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Resolution - 2010-R0106 - Contract 9368 Construction Services For New Roof On Southwest Water Reclamation - 03_04_2010 (3)
Resolution No. 2010-RO106 March 4, 2010 Item No. 5.12 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, Unit Price Construction Contract for a new roof at water reclamation plant per ITB 10-048-DD, by and between the City of Lubbock and Construction Services 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 on March 4, 2010 TOM MARTIN, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: aA:4.da-� k �s "I - Marsha Reed, P.E., Chief Operating Officer Chad Weaver, Assistant City Attorney vw:ccdocsiRES.Contract-Construction Services January 27, 2010 City of Lubbock PURCHASING AND CONTRACT MANAGEMENT SUITE 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 I PH: (806)775-2168 FAX: (806)775-3326 http://purchasing.ci.lubbock.tx.us DATE ISSUED: OLD CLOSE DATE: NEW CLOSE DATE: ITB- I 0-048-DD, Addendum I ADDEND UM I ITB-10-048-DD New Roof at Water Reclamation Plant �6 to -1-e [ ®6 January 14, 2010 January 20, 2010 @ 3:00 P.M. January 26, 2010 @ 3:00 PM The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Due date and time are CHANGED from January 20, 2010 at 3:00 P.M. to January 26, 2010 at 3:00 P.M. 2. Bidder's attention is invited to the following questions and responses: QUESTION: "I am inquiring about the roofing specification on the Lubbock Water Reclamation Plant. I would like to know if you have a prior approval form that we could fill out to be able to provide an alternate roof system that will allow our company to provide competitive pricing on this project." ANSWER: "We are providing a REQUEST FOR SUBSTITUION FORM for the Prospective Bidder's use in submitting equivalent alternative products for consideration by the Architect. This form is attached." QUESTION: "In addition: the current specification is requiring the new light weight insulating concrete to have a '/4' slope, but the specified roof system does not allow a slope greater than 1/8" due to the low melting point characteristics of the specified roof system." ANSWER: "The HyLoad CTEM and that of the old Coal Tar Pitch products. They are not alike. The HyLoad CTEM Membrane is utilized in the top ply of the specified roofing system and has less than one percent of Coal Tar in the product. It can be installed up to a 2/12 slope without being back nailed. The slope specified in the project is .25"/12" and well within the specified range of the manufacturer's recommendations." All requests for additional information or clarification must be submitted in writing and directed to: ITB-10-048-DDadl ITB-10-048-DD, Addendum 1 i Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 FJ Questions may be faxed to (806) 775-2164 or Email to ddoss(u,mylubbock.us. THANK YOU, CITY OF LUBBOCK e Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidders responsibility to advise the Purchasing Manager if anv language, reauirements, etc., or anv combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB-10-048-DDadl I-] REQUEST FOR SUBSTITUTION FORM Lubbock Water Reclamation Plant Project: Roofine To: BGR Architects Inc. 2118 34" Street, Lubbock, TX 79411 Attn.: Mike Briggs, ALA. Phone: 806-7473881 Project No.:20826.00 Specification Section #: Contractor. Requested by: Phone: Fax: 806-747-8214 Fax: Email: mbritu=_s(&bt*ronlinc.cott� Email: Reason for not providing specified item: Savings to Owner for accepting substitution: (applies to substitutions following award only, if allowed) Specified Product/Fabrication Method (List name/descriptiom model no.; manufacturer): Required Inforntation forSpccifred Product: Attached: Point by Point Comparative Product Data "rests Reports Fabrication Drawings Samples ( Where Applicable) Proposed Product/Fabrication Method (List trade name/description; model no.; manufacturer): Required Information for Proposed Product: Attached: Point by Point Comparative Product Data ( (Required) Tests Reports Fabrication Drawings Samples (Where Applicable) List of Related Changes/Modifications: Differences between proposed substitution and specified product: Proposed product/fabrication method affects other parts of the Work M No M Yes: Explain REQUEST FOR SUBSTITUTION FORM f SUB - I This page is blank REQUEST FOR SUBSTITUTION FORM SUB - 2 s Undersigned certifies: • Proposed substitution has been fully investigated and determined to be equal or superior in all respects to specified product as utilized for this project, except as noted herein. • Qualifications of manufacturer, installer, and other specified parties meet the specified qualifications. • Same special warranty will be famished for proposed substitution as for specified product. • Same maintenance service and source for replacement parts, as applicable, is available as that specified. • Proposed substitution does not affect dimensions artd functional clearances, except as noted herein. For the Bidder: Submitted by: Signed: Firm: Telephone: Fax: Email: For the Manufacturer: Submitted by: Signed: Firm: Telephone: Fax: Email: END OF DOCUMENT— REQUEST FOR SUBSTITUTION FORM REQUEST FOR SUBSTITUTION FORM SUB - 3 City of Lubbock PURCHASING AND CONTRACT MANAGEMENT SUITE 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2168 FAX: (806)775-3326 http://purchasing.ci.lubbock.tx.us ITB-10-048-DD, Addendum 2 ((1 ADDEND UM 2 ITB-10-048-DD New Roof at Water Reclamation Plant DATE ISSUED: January 20, 2010 OLD CLOSE DATE: January 20, 2010 @ 3:00 P.M. NEW CLOSE DATE: January 26, 2010 @ 3:00 PM The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidder's attention is invited to the Architect's Addendum #2, attached All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806) 775-2164 or Email to ddoss(a,mylubbock.us . THANK YOU, CITY OF LUBBOCK Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidders responsibility to advise the Purchasing Manager if my language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. ITB-10-048-DDad2 I I WATER RECLAMATION PLANT ROOF CITY OF LUBBOCK LUBBOCK, TX BID DATE: Tuesday, January 26, 2010 ADDENDUM: Jai i •fl; . •R a� BGR ARCHITECTS, INC. LUBBOCK, TEXAS All Proposers are asked to note the following changes, additions, omissions, and/or corrections to the original bidding documents. Instructions issued in this Addendum are to be a part of the contract and the Proposers are asked to adjust their proposal accordingly. The following are questions from proposers followed by the Architect's responses, clarifications or modifications required to the drawings and/or specifications. Question No. 1: Our bonding company will not issue bonds on projects requiring more than a 2-year installer's warranty. Both Section 07530 and 07620 require 5-year warranties. We need this requirement reduced to 2 years in order for us to bid. Answer No. 1: Revise Section 07530-1.08.E from Five (5) year warranty to Two (2) year warranty. Revise Section 07620- 1.05.13 from Five (5) year warranty to Two (2) year warranty. Question No. 2: We believe that there needs to be a specification for a new temporary roof. Due to the current amount of leakage, the existing plies on the concrete deck are not doing much good. Answer No. 2: We believe that the leaks have been coming through the openings in the structural concrete deck. The membrane is functioning as designed, therefore only the openings around the drain penetrations will need to be addressed during the construction process. Question No. 3: How many plies of Type IV felt are required under the self -adhering membrane? Section 07530-3.10.E. Answer No. 3: In most cases there is one (1) ply of type IV felt required as a backer ply under the self -adhered membrane. However, there is not any instance where the base flashings are going to be taller than eight to ten inches, so there will be no need for a self adhered membrane on this project. Question No. 4: Section 07530-3.10-F - Don't Understand this. Are we using 2 plies of self -adhering CTEM? Answer No. 4: Section 07530-Paragraph 3.10 is for the application of self adhering membrane, which is not required on this project. However, the paragraph referenced here indicates the need for a backer ply at all flashing locations. Question No. 5: Section 07530-3.16.E - Is the self -adhering CTEM to be black or white? Answer No. 5: All base flashing membranes will be black in color. Delete Paragraph 3.16.E in its entirety_ Question No. Q.- Section 07620-3.04.B.12 - Are you sure you want to do this? Sealant will dry out, fall out, and eventually look terrible. The sealant seems to serve little purpose. Answer No. 6: Delete Section 07620-3.04.B.12 in its entirety. Question No. 7: Section 07620-3.04.C-1 and C.2 seem to contradict each other. Cannot do standing seam joints and cover plates. Answer No. 7: Revise Section 07620-3.04.C.2 to read "Coping shall be minimum 24-gauge prefinished Kynar installed in ten foot (10) sections maximum." Question No. 8: Section 03520 - What type, size, etc. plate do you wart to close off the existing roof drains? Answer No. 8: The existing roof drains shall be plugged with a pre -manufactured drain plug of appropriate size and shall be filled with lightweight concrete decking material Question No. 9: Detail 3/A201 1 (a) Drilling the existing tile coping for installation of the plywood and blocking will probably crack some tile. Are there options other than mechanically -fastening? (b) Drilling upward on the outer overhand to install the bottom trim will also crack the tile. Is this bottom trim piece necessary? Answer No 9: (a) Revise Details 03/A201 and 04/A201 as per the attached Supplementary Drawing SD-1, dated 01/15/10. Mechanical fastening is required to achieve wind uplift design. Therefore, non -mechanical options for fastening will not be considered. _) (b) Please see response in part (a) above. Question No. 10: Detail 7/A201 - The metal should be 24 ga. Prefinished. Answer No. 10: All metal shall be 24 gauge prefinished r- ) Question No. 11: Detail for roof drain on A202 appears to Show a drain insert. if so, none are specified. t Answer No, 11 No drain inserts are allowed on this project. Question No. 12: The skylight domes are not scheduled to be replaced. We feel that they should be replaced so that all roof items are of the same vintage. Answer No. 12: l I Existing domes are to be reused as noted and specified. 1 End of Addendum WEATHER RESISTIVE MEMBRANE 3/4 EXTERIOR PLY SLOPE 1/4" Ix4 TRIMMED TO SLOPE, GONTINUOUS 2xb GONTINUOUS WEATHERTI6HT FASTENERS ® b" O.G. MAX. BUILT-F ROOFIN6 4 FLA5HIN6 5Y5TEM 3/4" EXTERIOR OVER LI6HTkNEI6HT INSULATING PLYWOOD GONG-RETE DECK GOVERIN6 OVER INSULATION A5 SPEGIFIED a _ VARIES W/ 5LOPE Q TOP OF DECK GOVERIN6 EXISTING 'ROOF DECK -VERIFY I 1/2115 c-. DETAIL I RDOI=-TO-P,4RAPET CONDITION - HIG WOOD - / FOOT -------_..- ---- --- -; _ EXI5TIN6 WALL GONSTRUGTION 1 <` - VERIFY _ 2x4 BLOGKIN6 H 5I T7E PRE -FINISHED METAL GOPI N6 GAP - 5EE TYPIGAL DETAIL ON SHEET A202 2x4 TRIMMED TO SLOPE, CONTINUOUS 2xb GONTINUOUS -REMOVE EX15TIN16 MA50NRY GOPIN6 GAP t (SHOWN DASHED) - GONTINUOUS EDGE LOCK 3/4" EXTERIOR PLYWOOD SEGURED TO TOP OF EX15TINO WALL WITH MIN. TWO (2) FA5TENER5 @ lb" O,G. MAX. ti „N cill5lia SUPPLEMENTARY DRANING 5D-1 LUBBOGK WATBR'REGLAMATION 2118 34TH STREET FAGILITYROOFINGLUBBOGK TEXAS LUBBOCK, TEXAS 79411-1734 JOB NO: 20b2b.00 FILE NO: G 5101-061 tel: 806.747,3881 DATE: 1-15-10 lax 806.747.8214 PAGE: I OF 2 PRE-FIN15HED METAL GOPING GAP - SEE TYPIGAL DETAIL ON SHEET A202 2x4 TRIMMED TO WEATHER RIESISTIVE MEM5- BANE 5/4" EXTERIOR PL YJ,�OOD - SLOPE 1 /4" / FOOT ix4 TRIMMED TO SLOPE, GONTINUOUS SLOPE, GONTINUOUS _ 2x8 GONTINUOUS REMOVE EXISTING MA50NRY GOPIN6 GAP - (SHOWN DASHED) GONTINUOUS ED6E LOGK 3/4" EXTERIOR PLYWOOD 5EGURED TO TOP OF EXISTING WALL WITH MIN. TWO (2) FA5TENER5 @ 15" O.G. MAX. 1/2 11 5c..-. DETAIL 2x8 GONTINUOUS WEATHERTIGHT FASTENERS ( @ 8" O.G. MAX. 5/4" EXTERIOR BUILT-UP ROOFING FLASHING SYSTEM PLYWOOD OVER L16HTWEIGHT INSULATING GONG-RET1= DECK GOVERIN6 OVER u- INSULATION AS SPEGIFIED'. ( a,YA-RIES W/ SLOPE _ a J'TOP OF DFGK GOVERIN6 ROOF -TO -PAR FET CONDITION - LOIN SIDE 2118 34TH STREET LUBBOCK, TEXAS 7941 1-173,1 tel: 806.747.3881 fax, 806.747.8214 ERED .qRo ROOF ��� := EN M. VERIFY MIAZI E 5UPPLEMENTARY DRAWING 5D-1 LUBBOGK WATER1REGLAMATION FAGILITY �ROOFIN6 LUBBOGK, TEXAS JOB NO: 20526.00 FILE NO: G 5-707—Oq DATE: 1-15-10 PA6E: 2 OF 2 7-7 EXISTING DEGK — 0,4/.4 Contractor Checklist ['Before submitting your bid; please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. C.--- Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 3. Cw- Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. _1 -� Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5.Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management T Office prior to the deadline. Late bids will not be accepted. i 6. �'� Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. r 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. -8. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. �`'`� Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REOUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: _10. &--c Complete and submit the FINAL LIST OF SUB -CONTRACTORS. .,_'AILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS }OMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. �a•15Trc ►n c� , o (Type or Print Company Name) 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT DAVIS BACON WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS 3 NOTICE TO BIDDERS ITB-10-048-DD Sealed bids addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 P.M. on January 20, 2010 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: After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office 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 and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 P.M. on January 20, 2010, and the City of Lubbock City Council will consider the bids on February 9, 2010 at the City Hall, 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 $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. 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 ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's 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 January 12, 2010 at 9:00 A.M., in the Administration Building Conference Room at the Water Reclamation Plant on Southeast Drive, Buffalo Lakes Exit, 3603 Guava Street, Lubbock, Texas. Call for directions (806) 775-3228. Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at www.therel)roductioncompany.com. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED, AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidder's expense. __t 4 a , 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 and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, 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 bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall 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 require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2168 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK '1 CG e__V� MARTA ALVAREZ PURCHASING AND CONTRACT MANAGEMENT OFFICE GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish NEW ROOF AT WATER RECLAMATION PLANT per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 P.M. on January 20, 2010 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-10-048-DD, New Roof at Water Reclamation Plant" 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: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. 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 are -bid conference will be held at 9:00 A.M., on January 12, 2010 in the Administration Building Conference Room at the Water Reclamation Plant on Southeast Drive, Buffalo Lakes Exit, 3603 Guava Street, Lubbock, Texas. Call for directions (806) 775-3228. 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. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsvnc.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 and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the bid 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 and Contract Management Office no later than five (5) calendar 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 and Contract Management Office 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. i 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office 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 and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 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. 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. 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 and Contract Management Office 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 and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Darlene Doss, City of Lubbock Purchasing and Contract Management Office 1625 13"' Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: ddossAmylubbock.us Bidsync: www.bidsvnc.com 13 TIME AND ORDER FOR COMPLETION g 13.1 The construction covered by the contract documents shall be substantially completed within NINETY !` CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations 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 f I 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, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the 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. t 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 (_ 10 methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. f 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25 INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AND THE ENGINEER AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 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 L_1 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 Texas Government Code, Chapter 2258, Prevailing Wage Rates 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 the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 11 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 Sunday 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 Sunday or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the 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: 29.3.1 Bidder's name 12 i 30 31 29.3.2 Bid for NEW ROOF AT WATER RELCAMATION PLANT. 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. 1 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 1 32 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 through 1 plus the sum of any Alternate Bids or Options the City may select. 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 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, 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY - SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 14 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not ^? less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. P 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: htti)://www.gvo.izov/davisbacon/alistates.html ri 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. BID SUBMITTAL FORM BID SUBMITTAL FORM LUMP SUM BID CONTRACT DATE: ' 1 -7- k-a 1 2 a PROJECT NUMBER: ITB-10-048-DD - NEW ROOF AT WATER RECLAMATION PLANT Bid of ,b ,a�STrz,� �-r ► o 'Sv�tz..l t e-E� S (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a NEW ROOF AT WATER RECLAMATION PLANT having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other_ related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Construct "New Roof at Water Reclamation Plant" per plans and specifications. MATERIALS : �JEy Eby r v E `15�NL� -Vekk� S ($ 5, 00 0.0 o ) SERVICES : '' y 5 i✓ Jr --a i a u \,s A+1 0 —D al ms ($ 3, . o n o - on ) TOTAL BID : D,- bly ND clap - p o O • O,O ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 90 (NINETY) CONSECUTIVE CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $25 (TWENTY-FIVE) for each day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SIXTY (60) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Bidder's Initials Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of t^ �� E -coo uSa� p '6 „- 4, ,aa --L�- Dollars ($ 'a, (eon. oa, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. ida: Addenda No. Date -A Addenda No. ,Date Addenda No. Date Addenda No. Date Date: ` I -L t.e- N 2 a t'o �-Aua iorized Signature (P/r�inted or TypedDame) Company 1 Jrq o 1 AG to F,= %LJ7 Address city, County 79 q0 3 State Zip Code. Telephone: £dote - 7 z/ 7 • V Y oa Fax: Ao 4 - ? q -7 - g-3 mo FEDERAL TAX ID or SOCIAL SECURITY No. -7S— Io4??70q EMAIL: q V min C�5- ���-T+4 • �'n 2 M/WBE Firm: I I Woman I I Black American Native American Hispanic American I I Asian Pacific American Other (Specify) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Construction Services 5401 Acuff Road Lubbock TX 79403 as Principal, hereinafter called the Principal, and Safeco Insurance Company of America 14123 Denver West Parkway, Golden, CO 80401 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock 1625 13th Street, Lubbock, TX 79401 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for New Roof at Water Reclamation Plant - Project No. 10-048-DD NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of January 2010 Cnnctnictinn SP. n/IRAR Atiomey-in-Fact Surety Phone No. 713-458-5200 AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 I it POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 12665 That SAFECO INSURANCE COMPANY- OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***********R. F. BOBO; JON DOUGLAS BURNHAM; SHONA D. HOLMES; ANGELA P. HYLE; TIMOTHY F. KELLY, JOHN A. MARTINEZ; FLORENCE MCCLELLAN; KEICHA ANN SMITH; Houston, Texas*******"******+ ****"***** its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of May . 2009 Dexter R. Lego, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, U) The provisions of Article V, Section 13 of the By -Laws, and (11) A copy of the power-ofattomey appointment, executed pursuant thereto, and (III) Certifying that said power -of -attorney appointment Is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-0974/13S 3109 this 14th day of January 2010 3r '✓ rays Dexter R. Legg, Secretary WEB PDF 9WRAI C19 Qti W AFFMAVIT �`s� �Q t?�aHeted 1�y�B� Aft - MWr�# fro autauN d vrilhm . I, the mdmiped'B3dda; witty thFt.ft osufame n4Wttmattts emairW In this bid docu''Welit have been favil m with the l lovr iti ttiii .;I A�e�ciWPOW I f am 0,Gardad: T� r a t ley if�e t~ y of LttttbaOTciT w f_1 CONTRACTOR'S YIRM ADDRESS-. �`I fl 1 �C. u iE r. . Name of A tzcnL4lMkcr: Addms of Agent(8ruker: 5847 San Felipe, Suite 320 77057 A►gentlgr oker releyrhom Mmben DMO;. 01 /25 /2010 Rttso time rogUIMI[acnt spaetfied above b n..ot awi, the City T as the right to r > f this bid And sward tht testragt to another Outrktur. If yo" flyc Any t iettiun5 mnt:6+ 01ng thyme requtranzentn, pkme rouhtct the Purchasing Arnd Contract Mana ta"t 4fii:ke tot tho Cii 91!eeoeii t j T168. DID ITS-l"48-DD"NSW ROOF AT WXrER RECL A.MAUON PLANT SAFETY RECORD QUESTIONNAIRE 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 F ' 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 incidents 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 State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or :J 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 from 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 information 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 r,,g%Pkkr 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. _� 0 Bidder's Initials QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for suct. firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforceme suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaint . indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NOS ✓ If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its b ') submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, al, I., penalty assessed. QUESTION THREE 1 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 whi resulted from serious bodily injury or death? YES NO ✓ .n�.l If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bi .l! submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in m statements and answers to questions. I am aware that the information given by me in this questionnaire shall b investigated, with my full permission, and that any misrepresentations or orris ' may cau y bid to be rejected. ature Title Page 1 Effective: June 18, 2005 Vernon's Texas Statutes and Codes Annotated Currentness Local Government Code (Refs & Annos) Title 5. Matters Affecting Public Officers and Employees (Refs & Annos) Subtitle C. Matters Affecting Public Officers and Employees of More Than One Type of Local Government "® Chapter 175. Right of Certain Municipal and County Employees to Purchase Continued Health Coverage at Retirement (Refs & Annos) -► Chapter 176. Disclosure of Certain Relationships with Local Government Officers; Providing Public Access to Certain Information 4 176.001. Definitions In this chapter: (1) "Commission" means the Texas Ethics Commission. (2) "Family member" means a person related to another person within the first degree by consanguinity or affinity, as described by Subchapter B, Chapter 573, Government Code. (3) "Local governmental entity" means a county, municipality, school district, junior college district, or other political subdivision of this state or a local government corporation, board, commission, district, or authority to which a member is appointed by the commissioners court of a county, the mayor of a municipality, or the governing body of a municipality. The term does not include an association, corporation, or organization of governmental entities organized to provide to its members education, assistance, products, or services or to represent its members before the legislative, administrative, or judicial branches of the state or federal government. (4) "Local government officer" means: (A) a member of the governing body of a local governmental entity; or (B) a director, superintendent, administrator, president, or other person designated as the executive officer of the local governmental entity. (5) "Records administrator" means the director, county clerk, municipal secretary, superintendent, or other person responsible for maintaining the records of the local governmental entity. Effective: June 18, 2005 © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 2 176.002. Applicability to Certain Vendors and Other Persons (a) This chapter applies to a person who: (1) contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity; or (2) is an agent of a person described by Subdivision (1) in the person's business with a local governmental entity. (b) A person is not subject to the disclosure requirements of this chapter if the person is: (1) a state, a political subdivision of a state, the federal government, or a foreign government; or (2) an employee of an entity described by Subdivision (1), acting in the employee's official capacity. Effective: June 18, 2005 176.003. Conflicts Disclosure Statement Required (a) A local government officer shall file a conflicts disclosure statement with respect to a person described by Section 176.002(a) if: (1) the person has contracted with the local governmental entity or the local governmental entity is considering doing business with the person; and (2) the person: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income; or (B) has given to the local government officer or a family member of the officer one or more gifts, other than gifts of food, lodging, transportation, or entertainment accepted as a guest, that have an aggregate value of more than $250 in the 12-month period preceding the date the officer becomes aware that: (i) a contract described by Subdivision (1) has been executed; or (ii) the local governmental entity is considering doing business with the person. (b) A local government officer shall file the conflicts disclosure statement with the records 0 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 3 administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of the statement under Subsection (a). (c) A local government officer commits an offense if the officer knowingly violates this section. An offense under this subsection is a Class C misdemeanor. (d) It is a defense to prosecution under Subsection (c) that the person filed the required conflicts disclosure statement not later than the seventh business day after the date the person received notice of the violation. Effective: June 18, 2005 176.004. Contents of Disclosure Statement The commission shall adopt the conflicts disclosure statement for local government officers. The conflicts disclosure statement must include: (1) a requirement that each local government officer disclose: (A) an employment or other business relationship described by Section 176.003(a), including the nature and extent of the relationship; and (B) gifts received by the local government officer and any family member of the officer from a person described by Section 176.002(a) during the 12-month period described by Section 176.003(a)(2)(B) if the aggregate value of the gifts from that person exceed $250; (2) an acknowledgment from the local government officer that: (A) the disclosure applies to each family member of the officer; and (B) the statement covers the 12-month period described by Section 176.003(a)(2)(B); and (3) the signature of the local government officer acknowledging that the statement is made under oath under penalty of perjury. Effective: June 18, 2005 176.005. Application to Certain Employees (a) The local governmental entity may extend the requirements of Sections 176.003 and 176.004 to all or a group of the employees of the local governmental entity. (b) A local governmental entity may reprimand, suspend, or terminate the employment of an 0 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 4 employee who fails to comply with a requirement adopted under this section. (c) An employee of a local governmental entity commits an offense if the employee knowingly violates requirements imposed under this section. An offense under this subsection is a Class C misdemeanor. (d) It is a defense to prosecution under Subsection (c) that the person filed the required conflicts disclosure statement not later than the seventh business day after the date the person received notice of the violation. Effective: June 18, 2005 4 176.006. Disclosure Requirements for Vendors and Other Persons; Questionnaire (a) A person described by Section 176.002(a) shall file a completed conflict of interest questionnaire with the appropriate records administrator not later than the seventh business day after the date that the person: (1) begins contract discussions or negotiations with the local governmental entity; or (2) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the local governmental entity. (b) The commission shall adopt a conflict of interest questionnaire for use under this section that requires disclosure of a person's affiliations or business relationships that might cause a conflict of interest with a local governmental entity. (c) The questionnaire adopted under Subsection (b) must require, for the local governmental entity with respect to which the questionnaire is filed, that the person filing the questionnaire: (1) describe each affiliation or business relationship the person has with each local government officer of the local governmental entity; (2) identify each affiliation or business relationship described by Subdivision (1) with respect to which the local government officer receives, or is likely to receive, taxable income from the person filing the questionnaire; (3) identify each affiliation or business relationship described by Subdivision (1) with respect to which the person filing the questionnaire receives, or is likely to receive, taxable income that: (A) is received from, or at the direction of, a local government officer of the local governmental entity; and 0 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 5 (B) is not received from the local governmental entity; (4) describe each affiliation or business relationship with a corporation or other business entity with respect to which a local government officer of the local governmental entity: (A) serves as an officer or director; or (B) holds an ownership interest of 10 percent or more; (5) describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to the expenditure of money; (6) describe each affiliation or business relationship with a person who: (A) is a local government officer; and (B) appoints or employs a local government officer of the local governmental entity that is the subject of the questionnaire; and (7) describe any other affiliation or business relationship that might cause a conflict of interest. (d) A person described by Subsection (a) shall file an updated completed questionnaire with the appropriate records administrator not later than: (1) September 1 of each year in which an activity described by Subsection (a) is pending; and (2) the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate. (e) A person is not required to file an updated completed questionnaire under Subsection (d)(1) in a year if the person has filed a questionnaire under Subsection (c) or (d)(2) on or after June 1, but before September 1, of that year. (f) A person commits an offense if the person violates this section. An offense under this subsection is a Class C misdemeanor. (g) It is a defense to prosecution under Subsection (f) that the person filed the required questionnaire not later than the seventh business day after the date the person received notice of the violation. Effective: June 18, 2005 4 176.007. List of Government Officers 0 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 6 The records administrator for a local governmental entity shall maintain a list of local government officers of the entity and shall make that list available to the public and any person who may be required to file a questionnaire under Section 176.006. Effective: June 18, 2005 4 176.008. Electronic Filing The requirements of this chapter, including signature requirements, may be satisfied by electronic filing in a form approved by the commission. Effective: June 18, 2005 t 176.009. Posting on Internet (a) A local governmental entity shall provide access to the statements and questionnaires filed under this chapter on the Internet website maintained by the local governmental entity. (b) This subsection applies only to a county with a population of 800,000 or more or a municipality with a population of 500,000 or more. A county or municipality shall provide, on the Internet website maintained by the county or municipality, access to each report of political contributions and expenditures filed under Chapter 254, Election Code, by a member of the commissioners court of the county or the governing body of the municipality in relation to that office as soon as practicable after the officer files the report. Effective: June 18, 2005 176.010. Requirements Cumulative The requirements of this chapter are in addition to any other disclosure required by law. Current through the end of the 2005 2nd Called Session of the 79th Legislature END OF DOCUMENT 0 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. 1-1 Grea Vauahan [ From: Marta Alvarez[MAlvarez@mail.ci.lubbock.tx.us] Sent: Monday, January 25, 2010 2:58 PM To: Greg Vaughan; Darlene Doss Cc: Jeff McMenamy; Lara Vaughan Subject: Re: FW: Insurance Requirements City of Lubbock Bid URGENT !!!!!!HHH! Mr. Vaughan, the insurance affidavit only refers to the insurance requirements for the contract, which will need to be submit with your bid. I will have to get with our risk manager on your question regarding the language in reference to the (surety) bonding company. Thank you, Happy New Year! Marta Alvarez, Purchasing Manager �City of Lubbock Purchasing Department ., 1625 13th Street Lubbock, Texas 79401 P: 806-775-2572 F: 806-775-2164 malvarez@mylubbock.us >>> "Greg Vaughan" <gvaughan@cs-tecta.com> 1/25/2010 1:15 PM >>> Darlene, Having spoken with Mr. Lisenbe, he suggested I forward the following concern to you. See the below comments from our insurance company. There are specific contract objections that are contained within the bid documents. The objection is contained on page 7 of the general conditions of agreement, chapter 27. Specifically, the following sentences. "The contractor its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its offices, agents, and employees against any all losses, ., costs, damages, expenses, liabilities, claims and or cause of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including but limited to, attorneys fees and expenses, in connection with, incident to, related to, or arising out of, the contractors or any subcontractor's, agent's, or employees, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract." The objection comes from the requirement to include the surety. This clause suggests that the surety would have to act in the same manner as the insurance carrier, and our (surety) bonding company is just that, a bonding company and our insurance company provides all of our insurance coverage's. All of which far outweigh those required by the City of Lubbock. i� The affidavit form must be submitted with the bid. 1-1Please call me as soon as possible. 1 Gregory M. Vaughan Construction Services General Manager - Lubbock, Tx Ph: 806-747-8400 Fax: 806-747-8800 www.tectaamerica.com <http://www.tectaamerica.com/> From: Jeff McMenamy Sent: Monday, January 25, 2010 10:08 AM To: Greg Vaughan (gvaughan@cs-tecta.com) Subject: FW: Insurance Requirements City of Lubbock Bid URGENT !!!!!!!!!!!!! Jeff McMenamy Construction Services 2214 S. Lincoln Amarillo, TX 79109 806/373-1732 From: Smith, Cindy (mailto:csmith@lockton.com] Sent: Monday, January 25, 2010 9:50 AM To: Jeff McMenamy; Lara Vaughan; 'csc@hpsf-law.com' Cc: Mark A. Gaulin; Mark Viola Subject: RE: Insurance Requirements City of Lubbock Bid URGENT !!!!!!!!!!!!! Dear Jeff and Lara: After reviewing the insurance requirements for the above referenced project, please be advised your insurance program is in compliance except for the last sentence in Section 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY. This reads "The Contractor, its sureties and insurance carriers..... To include "its sureties" is inappropriate as sureties do not defend so that would need to be stricken. As respects the insurance carriers, your liability policies afford contractual liability as respects tort law and an insured contract and as such do not specifically extend to an indemnity agreement. We cannot certify that contractual liability extends to your obligations under the indemnity agreement. We would recommend you run this by legal for their input as this wording is too broad. I have copied in Hendrick, Phillips, Salzman & Flatt for their review. This service is provided free of charge under the retainer relationship with Tecta. Ll 2 Therefore, we are not able to sign the affidavit based on this wording. If it can be removed, then all other requirements can be met. Should you require a certificate of insurance, please submit a Certificate Request Form. Let me know if you have any additional questions. Regards, Cindy Smith Senior Account Manager Lockton Companies, LLC 5847 San Felipe, Suite 320 Houston, Texas 77057 Tel: 713.458.5248 Mobile: 713.256.7346 Fax: 713.430.5248 Email: csmith@lockton.com <mailto:csmith@lockton.com> Lockton is in the process of converting from Office 2003 to 2007. This file was created using Microsoft Office 2007. If you cannot view the file, click here <http://www.microsoft.com/downloads/details.aspx?familyid=94lb3470-3ae9- 4aee-8f43-c6bb74cdl466&displaylang=en> to download the converter. t, From: Jeff McMenamy [mailto:jmcmenamy@cs-tecta.com] Sent: Monday, January 25, 2010 8:38 AM To: Smith, Cindy Cc: Mark@magco.com; mviola@tectaamerica.com Subject: FW: Insurance Requirements City of Lubbock Bid URGENT !!!!!!!!!!!!! Cindy, Can you please call me about this required affidavit ASAP. We have a very important job biding tomorrow. I am just now finding out that there may be a problem with some of the indemnity and hold harmless language. Thanks. k A' s Jeff McMenamy Construction Services 3 2214 S. Lincoln Amarillo, TX 79109 806/373-1732 From: Lara Vaughan Sent: Monday, January 25, 2010 8:28 AM To: Jeff McMenamy Subject: Insurance Requirements City of Lubbock Bid Jeff, Per Greg's Request. Lara Vaughan Office Manager, Lubbock Branch lvaughan@cs-tecta.com <blocked::mailto:khardy@cs-tecta.com> 5401 Acuff Road Lubbock, TX 79403 Ph: 806.747.8400 Fax: 806.747.8800 www.constrservices.com <http://www.constrservices.com/> www.tectaamerica.com <http://www.tectaamerica.com/> 4 A. CONTRACTOR PREQUALIFICATION STATEMENT Organization: Amarillo Office P.O. Box 2722 Amarillo, TX 79105 (806) 373-1732 Fax (806) 373-9472 Atlanta Office 9340 Industrial Trace Alpharetta, GA 30004 (770) 740-0018 Fax (770) 740-0020 Lubbock Office 5401 Acuff Road Lubbock, TX 79403 (806) 747-8400 Fax (806) 747-8800 Birmingham Office 952 Alton Parkway Birmingham, AL 35210 (205) 836-2102 Fax (205) 836-2150 Houston Office P.O. Box 714 Humble, TX 77347 (281) 446-7770 Fax (281) 446-7612 Lafayette Office P.O. Box 63107 Lafayette, LA 70596 (337) 237-5220 Fax (337) 237-5228 B. Construction Services is a contracting firm specializing in various types of roofing, sheet metal, waterproofing and roof -related specialties. As a service to architects, building owners and facility managers, we also provide assistance in preparation of specifications, drawings, schedules and budgets. C. Construction Services, incorporated in Texas on May 31, 1960, evolved from a similar company established in 1943. On February 10, 2000, Construction Services and nine other organizations merged to form Tecta America Corporation, which is currently the nation's largest roofing contractor. For more information on Tecta, please visit our website at www.tectaamerica.com. D. The size of our work force varies from 300 to 450 persons. Our management team and key employees remain stable. These key people consist of the chairman, president, general managers, production managers, estimators, contract administrators, office managers, payroll clerks, superintendents, foremen and roof applicators. Most management people are of long tenure — 5 to 50 years. The superintendents and foremen have been employed from 3 to 35 years. Attachments #4 and #4A lists the company's key personnel. E. Some of the larger projects we have completed are described below. $10,200,000 reroofing project on NASA Michoud Assembly facility for Lockheed -Martin Corp. $4,529,000 roofing contract on the BMW Assembly Plant in Greer, South Carolina. The general contractor was Fluor Daniel, Inc. "Fast track" projects we have completed include: The Milliken Carpet Plant in LaGrange, Georgia, built by Fluor Daniel on which the roofing contract was approximately $4,300,000. A copper refinery for ASARCO, Inc., built in Amarillo by Bechtel Corporation on which the roofing contract was approximately $1,300,000. At Tinker Air Force Base in 1986, we installed a $2,000,000 built-up roof covering 650,000 square feet in less than 90 days. This project was the restoration of Building 3001 which was destroyed by fire. The complete project was a $45,000,000 job built in five months. The general contractor and construction manager was Hensel Phelps working under the supervision of the U.S. Army Corps of Engineers. We completed $13,000,000 of roofing for the Saturn Project in Springhill, Tennessee. $7,000,000 of the project was produced in four months. Morrison- Knudsen Company was the construction manager. We have also completed a number of large projects where the original design data was minimal and details were developed as work progressed. We do substantially all of our work with our own forces and rarely subcontract work to others. F. Our major suppliers, bank and bonding agent, along with pertinent data concerning them, are listed in Attachment #3. We have done business with most of our suppliers for many years and are familiar with their strengths and weaknesses. G. We seldom use subcontractors, but we do have experience with minority subcontractors and suppliers. Much of our work force is composed of minority workmen. H. Audited financial statements and internally prepared financial statements can be furnished on request. 