted are enclosed and heated within temperature limits specified by the manufacturer during application and drying periods. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturer: Subject to compliance with requirements, provide products of one of the following: 1. Coronado Paint Company. (CP). 2. The Glidden Company (Glidden). 3. Benjamin Moore and Co. (Moore). 4. Kelly -Moore Paint Co. (K-M). 5. PPG Industries, Pittsburgh Paints (PPG). 6. Pratt and Lambert (P & L). 7. The Sherwin-Williams Company (S-W). 8. Technical Coatings, Inc. (TCI). 2.2 PAINT MATERIALS, GENERAL A. Material Compatibility: Provide block fillers, primers, finish coat materials, and related materials that are compatible with one another and the substrates indicated under conditions of service and application, as demonstrated by the manufacturer based on testing and field experience. B. Material Quality: Provide the manufacturer's best -quality trade sale paint material of the various coating types specified. Paint material containers not displaying manufacturer's product identification will not be acceptable. 1. Proprietary Names: Use of manufacturer's proprietary product names to designate colors or materials is not intended to imply that products named are required to be used to the exclusion of equivalent products of other manufacturers. Furnish the manufacturer's material data and certificates of performance for proposed substitutions. C. Colors: Provide color selections made by the Architect from the manufacturer's full range of standard colors. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions under which painting will be performed for compliance with paint application requirements. Surfaces receiving paint must be thoroughly dry before paint is applied. 1. Do not begin to apply paint until unsatisfactory conditions have been corrected. 2. Start of painting will be construed as the Applicator's acceptance of surfaces and conditions within a particular area. B. Coordination of Work: Review other Sections in which primers are provided to ensure compatibility of the total system for various substrates. On request, furnish information on characteristics of finish materials to ensure use of compatible primers. 1. Notify the Architect about anticipated problems using the materials specified over substrates primed by others. 1 3.2 PREPARATION 09900 - 3 P PART 2 - PRODUCTS 2.1 HANDICAP PARKING SIGNS A. Pole Mounted Handicap Parking Signs: Fabricated from 18 gauge bonderized steel or .063" aluminum with white baked enamel background and colored screen printed graphics. 1. Size: As indicated on drawings. 2. Graphics: as indicated on drawings. 3. Post Design: 2" Square Steel post with cap. 4. Mounting: Mounting height shall be in accordance with current ADA and EAB Standards. B. Pole Mounted Van Accessible Parking Signs: Fabricated from 18 gauge bonderized steel or .063" aluminum with white baked enamel background and colored screen printed graphics. 1. Size: As indicated on drawings. 2. Graphics: Letters and international symbols as indicated on drawings. 3. Post Design: 2" Square Steel post with cap. ..a 4. Mounting Height: Mounting height shall be in accordance with current ADA and EAB Standards. PART 3 - EXECUTION 3.1 INSTALLATION A. General: Locate sign units and accessories where indicated, using mounting methods of the type described and in compliance with the manufacturer's instructions. 1. Install signs level, plumb, and at the height indicated, with sign surfaces free from distortion or other defects in appearance. B. Pole Mounted Signs: Mount signs at heights indicated on Drawings, or as directed by Architect. 1. Concrete Base: Set poles in poured concrete base as indicated on Drawings, and if not indicated, in holes a minimum of 10" in diameter and 18" deep. 3.2 CLEANING AND PROTECTION A. After installation, clean soiled sign surfaces according to the manufacturer's instructions. Protect units from damage until acceptance by the Owner. END OF SECTION 10425 10425 - 2 SECTION 13130 - FABRIC STRUCTURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General ' Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 SUMMARY A. The extent of swimming pool fabric structures as indicated on the Drawings and ,. as specified herein. B. Types of work and items specified in this section include the following: 1. Provide a unit price for Suppling & Installing 20' shading structures. 2. Exact Number will be determined by budget. 1.3 SUBMITTALS A. General: Submit the following according to Conditions of Contract and Division 1 Specifications Sections. B. Product data for each item specified, including construction details relative to materials, dimensions, gages, profiles, mounting method, specified options, and finishes. C. Shop drawings of custom made items, indicating materials, gauges, fabrication dimensions, quantities, sizes, anchors and installation details. D. Setting drawings where cutouts are required in other work, including templates, substrate preparation instructions, and directions for preparing cutouts and installing anchorage devices. E. Maintenance instructions including replaceable parts and service recommendations. ..: 1.4 QUALITY ASSURANCE A. Single -Source Responsibility: Provide products of same manufacturer for each type of unit and for units exposed to view in same areas, unless otherwise acceptable to Architect. 1.5 PROJECT CONDITIONS --= A. Coordination: Coordinate locations, installation, and sequencing with other work to avoid interference with and ensure proper installation, operation, adjustment, cleaning, and servicing. -..; B. Architect Approval: Verify locations and mounting heights of all items with Architect before installation. PART 2 - PRODUCTS 2.1 MANUFACTURES ` A. The following list of Manufacturers and suppliers are those known to be acceptable in the bid. 1. Sun Ports international, Inc. { 8319 Chancellor Row Dallas, Texas 75247 pf Voice (800) 966-5005 ._ 13130 - 1 2. Hendee Enterprises, Inc. P.O. Box 4289 Houston, Texas 77210 Voice (713) 796-2322 2.2 Shading Structure f 1. Equal to Sun Ports International, Inc.: Coolbrellas a. Size: 20'-0" Diameter. b. Color: Selected from full range of Manufacturers selection. C. Post: Single Post PART 3 - EXECUTION 3.1 INSTALLATION A. All shading item to be installed in accordance with ANSI/NSPI standards. B. Install shading according to manufacturers' instructions and approved shop drawings using fasteners appropriate to substrate as recommended by item manufacturer. Install items plumb and level and firmly anchored. C. Install shading items in locations and heights indicated, and if not indicated, as directed by Architect. All mounting locations and heights shall comply with current ADA standards. 3.2 CLEANING + A. Clean and polish all exposed surfaces strictly according to manufacturer's recommendations after removing temporary labels and protective coatings. END OF SECTION 13130 � s A (__. 13130 - 2 SECTION 13152 - SWIMMING POOL EQUIPMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division-1 Specification sections, apply to this Section. 1.2 SUMMARY A. The extent of swimming pool equipment as indicated on the Drawings and as specified herein. B. Types of work and items specified in this section include the following: 1. Portable Pool Lift. 2. Pool Access Transfer Platform 1.3 SUBMITTALS A. General: Submit the following according to Conditions of Contract and Division. 1 Specifications Sections. B. Product data for each item specified, including construction details relative to materials, dimensions, gages, profiles, mounting method, specified options, and finishes. C. Shop drawings of custom made items, indicating materials, gauges, fabrication dimensions, quantities, sizes, anchors and installation details. D. Setting drawings where cutouts are required in other work, including templates, substrate preparation instructions, and directions for preparing cutouts and installing anchorage devices. E. Maintenance instructions including replaceable parts and service recommendations. 1.4 QUALITY ASSURANCE A. Single -Source Responsibility: Provide products of same manufacturer for each type of unit and for units exposed to view in same areas, unless otherwise acceptable to Architect. 1.5 PROJECT CONDITIONS A. Coordination: Coordinate locations, installation, and sequencing with other work to avoid interference with and ensure proper installation, operation, adjustment, cleaning, and servicing. B. Architect Approval: Verify locations and mounting heights of all items with Architect before installation. PART 2 - PRODUCTS 2.1 MANUFACTURES A. The following list a Supplier that is known to be acceptable in the bid. 1. Recreonics Inc. 4200 Schmitt Avenue Louisville, Kentucky, 40213 Voice (800) 428-3254 13152 - 1 2.2 Portable Pool Lift 1. Equal to PAL: Hi/Lo Lift a. Lifting Capacity: 300lbs b. Voltage: 24V DC 2.3 Pool Access Transfer Platforms 1. Equal to Triad's: Transfer Tier a. Depth capability: Up to 55" maximum PART 3 - EXECUTION 3.1 INSTALLATION A. All Pool Equipment items to be installed in accordance with ANSI/NSPI j standards. B. Install Pool Equipment according to manufacturers' instructions and approved shop drawings using fasteners appropriate to substrate as recommended by item manufacturer. Install items plumb and level and firmly anchored. C. Install Pool Equipment items in locations and heights indicated, and if not indicated, as directed by Architect. All mounting locations and heights shall comply with current ADA standards. 3.2 CLEANING A. Clean and polish all exposed surfaces strictly according to manufacturer's recommendations after removing temporary labels and protective coatings. END OF SECTION-13152 13152 - 2