2 �s IWe are listed in Dun and Bradstreet #02597-9170. Our rating is 3A2. Construction Services is a wholly -owned subsidiary of Tecta America Corp. The audited financial statements of Tecta America Corp. will be available around April 15 or 105 days following the close of each year. These statements include consolidating information that will identify the figures from Construction Services that are included in the combined Tecta financial report. Unaudited quarterly statements are also available on request. 3 ATTACHMENT #1 CONSTRUCTION SERVICES CONTRACTOR PREQUALIFICATION STATEMENT Recently Completed Proiects October 20 , 2009 Proiect Size Valuation of Roof Proiect Designer A/E Trinity Church Facilities Reroof 1800 squares $ 1,650,000.00 Owner 7002 Canton Ave Lubbock, Texas 79413 Frenship ISD Various Buildings 850 squares $ 1,220,000.00 BGR Architecture 300 Main Street Wolforth, Texas 79382 Metro Tower (High Rise) 85 Squares $ 280,000.00 Owner Lubbock, Texas Rockridge Shopping Plaza 500 Squares $ 190,000.00 GRACO Lubbock, Texas Bozeman & Hodges Elementary Schools 1056 Squares $ 1,178,900.00 Adling Associates Lubbock ISD Lubbock, Texas Roosevelt ISD Roof Renovations 650 Squares $ 675,000.00 BGR Architecture Lubbock County TTU Averitt Building 145 Squares $ 135,000.00 Adling & Assoc. S. Loop 289 & Quaker Lubbock, Texas Texas Tech Soccer Facilities 165 Squares $ 178,000.00 Parkhill, Smith & Cooper Avenue Q & Mac Davis Lane Lubbock, Texas South Plains College 405 Squares $ 510,000.00 BGR Architecture Texan Dome Re -roof Levelland, Texas Greenlawn Church of Christ 311 Squares $ 369,000.00 Parkhill,Smith & Cooper Lubbock, Texas Dunbar Junior High School 1611 Squares $ 1,325,100.00 Stiles, Wallace Assoc. Lubbock ISD Lubbock, Texas F", CONSTRUCTION SERVICES CONTRACTOR PREQUALIFICATION STATEMENT CONTRACTOR REFERENCES Washington Group Int'l. Reid & Gary Strickland Co. Washington Plaza P.O. Box 7038 1500 West 3rd Street Amarillo, Texas 79109 Cleveland, Ohio 44113 Gary Strickland Jim Garrett (806) 355-3387 (216) 523-5632 Fluor Daniel, Inc. Dyad Construction 100 Fluor Daniel Drive 8505 Holt Greenville, South Carolina 29607-2762 Houston, Texas 77054 Dick Wallace Joe Pigford (864)281-4208 (713)799-9380 Global Performance Marshall Construction 7003 Pelham Rd., Suite C P.O. Box 7538 Greenville, South Carolina 29615 Houston, Texas 77270 Steve Kiker David Marshall (864)286-1661 (713)861-8163 Hardin Construction Co. LLC D.E. Harvey Builders 1380 W. Paces Ferry Rd. 3630 Westchase Atlanta, Georgia 30327 Houston, Texas 77042 Bill Smelcer Kelly Hall (404)264-0404 (713)783-8710 Western Builders Pepper -Lawson Construction P.O. Box 15368 P.O. Box 219227 Amarillo, Texas 79105-4321 Houston, Texas 77218 Jerry Rohane/Mike Robertson Paul Lawson (806)376-4321 (281)371-3100 Page & Associates Wiley Hicks Jr., Inc. P.O. Box 2570 1301 West 3rd Amarillo, Texas 79105 Amarillo, Texas 79106 Stan Cotgreave Wiley Hicks III/James Hicks (806)372-3237 (806)376-5941 Knox, Gailey, & Meador Lee Lewis Construction, Inc 1109 N. Avenue T 7810 Orlando Ave Lubbock, Texas 79415 Lubbock, Texas 79424 Don Meador/Danny Scott Jason Smith/Martin Tickle (806)763-0418 (806)797-8400 ATTACHMENT #2A CONSTRUCTION SERVICES CONTRACTOR PREQUALIFICATION STATEMENT ARCHITECT -ENGINEER -CONSULTANT REFERENCES Lavin & Associates Michael L. Hamilton Inc. 2810 Duniven Circle, Ste. 100 25100 Pitkin Road #84B Amarillo, Texas 79109 Spring, Texas 77386 Tom Lavin Mike Hamilton (806)358-7069 (281)367-8996 Shiver-Megert Associates A.P. Ward Consulting Inc. 102 E. 9`h, Ste. 200 1301 Shiloh Rd., Ste. 860 Amarillo, Texas 79101 Kennesaw, Georgia 30144 Darrell Fleming A.P. Ward (806)372-5662 (770)428-0012 W.D. Architects Conley Group 1619 S. Kentucky #F665 2555 Cumberland Pkwy, Ste. 170 Amarillo, Texas 79102 Atlanta, Georgia 30339 Jim Doche Mike Quinn (806)359-0772 (770)333-9591 Sims-Parge' Architects Adling Associates 718 W. 15`h 2529 74`h Street Amarillo, Texas 79101 Lubbock, Texas 79423 Kent Parge' Bill Adling (806)374-2341 (806)748-0880 Jim D. Koontz & Associates R.W.S. Architects 3120 N. Grimes 4615 Post Oak Place #111 Hobbs, New Mexico 88240 Houston, Texas 77027 Jim Koontz Bruce Wallace (505)392-7676 (713)621-1651 Spence Partnership Hermes Architects 2323 S. Shepherd #800 7915 Westglen Dr. Houston, Texas 77019 Houston, Texas 77063 Fred Tooley Ken English (713) 522-1666 (713) 785-3644 Stiles, Wallace, & Associates BGR Architecture 17`h St. and Avenue M 2118 34`h Street Lubbock, Texas 79411 Lubbock, Texas 79411 Craig Wallace/Ed Stiles Jim Melton (806) 795-6431 (806) 747-3881 r" ATTACHMENT #3 CONSTRUCTION SERVICES CONTRACTOR PREQUALIFICATION STATEMENT Petersen Aluminum 4295 Hayes Tyler, Texas 75707 Jon Snyder (800)441-8661 L... United Building Products 9101 Chancellor Row Dallas, Texas 75247 Dale Tyler (888)248-8805 West End Lumber .. 9335 Highway 6 North Houston, Texas 77095 Ken Greer (800) 388-6093 IJA Inc. P.O. Box 2467 Lubbock, Texas 79408 Ivan Jones t (806) 438-3093 Wells Fargo Bank Hagy Banking Center 7515 SW 451h Amarillo, Texas 79119 Lee Ogletree (806)468-0032 Bonding Agency SUPPLIERS Commercial Roofing Specialties Inc. P.O. Box 48120 Atlanta, Georgia 30362 Larry Burns (404) 458-0539 Builders Products P.O. Box 920852 Houston, Texas 77292-0852 Frank Korenic (713)686-8203 ABC Supply 2015 Southeast 27`h Amarillo, Texas 79103 Bill Machen/Todd Sanford (806)374-7709 Heely-Brown Company 1280 Chattahoochee Ave. NW Atlanta, Georgia 30318 Bill Brown (404) 352-0022 FINANCIAL REFERENCES Peoples Bank Tecta America Corp. (Parent co.) 5820 82"d Street 5215 Old Orchard Rd. Suite 880 Lubbock, Tx 79424 Skokie, Illinois 60077 Troy Vanderburg Mike Arduino, CFO (806)794-0044 Mark Santacrose, CEO (847)581-3888 BONDING & INSURANCE REFERENCES Lockton Companies 5847 San Felipe Suite 320 Houston, Texas 77057 Mary Pierson (713) 458-5243 Insurance Agent Lockton Insurance Agency Of Houston 5847 San Felipe Suite 320 Houston, Texas 77057 Pam Lipsey (713) 458-5224 ATTACHMENT #4 CONSTRUCTION SERVICES CONTRACTOR PREQUALIFICATION STATEMENT OFFICERS Robert L. Pinkston: Chairman With Company since 1948 Attended Texas Tech University Bill Ferem: President With Company since 1965 Attended West Texas A&M University General Manager — Houston office R. Christopher Pinkston: Vice President With Company since 1972 Graduated Texas A&M University General Manager — Atlanta office Joseph H. Pinkston: Vice President With Company since 1978 Graduated Texas A&M University Estimator/Project Manager — Houston office Jeff McMenamy: Secretary -Treasurer With Company since 1979 Graduated West Texas A&M University General Manager — Amarillo office ATTACHMENT #4A CONSTRUCTION SERVICES LUBBOCK KEY PERSONNEL Greg Vaughan: General Manager Attended West Texas State University 19 years experience in roofing industry, Previously Amarillo Office Estimator/Project Manager Began with Company in 1992 Luke Dillard: Roof Systems Production Manager Attended Texas Tech University Graduated South Plains College Extensive experience with mechanical operations And Roof systems application Brad Williams: Maintenance Director/Safety Compliance Manager Attended Texas Tech University Extensive experience with building envelope sealants and waterproofing systems. Alonso Rueda: Roofing Superintendent With Company since 2000 Joe Ramos: Roofing Foreman With Company since 1999 Edward Hubbard: Sheet Metal Foreman/Superintendent With Company since 2005 Justin Fouse: Roofing Foreman With Company since 2005 Lorenzo Montoya: Roofing Foreman 30 Years Commercial Roofing Experience Carlos Hernandez: Sheet Metal Superintendent 20 Years Commercial Roofing Sheet Metal Operations ATTACHMENT #4A (CONTINUED) CONSTRUCTION SERVICES AMARILLO KEY PERSONNEL Tracy Honea: Estimator/Project Manager With Company since 2001 Prior experience as project manager for large general contractor Gary Jackson: Estimator/Project Manager More than 20 years with Company Extensive project management experience on very large industrial roofing projects. Keith McNutt: Production Manager With Company since 1990 Paul Green: Roofing Superintendent With Company since 1994 Rito Diaz: Roofing Superintendent With Company since 1997 Gary McNutt: Roofing Superintendent With Company since 1999 Dustin Hurt: Roofing Superintendent With Company since 2001 Jim Wiechec: Sheet Metal Department Manager With Company since 1981 Robin Johnson: Sheet Metal Superintendent With Company since 2002 Jerry Thompson: Sheet Metal Superintendent With Company since 2005 Genaro Saldierna: Roofing and Sheet Metal Superintendent With Company since 1998 Manual Murillo: Roofing Foreman With Company since 2000 David Dominguez: Roofing Foreman With Company since 2004 ATTACHMENT #4A (CONTINUED) CONSTRUCTION SERVICES HOUSTON KEY PERSONNEL Casey Baker: Estimator/Project Manager With Company since 1972 Extensive experience on large fast track projects Joe Murray: Estimator/Project Manager With Company since 2004 26 years in Roofing Industry James Upton: Production Manager With Company since 1985 Extensive sheet metal and roofing experience Efrain Campa: Roofing Foreman With Company since 1996 Juan Araujo: Roofing Foreman With Company since 1994 Hugo Guerrero: Roofing Foreman With Company since 1995 Noe Romo: Roofing Foreman With Company since 1998 Abel Romo: Roofing Foreman With Company since 1998 Martin Campa: Roofing Foreman With Company since 1988 ATTACHMENT #4A (CONTINUED) CONSTRUCTION SERVICES BIRMINGHAM KEY PERSONNEL Donnie Merrill: General Manager/Project Manager With Company since 2005 Ten years experience in industry/commercial roofing Wilford Overton: Field superintendent With Company since 2004 Twenty -six -years experience in industrial/ commercial roofing Responsible for all field operations Michael Vason: Roofing Foreman With Company since 2002 Sixteen years experience in industrial/commercial roofing with special emphasis on built-up. Tim Vason: Roofing Foreman With Company since 2002 Thirteen years experience in industrial/commercial roofing with special emphasis on built-up. Jeremy Nickens: Roofing Foreman With Company since 2002 Eleven years experience in industriat/commercial roofing with special emphasis on single/ply. Harley Hughes: Sheet Metal Foreman With Company since 2002 Sixteen years experience in industrial/commercial roofing with special emphasis on sheet metal. ATTACHMENT #4A (CONTINUED) CONSTRUCTION SERVICES ATLANTA KEY PERSONNEL Michael L. Yellott: Senior Estimator/Project Manager With Company since 1989 Graduated University of Texas Greg Thorpe: Project Manager With Company since 1983 Extensive fast track experience on projects including Boeing, BMW, Proctor & Gamble and Milliken Carpet. Dan Martin: Service Manager With Company since 1999 Shawn Littles: Project Manager With Company since 2001 Jack Dadisman: Estimator / Project Manager With Company since 2005 Thomas Lowe: Production Manager With Company since 1990 Jeff Weaver: Sheet Metal Superintendent With Company since 1991 Isidro Rivera: Roofing Foreman With Company since 1982 Gerald Saylor: Roofing Foreman With Company since 1985 Gerardo Guadarrama: Roofing Foreman With Company since 1995 Ray Zawoysky: Roofing Foreman With Company since 1983 Angelo Narvaiz: Roofing Foreman With Company since 1980 Percy James: Roofing Foreman With Company since 1980 ATTACHMENT #4A (CONTINUED) CONSTRUCTION SERVICES LAFAYETTE KEY PERSONNEL Randy Bowen: General Manager / Estimator / Project Manager With the Company since 2004 Thirty-three years experience in industry estimating and managing Bill Hicks: Roofing Foreman With Company since 2004 Thirty years experience in industry, twenty-five years as foreman Don Harbor: Roofing Foreman With Company since 2005 Twenty years experience in industry, twelve years as foreman SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $50,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: 0, onab-rrt..ti c�;r % o'V 6� yy tE `J FEDERAL TAX ID or SOCIAL SECURITY No. —115-- 1 o `/ 23-7 Z) Signature of Company Offici �1= �.• Printed name of company official signing above: �¢�cct o�2.►c. 1n Date Signed: I ` Zt-e \_2 oyo 4 8 LIST OF SUB -CONTRACTORS LIST OF SUB CONTRACTORS n/Company Name Location Services Provided C—' aTE lam.ZJb ��.1L X IA LEt]�3cA NG� Minority Owned Yes No ❑ cam Cl ❑ Cl ❑ Cl ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Cl ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL [ IF NO SUB —CONTRACTORS WILL BE USED PLEASE INDICATE SO PAYMENT BOND 3 Bond 6688473-0003 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE 1 (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Construction Services Principal(s), and Safeco Insurance Company of America (hereinafter called the Principal(s), as (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Twelve Thousand and 00/100 ***** Dollars ($112,000.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 4th day of March, 2010 to New Roof at Water Reclamation Plant - 84 Squares of Roof Replacement, with new light weight concrete deck and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 9th day of March 2010, Safeco Insurance Company of America Construction Services Surety *By. , aC (Title) Keicha Ann Smith, Attorney -in -Fact ! � 4 r (Company Name) (Title) i The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Lockton Companies, LLC an agent resident in Mbboft County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. HARRIS Safeco Insurance Company of America Surety * By: U--0-4CXV- (--4-� (Title) Keicha Ann Smith, Attorney -in -Fact Approved as to form: City of Lu ck By: Ci orney * Note: if signed by an Office of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. �7 PERFORMANCE BOND 1 Bond No. 6688473-0003 I STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) constmc`-r1 Services KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and Safeco Insurance Company -of America (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Twelve Thousand and 00/100**** Dollars ($ 112,000.00 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 4th day of March, 2010 to New Roof at Water Reclamation Plant - 84 Squares of Roof Replacement, with a new light weight concrete deck and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 9th day of March 2010. / (Company Name) Safeco Insurance Company of America Sure * B4'ckk_� (Title) Keicha Ann Smith, Attorney -in -Fact By:_ r, �ftK �___ (Printed Name) (Signature) ' q (Title)— —"� The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates I -Mon Companies, rLC an agent resident in ISt!1btx* County to whom any requisite notices maybe delivered and on whom service of process may be had in matters arising out of such suretyship. HARRIS Safeco u c Ins ran a Co an America mof p y Surety *By. j6,A� (Title) Keicha Ann Smith, Attorney -in -Fact Approved as to Form City/ofLbock By: orney * Note: If signed by an Office of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 3 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No, 12665 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***********R. F. BOBO; JON DOUGLAS BURNHAM; SHONA D. HOLMES; ANGELA P. HYLE; TIMOTHY F. KELLY; JOHN A. MARTINEZ; FLORENCE MCCLELLAN; KEICHA ANN SMITH; Houston, Texas**************************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of May 2009 Dexter R. Legg, Secretary Timothy A. Mikolalewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (II) A copy of the power -of -attorney appointment, executed pursuant thereto, and (III) Certifying that said power -of -attorney appointment is in full force and effect, E the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. €€ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation I 9th March 2010 i this day of SEAL CIRPORpTE( n SEAL �f a�� 1953 `✓ t>,Z3 `� Dexter R. Legg, Secretary _ WASH'eoftuas S-0974/DS 3109 WEB PDF CERTIFICATE OF INSURANCE AC URA `..� CERTIFICATE OF LIABILITY INSURANCE 2/28/2011 DATE (MMMDrrYYY) 1 3/23/2010 PRODUCER LOCKTON COMPANIES LLC 5847 SAN FELIPE, SUITS 320 H 6-260 TX 77057 866-2603536 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THTHIS COVERAGE AFFORDED BYOTHE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED PINKSTON-HOLLAR CONSTRUCTION SERVICES, INC. 1307023 DBA CONSTRUCTION SERVICES 5401 ACUFF ROAD LUBBOCK TX 79403 INSURER A: Arch Insurance Company 11150 INSURER B: Illinois National insurance Company 23817 INSURER C : INSURER D : INSURER E : �.-..r.....�.. r1T1,TrTfNfkA A v THIS CERTIFlCATE DF iNSURANCE DOES NOT CONSTITUTE A COMMACT BETWEEN THE 1 SD1NG THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINty- ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L' R INS D TYPE OF INSURANCE POLICY NUMBER DATE MM DC� TION TE MMMIDD Y) LIMITS GENERAL LUU31LIlY EACH OCCURRENCE S 2 00,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1XI OCCUR 4IPKG2279501 2%28/20I0 2/28/2011 DAMAGE TO RENTED P E Eao=rence S„_-1,000 000 MED EXP (Any one pennon) $ 10,000 PERSONAL S ADV INJURY $ 1,000,000 X XCU INCLlBRD FM PROP X POLAGG. $20,000,000 GENERAL AGGREGATE $ 4,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 4,000,000 POLICY X JET X LOC A A AUTOMOBILE X LIABILITY ANY AUTO 41PKG227950I (AOS) 41CAB2279601 (MA) 2128/2010 2/28/2010 2/28/2011 2/28/2011 COMBINED SINGLE LIMIT (Ee nt) $ 2,000,000 BODILY INJURY (Pet peon) $ XXXXD X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per 800weM) ${� X X HIREDAUTOS NON-OWNEDAVTOS X PROPERTY DAMAGE (PereocklW) $ f� AUTO PHYSICAL DAMAG X DEDICOLL $100 000 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXX7XXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX 0 AUTO ONLY: AGG $ )CXXXXXX B EXCESSIUMBRELLALlABILITY X OCCUR CLAIMS MADE BE4891213 2/28/2010 2/28/2011 EACH OCCURRENCE $ 5,000,000 AGGREGATE 5,000,000 XXXXXXX UMBRELLA S )DOCXXXX DEDUCTIBLE � FORM hx S )O(X)C XX RETENTION $ 10 000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOIWARTlER/IXECUTNE OFFICERMEMaER EXCLUD9134 (Mandatory In NH) d yes, descu u do, ePEC1AL PROVISIONS below 41WC12279401 2/28/2010 2/28/2011 111H- X =A&Ui E —' E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT I S 1,000,000 OTHER DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CANCELLATION: 30 DAYS AS NOTED BELOW EXCEPT 10 DAYSRE NOTICE FOR NON-PAYMENT. BLANKET WAIVER OF SUBROGATION IS GRANTED NN ADD ADDITIONALINSUREDINSU D (EXCEPTREQUIRED O WORKERS' CONTRACT WHERE IN CCEFRTIFIICATE HOLDEVOR OF R S NAMED AS ONW RE PREQUIRED BY WRLAW. TTEN CONTRACT. RE: NEW ROOF ® WATER RECLAMATION PLANT. G K I IFIGA I t H LL) GANGrLLA 10831943 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF LUBBOCK DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3L DAYS WRITTEN P.O. BOX 2000, ROOM 204 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL LUBBOCK TX 79457 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORUXD REPRESENTA ACORD 26 (2009/011 ® 1989-2009 ACORN CORPORAIFION. All r1ahts mmarvad The ACORD name and logo are registered marks of ACORD or Faoaatione nwrdim this cfttft , contact the number d In fits Ruser section above and aaasM Um client cods YIIJHOpa•. WNTINUAHUN L)J-bUMY11UN UP UI'CI4AI1VNW1.V%oA I IVNiVVCNIVLtW=AULVDlUNS AUUCU OT CNUVNOCMCN IIOrmwAL YNVVIO1w" %use owy R NI9f6 6jROs m m ADDITIONAL INSURED IN FAVOR OF CITY OF LUBBOCK (ON ALL POLICIES EXCEPT WORKERS' COMPENSATION/EL) WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF CITY OF LUBBOCK ON ALL POLICIES WHERE REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. THE INSURANCE AFFORDED TO THE ADDITIONAL INSURED AS DESCRIBED IN THIS CERTIFICATE OF INSURANCE FOR WORK PERFORMED BY THE NAMED INSURED IS PRIMARY AND NON-CONTRIBUTORY TO ANY SIMILAR COVERAGE MAINTAINED BY THE ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT. ' ACORD 25 (2001108) Certificate Holder ID: 10831943 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --AUTOMATIC STATUS WHEN REQUIRED BY CONSTRUCTION AGREEMENT WITH YOU - COMPLETED. OPERATIONS -PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under tha Following: Section It — Who is an "insured" is amended to include as an Insured any person or organization for whom you are performing operations when you are specifically required by a written construction contract or agreement with such person or organization to include them as an additional insured on your policy and provide coverage for such additional insured only for liability arising out of; i) 'your work" at the location designated; or 11) The "products completed operations hazard." Coverage afforded to these additional insured parties will be primary to, and non-contributory with, any other insurance available to that person or organization. This endorsement does not apply to parties added as additional insured by any other endorsements to this policy. All other terms and conditions of this Policy remain unchanged. Policy Number: 41PKG2279501 Named Insured: TECTA HOLDINGS, INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 2128110 00 ML0019 00 08 06 Page 1 of 1 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-305-7238 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. CONTRACT CONTRACT 9368 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 4th day of March, 2010, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, Cityof Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Construction Services 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 10-048-DD - NEW ROOF AT WATER RECLAMATION PLANT 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 Conditions of Agreement. Construction Services' bid dated January 26, 2010 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: l�v �rSt •ti—..Isvi - �c� J , � S By: PRINTED NAME: TITLE:-�— COMPLETE ADDRESS: Company & tJS J--T� u y 1111 ;5 ., v1 c y Address �7 ya / &=r 124) City, State, Zip %uG 46 o c,i4— r2!k 71 Yo3 ATTEST: , w Corporate SecretaryZALa CITY OF LUBBOCK, TEXAS (OWNER): By: MAYOR ATTEST: C Ar 1 0-- , OL41e—� City Sec tary APPROVX,&AS TO CONTENT: Owner's Representative Director APPROV P AS TO F City Atto ey GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit CONSTRUCTION SERVICES 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 MICHAEL GREEN MAINTENANCE FOREMAN, so designated who shall 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 shall 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 Certificates, and all other documents made available to i 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". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 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 Office 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. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. ri 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 shall 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 shall not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor shall 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 shall 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 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 shall 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 are 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. 1- 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 authorityto stop the work whenever such stoppage may be necessary to ensure the proper execution of the P PPS 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) 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 iven to b competent reasonable rent shall be eprg as if esentatives entries of theeContractoor is essentialressly to the proper thatadequatesupervision y p p p p performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any Office, 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. ._ 3 d 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 i 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. 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 are 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 shall 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 shall be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the {- requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such 4 i_ tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits Maintenance Bonds Public Liabilityand Property hDama a and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the ) "actual field cost." No claim for extra work of any kind shall be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its Offices, 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, 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. r _..1 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change shall 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 ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED TO INCLUDE PRODUCT-COMP/OP 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 THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. c 7 A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,OOOCombined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, - NOT REQUIRED. C. Comprehensive Automobile Liability Insurance (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. D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $ 500,000 Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 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. 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 shall have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; G. (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who shall provide services on the project shall be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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; 10 (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804- 4000 (www.tdi.state.tx.us) 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: 11 "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..s the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; �..., (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its Offices, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish { 12 I.._ j satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or ( waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its Offices, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its Offices, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its Offices, 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. t.. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner 13 may withhold permanently from Contractor's total compensation, the sum of $ (TWENTY-FIVE) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every workingday that the Contractor shall be in default after the time stipulated for substantially completing the work. 1-4 Y p Y p g 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 when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 14 r_ 1 E 38. OUANTITIES 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 encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its Offices, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial i 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 i ` 15 Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 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, Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify --; the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: 16 (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. 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 17 i-__ (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 riii, 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. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY 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 $50,000. All bonds shall 18 be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. 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 .. 19 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. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of'no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 20 DAVIS BACON WAGE DETERMINATIONS 1 EXHIBIT A GENERAL DECISION: TX20080015 07/24/2009 TX15 Date: July 24, 2009 General Decision Number: TX20080015 07/24/2009 Superseded General Decision Number: TX20070015 State: Texas Construction Type: Building County: Lubbock County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories). (Use current heavy & highway general wage determination for Paving & Utilities Incidental to Building Construction). Modification Number Publication Date 0 02/08/2008 1 03/28/2008 2 04/11/2008 3 06/06/2008 4 07/25/2008 5 12/05/2008 6 01/23/2009 7 04/10/2009 8 07/24/2009 * CARP1884-001 05/01/2009 Rates Fringes CARPENTER ........................$ 20.34 5.26 MILLWRIGHT .......................$ 20.84 5.26 ---------------------------------------------------------------- ELEC0602-002 12/01/2008 Rates Fringes ELECTRICIAN ......................$ 18.78 7.37 ---------------------------------------------------------------- PLUM0629-001 06/01/2008 Rates Fringes PLUMBER ..........................$ 19.20 6.55 ---------------------------------------------------------------- SFTX0669-001 04/01/2009 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ......................$ 25.90 14.30 --------------------------------------------------------- * SUTX1992-001 03/16/1992 Rates Fringes Acoustical Ceiling and Drywall Mechanic .................$ 10.00 .25 BRICKLAYER .......................$ 11.74 GLAZIER ..........................$ 9.50 LABORER: Mason Tender ........... $ 7.25 LABORER ..........................$ 7.25 LATHER ...........................$ 11.17 PAINTER ..........................$ 10.50 PLASTERER ........................$ 11.17 Power equipment operators: Backhoe.....................$ 10.50 .42 ROOFER, Including Built Up, Composition and Single Ply Roofs ............................$ 9.71 Sheet metal worker (Including duct work) ...................... $ 8.80 .69 WELDERS - Receive rate prescribed for the craft performing operation to which welding is ------------------------------------------------------------- incidental. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations 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 can 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 requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial 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 the formal process described here, initial contact should be with the Branch 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, 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 Administrator (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 statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXIIIBIT B Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. I�►:�OII;�YI[�J Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. SPECIFICATIONS SECTION 03520 - LIGHTWEIGHT INSULATING CONCRETE fl I PART 1 -GENERAL 1.01 RELATED SECTIONS A. Section 07530 - Coal Tar Elastomeric Roofing B. Section 07620 - Sheet Metal Flashing and Trim 1.02 SUBMITTALS A. Submittal of Equals: Submit lightweight insulating concrete systems to be considered as equals to the specified roof system no less than 10 days prior to bid date. Primary lightweight insulating concrete systems which have been reviewed and accepted as equals to the specified system will be listed in an addendum prior to bid date; only then will equals be accepted at bidding. Submittals shall include the following: 1. Submit manufacturer's instructions for proper placement of the proposed lightweight insulating concrete roof insulation system. 2. Submit documentation confirming compliance with FM 1-90 Windstorm Resistance Classification utilizing the specific roof membrane system proposed for use on this project. a. Submit documentation confirming that the specific expanded polystyrene proposed for use on this project is approved by Factory Mutual for use in conjunction with the proposed lightweight insulating concrete system. 3. Submit a letter from the supplier of the proposed lightweight insulating concrete system confirming that the expanded polystyrene used as a component in the lightweight insulating concrete system is to be furnished by the supplier of the proposed lightweight insulating concrete system. 4. Submit shop drawings including a roof plan, roof slopes, and thickness of insulation. 5. Submit a sample copy of the warranty covering the proposed lightweight insulating concrete system. 6. Submit a letter from the proposed lightweight insulating concrete system supplier confirming that the Contractor is approved to install the proposed lightweight insulating concrete system. 1.03 QUALITY ASSURANCE A. Acceptable Contractor: The contractor must be certified in writing prior to bid by the supplier to install the proposed lightweight insulating concrete system. B. Agency Approvals: The proposed lightweight insulating concrete system shall conform to the following requirements. No other testing agency approvals will be accepted. 1. Underwriters Laboratories: Tested by Underwriters Laboratories in accordance with the procedures of ASTM E 119 and listed in the most recent Underwriters Laboratories Fire Resistance Directory. Lightweight insulating concrete roof insulation components are defined by Underwriters Laboratories under sections CCVW for foamed plastic and CCOX for floor or roof - topping mixture in the latest edition of the Underwriters Laboratories Fire Resistance Directory. 2. Factory Mutual: Tested by Factory Mutual Research and listed in FM Global RoofNav as non-combustible or Class 1, and for 1-90 windstorm 03520 - 1 classification utilizing the specific roof membrane system proposed for use on this project. 4 t_ 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery: Deliver materials in the supplier's original unopened packages, fully identified as to manufacturer, brand or other identifying data and bearing the proper Underwriters Laboratories label. B. Storage: Store Insulcel concentrate at temperatures between 520F and 80OF (11 ° - 27° C). Expanded polystyrene board should not be stored in areas of standing water prior to application but can be exposed to rainwater before application. Boards must be clean and free from foreign substances. 1.05 PROJECT/SITE CONDITIONS A. Requirements Prior to Job Start 1. Notification: Give a minimum of 5 days notice to the Owner and manufacturer prior to commencing any work and notify both parties on a daily basis of any change in work schedule. 2. Permits: Obtain all permits required by local agencies and pay all fees which may be required for the performance of the work. 3. Safety: Familiarize every member of the application crew with all fire and safety regulations recommended by OSHA, NRCA and other industry or local governmental groups. B. Environmental Requirements 1. Precipitation: Do not apply materials during precipitation or in the event there is a probability of precipitation during application. Take adequate precautions to ensure that materials and building interiors are protected from possible moisture damage or contamination. 2. Temperature Restrictions: When air temperatures of 40OF (4.4°C) or above are predicted to occur within the first 24 hours after placement, normal mixing and application procedures may be used. When air temperatures of 320F to 40OF (0°C - 4.4°C) are predicted to occur within the first 24 hours after placement, the Contractor may opt to increase the Portland cement quantity 15% by weight. Do not install the lightweight insulating concrete system when air temperatures are below 32°F (0°C). PART 2 - PRODUCTS 2.01 MATERIALS A. Acceptable Manufacturer: Provide a lightweight insulating concrete roof insulation system incorporating pregenerated foam and expanded polystyrene board supplied by a single manufacturer. 1. Lighweight Concrete by Concrecel International, Inc. 2.02 SYSTEM DESCRIPTION A. Lightweight Concrete System Description: Provide materials used in the lightweight concrete roof insulation system conforming to the following. 1. Portland Cement: Portland cement conforming to Type I, 11, or III as defined by ASTM C 150. 2. Foam Concentrate: Protein based foam concentrate conforming to ASTM C 869 and ASTM C 796. 3. Expanded Polystyrene Insulation Board: Expanded polystyrene (EPS) 03520 - 2 i insulation board having a nominal density of 1 pcf (16 kg/m3) defined as Type I by ASTM C 578 and containing approximately 3% open area. Each bundle of board shall be delivered to the job site with clear identification as to manufacturer and shall carry the Factory Mutual approval label and the Underwriter's Laboratories Classified label on each bundle. 4. Water: Potable water that is clean and free of deleterious amounts of acid, alkali and organic materials. 2.03 MIX DESIGN A. Density: Mix Portland cement and pregenerated foam with water to achieve a wet density ranging from 38 to 48 pcf (609 to 769 kg/m3), resulting in a minimum dry density of 30 pcf (481 kg/m3) and minimum compressive strength of 200 psi (1380 kPa). PART 3 - EXECUTION 3.01 EXAMINATION A. General: Ensure that all surfaces to receive lightweight insulating concrete are free of oil, grease, paints/primers, loose mill scale, dirt, or other foreign substances. Where necessary, cleaning or other corrections of surfaces to receive lightweight insulating concrete is the responsibility of the party causing the unacceptable condition of the substrate. B. Substrate Acceptance: With the architect present, examine surfaces to receive the roof insulation system and determine that the surfaces are acceptable prior to placement of the lightweight insulating concrete system. 3.02 PREPARATION A. General: Remove water or any other substance that would interfere with bonding of the lightweight concrete system. 3.03 APPLICATION A. General: Provide equipment and application procedures conforming to the material supplier's application instructions. B. Applications Not Incorporating Expanded Polystyrene Panels: Place lightweight insulating concrete in a 2 inch (25 mm) minimum thickness over the top corrugation of metal decks, over the surface of a prepared substrate, or over the existing membrane surface in recover applications. C. Applications Incorporating Expanded Polystyrene Panels: When the specified expanded polystyrene insulation panels are to be incorporated into the lightweight insulating concrete system, place a 1/8 inch (3 mm) minimum thickness of insulating concrete slurry coat over top of the prepared substrate before embedding the expanded polystyrene insulation panels. Place the thickness of expanded polystyrene insulation panels shown in the approved shop drawings within 30 minutes of applying the insulating concrete slurry coat to the substrate. The maximum allowable panel step in a stair -step design is 1 inch (25 mm). Fill the holes in the expanded polystyrene insulation panels and place a 2 inch (51 mm) minimum thickness of insulating concrete over top of the expanded polystyrene insulation panels within the same day's application. D. Thermal Resistance: Install the specified lightweight insulating concrete system to provide for an [average/minimum] thermal value of R-21 or as shown on the architectural details/drawings. 03520 - 3 y E. Slope: Install the specified lightweight insulating concrete system to provide for a minimum positive roof slope of 114 inch ° per foot unless otherwise noted on the drawings. See the structural drawings for slope provided by the roof framing system. 3.04 FIELD QUALITY CONTROL A. Protection: Avoid roof -top traffic over the roof insulation system until one can walk over the surface without creating surface damage. B. Compressive Strength Testing: The Architect has the option to select an independent testing laboratory to randomly sample the top placement of insulating concrete to verify the thickness and density, and to secure and test compressive strength cylinders in accordance with ASTM C 495. The Owner will be responsible for the cost and engagement of the independent testing laboratory services. C. Application Monitoring: Monitor the thickness and wet density of the lightweight insulating concrete at the time of placement to determine conformance to the manufacturer's requirements. Monitor the placement of proper thickness of polystyrene insulation board in accordance with the contract documents. D. Fastener Withdrawal Testing: Conduct a base ply fastener pull test 3 or more days following the application of the lightweight insulating concrete to ensure a minimum withdrawal resistance of 60 pounds (18 kg) per fastener. 3.05 PATCHING A. Patching: perform all patching and repairing of insulating concrete using materials approved by the lightweight insulating concrete supplier, End of Section 03520 - 4 SECTION 07530 - COAL -TAR ELASTOMERIC ROOFING SYSTEM PART 1-GENERAL 1.01 RELATER WORK A. Section 03520 - Lightweight Insulating Concrete B. Section 07620 - Sheet Metal and Miscellaneous Accessories 1.02 INSTALLER QUALIFICATIONS A. Roofing installer must be: 1. Currently in good standing with the manufacturer. 2. Installer must be an experienced single firm specializing in the type of roofing repair and/or removal and replacement work required, employing only experienced workers for the class of work in which they are employed, having at least five (5) years successful experience on projects similar in size and scope and acceptable as applicators by the Owner's representative. 3. Contractor must have successfully completed previous projects warranted by the manufacturer. B. It shall remain each Bidder's responsibility to determine his current status with the manufacturers certification plan, C. Roofing material manufacturer/distributor shall: 1. Provide a Project Closeout Report upon delivery of the project warranty. This report shall include the following sections: a. Progress reports as a result of roof inspections. b. Job progress photos. a Warranty document. d. Owner's Manual describing maintenance and emergency repair, d. Inspection Report to be completed by the roofing material manufacturer 2 years from project completion. 2. Employ Field Technical Services Representatives available for monitoring project work on a periodic basis. 3. Employ Field Technical Services Representatives available for final roof inspection. 4, Provide local Field Representative to make site visits weekly, report work quality and job progress. field inspections shall be performed by a Manufacturer's full-time employee to verify specification compliance during and until the roof construction is complete and accepted by Owner. An inspection report shall be submitted to the project manager a within twenty- four (24) hours of the field inspection. These inspections shall be provided to the Owner at no additional charge. a. Site visits must be a minimum of 24 hours apart. b. Field reports must include digital photos of job progress. 1.03 QUALITY ASSURANCE A. Testing Laboratory Services: Test results shall meet or exceed established standards.. B. Underwriters Laboratories, Inc.; Roofing Covering: Class A fire hazard classification. C: Comply with governing local, state, and federal regulations, safety standards, and codes. 07530 -1 1' t 1.04 REFERENCES (INCLUDING LATEST REVISIONS) A. American Society far Testing and Materials: 1. ASTM B 209 - 90, Specification for Aluminum and Aluminum Alloy Sheet and i Plate 2. ASTM C 719 - 86, Test Method for Adhesion and Cohesion of Elastomeric Joint Sealants Under Cycle Movement (Hockman. Cycle) 3, ASTM C 794 - 80 (1986), Test Method for Adhesion -in -Peel of Elastomeric Joint Sealants 4. ASTM C 920 - 87, Specification for Elastomeric Joint Sealants 5. ASTM D 312 - 89, Specification for Asphalt Used in Roofing 6. ASTM D 1863 - 86, Specification for Mineral Aggregate Used on Built-up Roofs 7. ASTM D 2178 - 89, Specification for Asphalt Glass Felt Used in Roofing and Waterproofing 8. ASTM D 2824 - 85, Specification for Aluminum - Pigmented Asphalt Roof Coatings 9. ASTM D 4586 - 86, Specification for Asphalt Roof Cement, Asbestos Free 10. ASTM A 361 - 90, Sheet Steel, Zinc -Coated (Galv.) by the Hot -Dip Process for Roofing and Siding 11. ASTM C 177, Test for Thermal Laboratory Services 12. ASTM C 728, Perlite Thermal Insulation Board B. Federal Specifications: a 1. LLL-1-535B 2. SS-A-70113 3. SS-C-153 4. SS-C-153C f 5. SS-R-620S 6. TT C-498C 7. TT-P 320D - 8. TT-S-00227E 9, TT-S-00230C 10. SS-S-001534 (GSA-FSS) 11. L-P-375 C. Industry Standards: 1. The National Roofing Contractors Association (NRCA) - Roofing and Waterproofing Manual 2. Sheet Metal and Air Conditioning Contractors National Association (SMACNA) - Architectural Sheet Metal Manual r j 3. American Society of Civil Engineers -ASCE 7 1.05 SUBMITTALS A. Samples and Manufacturer's Submittals; Submit prior to delivery or installation. 1. Samples of all roofing system components including all specified accessories. 2. Submit samples of proposed warranty complete with any addenda necessary to meet the warranty requirements as specified. 3. Submit latest edition of manufacturer's specifications and installation procedures. Submit only those items applicable to this project; 4. A written statement from the roofing materials manufacturer approving the installer, specifications and drawings as described and/or shown for this project and stating the intent to guarantee the completed project. 5. Manufacturer's Equiviscous Temperatures (EVT) for the specified bitumens. 07530 - 2 1 E II B. Shop Drawings: Provide manufacturer's approved details of all perimeter conditions, projection conditions, and any additional special job conditions which require details other than indicated in the drawings. C. Maintenance Procedures: Within ten days of the date of Substantial Completion of the project, deliver to the Owner three copies of the manufacturers printed instructions regarding care and maintenance of the roof. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver materials in manufacturer's original, unopened containers and rolls with all labels intact and legible including labels indicating appropriate warnings, storage conditions, lot numbers; and usage instructions. Materials damaged in shipping or storage shall not be used. B. Manufacturer's packaging and/or roll plastic is not acceptable for exterior storage. Tarpaulin with grommets shall be minimum acceptable for exterior coverings. All materials stored as above shall be minimum of four inches (4') off the substrate, and the tarpaulin tied off with rope. C. Deliver materials requiring fire resistance classification to the job with labels attached and packaged as required by labeling service. D. Deliver materials in sufficient quantity to allow continuity of work, E. Handle and store material and equipment in such a` manner as to avoid damage. Liquid products shall be delivered sealed, in original containers. F. Handle rolled goods sous to prevent damage to edge or ends. G. Select and operate material handing equipment so as not to damage existing construction or applied roofing. H. Moisture -sensitive products shall be maintained in dry storage areas and properly covered. Provide continuous protection of materials against wetting and moisture absorption. Store roofing and flashing materials on clean raised platforms with weather protective covering when stored outdoors. J. Store rolled goods on end. K. Protect materials against damage by construction traffic. L. The proper storage of materials is the sole responsibility of the contractor and any wet or damaged roofing materials shall be discarded, removed from the project site, and replaced prior to application. M. Comply with fire and safety regulations, especially with materials which are extremely flammable and/or toxic. Use safety precautions indicated on labels. N. Products liable, such as emulsions, to degrade as a result of being frozen shall be maintained above 400 F in heated storage. O. No storage of materials shall be permitted on roof areas other than those materials that are to be installed the same day. Any exception must be in written form. P. The contractor is to erect a temporary chain link fence, minimum six feet (6) in height, around work area stage and kettles. Fence is to be secured on a daily basis. 1.07 SITE CONDITIONS A. Job Condition Requirements: 1. Coordinate the work of the contractor with the work to be performed by the Owner's personnel, to ensure proper sequencing of the entire work. The Owner's personnel will be erecting interior protection for equipment, if required. The contractor is to schedule his work so that adequate time is allowed for the Owner's personnel to perform this work. No roof work shall be performeduntil the Owner's personnel have completed erection of the interior protection in that area. 2. Apply roofing in dry weather. 07530 - 3 3. Do not apply roofing when ambient temperature is below 400 F (4" C). 4. Proceed with roofing work only when weather conditions are in compliance with manufacturer's recommended limitations, and when conditionswilt permit the work to proceed in accordance with specifications. 5. For further information regarding roofing material manufacturer's recommendations for project conditions, refer to the manufacturer's published application manual. y 6. Schedule the work so the building Wit be left watertight at the end of each day. Do not remove more roofing or insulation material than can be reinstalled s in any working day. 7, All surfaces to receive new roofing shall be smooth, dry, and free from dirt, debris, and foreign material before any of this work is installed. Competent operators shall be in attendance at all times equipment is in use. Materials shall be stored neatly in areas designated by the Owner. Load placed on the roof at any point shall not exceed the safe load for which the roof is designed. 8. The contractor shall take all necessary precautions to protect the roof mat and deck from damage. The contractor shall be responsible for repairing all new areas of damage caused by the negligence of the contractor, at the contractor's expense. The Owner's on -site representative shall determine damage caused by contractor negligence. 9. The contractor is to be aware of the potential for roof leaks on the existing roof as a result of ruptured blisters and/or roof mat damage caused by the 1 vacuum process, foot traffic, or material and equipment storage. The contractor is to take all necessary precautions to prevent damage to the existing roof. All damage to the existing roof that could result in roof leaks is to be repaired on a daily basis by the roofing contractor. 10. The contractor shall follow local, state, and federal regulations, safety standards, and codes for the removal, handling, and disposal of asbestos containing materials, if present. When a conflict exists, use the stricter document. 11. Follow insurance underwriter's requirements acceptable for use with specified products or systems. j_ { 12. Due caution should be exercised so as not to alter the structural integrity of the deck. When cutting through any deck, care should be taken so as not to damage the deck or any part of the deck, such as post tension cables, etc. 13. All kettles shall have an automatic thermostat control, fume recovery system and temperature gauge, all in working order. 14. The contractor is to verify the location of all interior ducts, electrical lines, piping, conduit, and/or similar obstructions. The contractor is to perform all work in such a manner as to avoid contact with the above mentioned items. 15. Surface and air temperatures should be a minimum 45" F during applications 3 of cleaner and waterproof coating and remain above 450 F for a minimum of four (4) hours following applications. Verify compatibility of cleaner with coatings, paints, primers and joint sealers specified. Advise Owner's l representative of any problems in this regard prior to commencing cleaning operations. 16. Temporary Sanitary Facilities: The contractor shall furnish and maintain l temporary sanitary facilities for employees' use during this project. These wilt i be removed after the completion of the project, Ali portable facilities shall comply with local laws, codes, and regulations. S. Protection of Work and Property: r 1. Work: The contractor shall maintain adequate protection of all his work from 07530 - 4 damage and shall protect the Owners and adjacent property from injury or loss arising from this contract. He shall provide and maintain at all times any [ OSHA required danger signs, guards, and/or obstructions necessary to protect the public and his workmen from any dangers inherent with or created by the work in progress. All federal, state, and city rules and requirements pertaining to safety and all EPA standards, OSHA standards, NESHAP regulations pertaining to asbestos as required shall be fulfilled by the contractor as part of his proposal. 2. Property: Protect existing planting and landscaping as necessary or required to provide and maintain clearance and access to the work of this contract. Examples of two categories or degrees of protection are generally as follows: I a) removal, protection, preservation, or replacement and replanting of plant materials; b) protection of plant materials in place, and replacement of any damage resulting from the contractors operations,. 3, Twenty-four Hour Call: The contractor shall have personnel on call 24 hours per day, semen (7) days per week for emergencies during the course of a job. The Owner's Project Manager is to have the 24 hour numbers for the contact. Contractor must be able to respond to any emergency call and have personnel on -site within two (2) hours after contact. Numbers available to the Owner's Project Manager are to be both home and office numbers for: a. Job Foreman b. Job Superintendent C. Owner or Company Officer C. Damage to Work of Others: The contractor shall repair, refinish, and make good any j damage to the building or landscaping resulting from any of his operation. This shall include, but is not limited to, any damage to plaster, the work, wall covering, paint, ceilings, floors, or any other finished work. Damage done to the building, equipment, or grounds must be repaired at the successful contractor's expense holding the Owner harmless from any other claims for property damage and/or personal injury. D. Measurements: it will be the contractors responsibility to obtain and/or verify any necessary dimensions by visiting the job site, and the contractor shall be responsible for the correctness of same. Any drawings supplied are for reference only. E. Use of Premises: 1. The contractor Is advised that the Owner will occupy the building at all times, and the contractor must provide all safeguards required to protect personnel and to keep noise levels as low as reasonably possible for each operation. j 2. The contractor shall: a. Coordinate work in such a manner as to not interfere with the normal operation of the building. _ b. Assume full responsibility for protection and safekeeping of products stored on premises. C. Agree to hold the Owner harmless in any and all liability of every nature and description which may be suffered through bodily injuries, including death of any persons by reason of negligence of the contractor, agents, employees, or subcontractors. F. Cleaning and Disposal of Materials: 1, Contractor shall keep the job clean and free from all loose materials and foreign matter. Contractor shall take necessary precautions to keep outside walls clean and shall allow no roofing materials to remain on the outside walls. 2. All waste materials, rubbish, etc., shall be removed from the Owner's premises as accumulated. Rubbish shall be carefully handled to reduce the i spread of dust. A suitable scrap chute or hoist must be used to lower any 07530 - 5 debris. At completion, all work areas shall be left broom clean and all contractor's equipment and materials removed from the site. r .4 3, All bituminous or roofing related materials shall be removed from ladders, stairs, railings, and similar parts of the building. 4. Debris shall be deposited at an approved disposal site, r , 1.08 WARRANTY A. Roofing - Manufacturer: Project shall be installed in such a manner that the roofing material manufacturer will furnish a written Twenty (20) year NDL type warranty with no exclusion for hall events containing hail stones up to and including four inches (4") from the date of substantial completion of the completed project. Manufacturer issuing warranty shall provide historical data supporting hail resistance. 1, Warranty includes roofing membrane, base flashings, roofing membrane accessories roof insulation fasteners cover boards substrate board walkway products and other components of roofing system including those manufactured by others. a. Insulation materials, fasteners, and adhesives. b. Roof membrane components and adhesives. C. All metal edge components including cleat strips. d. All tapered edge and cant strips. e. All surface mastics, coatings, stripping, plies, etc. f. All drain and scupper flashings. g. Any roof leaks or other problems caused by substrate movement of any component other than the deck shall not be excluded. h. Any movement associated with metal edge joints or flanges causing leaks. j. Damages caused by wind speed up to 120 miles per hour. k. Permanent tie-ins and/or control joints separating new and old roofing. B. Roofing - Contractor. The contractor, jointly with any subcontractors employed by him, shall guarantee the work required and performed under this contract will be free from defects in workmanship and materials, and that the building will be and remain waterproof for a Five (5) year warranty period, after the Owner accepts the work as substantially complete. The warranty shall be in approved notarized written form, to obligate the contractor and his subcontractors, if any, to make good the requirements of the warranty. C. Warranty repairs shall be performed by a certified installer. The repairs shall be performed in accordance with the manufacturers written instructions and recommended procedures so as to not void the warranty. Repair of the system, including materials and labor, shall be done at no cost to the Owner. D. During the proposal period each Bidder shall make arrangements with the material manufacturer to provide the required warranty. Refer to Paragraph 1.05 SUBMITTALS in this section for requirements concerning submittals of warranty. PART 2 - PRODUCTS 2.01 GENERAL A. All materials shall be furnished, specified, or approved in writing by the manufacturer issuing the warranty/Hyload, Inc., 9976 Rittman Road, Wadsworth, Ohio 44281, or approved equal. 07530 - 6 B. Samples of all materials used on the project, which are not supplied by the membrane manufacturer, shall be submitted to the membrane manufacturer for written approval prior to work starting. C. All materials used on the project shall be asbestos free. 2.02 FINISH MEMBRANE A. The coal -tar elastomeric, membrane (CTEM) shall be 60 mil overall calendered thickness. The membrane shall be a high-performance elastomeric membrane incorporating a DuPont"A Eivaloyp KEE (ketone ethylene ester), exterided "with coal -tar pitch and reinforced with polyester fibers as manufactured by Hyload, Inc., or approved equal, B. The coal --tar elastomeric membrane - (CTEM), shall meet the following physical properties: Elongation 170%, ASTM D 412; Tensile Strength 1500 ibsrnz, ASTM D 412; Tear Strength 330 ppl, ASTM D 624; Density @ 70' F, 80 ibslftLow Temperature Flexibility, Pass, 37-GP-56M; and Water Absorption less than 0.1%, 37-GP-56M. 2.03 BASE FLASHING A. Base flashing shall be same material as the coal -tar elastomeric finish membrane (CTEM) and be installed using the design principles set forth in the National Roofing Contractors Association Manual. 2.04 SELF ADHERING WELDED -SEAM VERTICAL FLASHING MEMBRANE A. Membrane shall be nominal fifty (50) mil in overall thickness consisting of thirty-five (35) mil thick calendered coal -tar elastomeric membrane thickness with fifteen (15) mil thick backing of styrene butadiene styrene (SBS) adhesive. The self -adhering membrane shall be a high-performance elastomeric membrane incorporating DuPont"" Elvaloyo KEE (ketone ethylene ester), extended with coal -tar pitch and reinforced with polyester fibers as manufactured by Hyload Inc., or approved equal. B. The self -adhering welded -seam membrane shall meet the following physical properties: Elongation 170%, ASTM D 412; Tensile Strength 1500 ibsrn?, ASTM D 412; Tear Strength 300 ppi, ASTM D 624; Density @ 70° F, 80 Ibs/fr3; Low Temperature Flexibility, Pass, 37-GP-56M; and Water Absorption less than 0.1%, 37-GP-56M. Roll shall have one and one-half inch (1-1/2') wide dry lap for hot-air welding. 2.05 BITUMEN A. Shall be ASTM D 312 Type IV extra steep asphalt. 2.06 CAULKS A. Sealant for use at coping joints, reglet joints, etc., shall be a one -component urethane non -sag, gun grade sealant designed for use in active exterior joints, and shall meet or exceed Federal Specification No. 1 TT S-00230C, Type 11, Class A, ASTM C 920. Where joint surfaces are contained or are contaminated with bituminous materials, provide manufacturer's modified -type sealant (modified with coal -tar or asphalt as required), as manufactured by Sonneborn (RC-708), or approved equal. B. To seal the leading edge of the CTEM membrane, to bond CTEM at terminations with metal, and for open CTEM seam repair, sealant shall be a thermosetting, solvent free, non -slump, self-fixturing, multipurpose structural sealant which shall meet the following physical and performance properties, M-1 as manufactured by Chem Link, Inc., or approved equal. 07530 - 7 ro er ies Specific Gravity 1.62 (13.5lbs.lgallon) Viscosity 800,000 cps Brookfield RTV, TF spindle, 4 rpm 70 degrees F. Shear Strength (ASTM D 1002) 300 psi+ (7 day ambient care) Elongation @ break (ASTM D-412) 300% (7 day ambient cure) Hardness Shore A (ASTM C-ffii) 50 55 (14 day ambient cure) Tack free time.(AS I MM C-679) 35 minutes Low temperature flex Minus 20 degrees F: PASS Slump (sag) (ASTM 0-639) Zero slump Shrinkage (ASTM D-2453) No measurable shrinkage (14 cay cure) Semite temperature -40 degrees F to 200 degrees F 2,07 PITCH PAN SEALANT A. Shall be one -part, self -leveling polyurethane sealant meeting Federal Specification No. TT-S-00230C, Type 1, Class A, ASTM C 920, Type S, Grade P, Class 25, for use in new pitch pans as manufactured by Sonneborn (RC-710), or approved equal. 2,08 CANT STRIP A. Shall be wood fiber where used for non-structural purposes. Shall be treated solid wood where used for structural purposes meeting NRCA, FM Global and Underwriters Laboratory guidelines. If solid wood cant is used where insulation exists, cant is to be toe nailed into treated solid wood nailer the same height as insulation. 2.09 WOOD A. All nailers and wooden curbs shall be lumber as required by NRCA, FM Global and Underwriters Laboratory guidelines, 2.10 FASTENERS A. Fasteners and fastening plates or bars shall be listed in the FM Global Approval Guide, and be as recommended by the fastener manufacturer for the specific application. 8. Fastener for Brick: Shall be one-fourth inch by two inches (1/4 x 2"), zinc with plated steel or stainless steel nail, one piece unit, flat head, as manufactured by Rawl Zamac Nailin, or approved equal. C. Fastener for Steel Deck: Shall be a #14 fastener, fluorocarbon coated, with CR-10 coating. A minimum .200 diameter shank and .250 diameter thread. To be used with round pressure plates or bar, and having a fluorocarbon CR-10 coating, when subjected to thirty (30) Kesternich cycles (DIN 50018) shows less than 10% red rust which surpasses FM Global Approval Standard 4470, as manufactured by Olympic Manufacturing Group, Inc., or approved equal. Fasteners, plates, and/or bars shall be listed in the FM Global Approval Guide. D. Toggle: Shall be a toggle bolt, fluorocarbon coated, with CR-10 coating. A minimum .215 diameter shank and a minimum twenty (20) threads per inch, with a two and one-half inch (2-1/2") wing span. To be used with bar or round pressure plates, and having a fluorocarbon CRA 0 coating, when subjected to. thirty (30) Kestemich cycles (DIN 50018) shows less than 10% red rust which surpasses FM Global Approval Standard 4470, as manufactured by Olympic Manufacturing Group, Inc., or approved equal. Fasteners, plates, and/or bars shall be listed in the FM Global Approval Guide. E. Fastener for Lightweight Concrete Deck: Shall be a split shank, one piece fastener, to be used with a two and three -fourths inch (2-3/4") bilateral metal plate, both G-90 galvanized, as manufactured by Olympic Fasteners, or approved equal. Fasteners and plates shall be listed in the FM Global Approval Guide. 07530-8 1. i..1. 2,11 ROOFING AGGREGATE A. ASTM D 1863 covers the quality and grading of crushed stone and water wom gravel suitable for use as coarse mineral aggregate. B. General Characteristics of Crushed Stone and Gravel: The stone and gravel at the time of application shall be hard, durable, surface dry (tap to 21/o) by weight moisture content), free of clay, loam, sand, or other foreign substances, and shall conform to size grading and property requirements. C. Grading: The aggregate shall conform to sieve analysis as follows: Sieve 14,t t Pass 3/4' 100 1/2' 90 to 100 3/8' 400 to 70 No. 4 0 to 15 No. 8 0 to 5 D, Physical Property Requirements: Moisture, crushed stone and gravel 2.0% max. Unit Weight (loose)60 lbsdcu. ft., min. Dust 0.5% max. Hardness, amount passing 20% max. No. 5 (3.36 mm) sieve when tested in accordance with ASTM D 1865 2,12 ASPHALT PLASTIC ROOF CEMENT A, Trowel -applied mastic used to repair blisters, splits, and flanges on gravel stops, stacks, vents, and similar applications, Hand! -Gard RC-202, as manufactured by [ Gibson Homans Company / GAF, or approved equal. Applicable Federal Specification SS-C-153C, Type I ASTM D 4586 Flash Point 1050 F Weight per gallon (approximate) 11 Ibs. Viscosity @ W F (ASTM D 217) 270-330 • Non-Vola# le (Fed. Test Method 141) 70% Min. • Specially Processed Bitumen 30% Mina % Total Solids, by Volume 75°k .Min. L_. D film thickness of 1 al./15 s ft. 85 MII9 Dry 9 Q• Drying time 2 to 3 days Service Temperature, Extended Exposure -20°to t150* F Resistance to Oils & Solvents Poor Resistance to Sunlight Good Resistance to Chemicals Good Effects of Weathering Slightchalking Water Resistance Under Goal Drainage Conditions Excellent Under Continuous Submersion Fair 2.13 FELTS A. Shall be Underwriters Laboratory approved and listed in the FM Global Approval Guide. ! B. Shall be Type IV fiberglass ply sheet, Underwriters Laboratory Type G-1, meeting Federal Specification No, SS-R-620B, ASTM D 2178, Type III, as manufactured by GAF, or approved equal. ( C. Shall be twenty-eight pound (28#) fiberglass base sheet, Underwriters Laboratory Type G-2, meeting Federal Specification No, SS-R-6208B, Type Il, as manufactured by GAF, or approved equal. 2,14 ASPHALT ROOF PRIMER A. Quick -dry asphalt -based primer for priming of asphalt roof surfaces, Hand! -Gard 1_ 07530 - 9 RC-114, as manufactured by Gibson Homans Company / GAF, or approved equal. Applicable Federal Specification SS -A 70113 ASTM D 41 Flash Point 1 W F Viscosity at W F (ASTM D 217) 50-60 K.U< Weight per gallon 7.4 pounds Drying time (to touch) Min. 4 hours 2.15 FIBERGLASS COATED MEMBRANE A. A non -rotting, non -absorbent woven fiberglass membrane having a vinyl coating designed for membrane reinforcement for all roof repairs. Compatible with either tar or asphalt bitumens, having ten (10) open -weave squares per inch, 2.16 ASPHALT FLASHING CEMENT (_ A. Designed for laying -up cold process roof membrane flashings where fast -setting adhesive is required, Handi-Gard RC-204, as manufactured by Gibson Homans Company/Gulf States, or approved equal. Applicable Federal specification SS-C-153C. Type I ASTM D 4586 Flash Point 105° F (41° C) Weight per gallon (approximate) 10Z lbs. Viscosity (a@ 77° F (25° C) (ASTM D 217) 230-330 % Non -Volatile (Fed. Test Method 141) 68% Min. % Specially Processed Bitumen 421% Min. % Total Solids, by Volume 60PA Min. Cured film thickness of 1 gal/15 sq. ft. 75 Mils Drying time 2 to 3 days Service Temperature, Extended Exposure -40* to +18(r F Resistance to Oils & Solvents Poor Resistance to Sunlight Good Resistance to Chemicals Good Effects of Weathering Slight chalking Water Resistance Under Good Drainage Conditions Biccellent Under Continuous Submersion Fair 2.17 LEAD JACKS A. Shall be four pound (4#) lead, and of dimensions required to completely cover existing plumbing stack. 2.18 LEAD FLASHING DRAINS A. Shall be four pound (4#) lead, minimum thirty-six inches by thirty-six inches (36" x 36"), used for flashing of internal drains. 2.19 TERMINATION/PRESSURE BARS A. Aluminum strip shall be extruded channel bar with a mill finish, height to be one inch (11), thickness to be 0.25" t 0.111, leg height to be one-fourth inch (1/4") top and bottom, leg angle to be ninety degrees (90°), for perimeter and curb anchorage, having predrilled holes six inches (6) on center, as manufactured by Olympic Fasteners, or approved equal. 2.20 DELIVERY AND STORAGE A. All materials shalt be delivered with appropriate carton and can labels indicating appropriate warnings, storage conditions, lot numbers, and usage instructions. Materials damaged in shipping or storage shall not be used. 07530 -10 i 2.21 PRECAUTIONS A. Some of the indicated materials are extremely flammable and/or toxic. Use precautions indicated on can and carton labels. 2.22 MULTI -COMPONENT POLYURETHANE SEALANT A, Except as otherwise indicated, provide manufacturer's standard; non -modified, 2-or-more-part, polyurethane -based, elastomeric sealant; complying with either ASTM C 920, Type M, Class 25, or FS TT-S-00227E, Class A; self -leveling grade/type where used in joints of surfaces subject to traffic, otherwise non -sag grade/type, as manufactured by Sonnebom, or approved equal. B. Durability: Less than 0.5 square inch adhesion/cohesion loss for three (3) samples of both mortar and aluminum; ASTMI C 719 test procedure. C. Adhesion in Peel: Fifteen pound (15#) peel strength and 10% maximum loss of bond to substrate; ASTM C 794, D. Bituminous Modification: Where joint surfaces contain or are contaminated with bituminous materials, provide manufacturer's modified type sealant which is compatible with joint surfaces (modified with coal -tar or asphalt as required). 2.23 SEALANT BACKER ROD A. Provide compressible rod stack of polyethylene foam, polyurethane foam, polyethylene jacketed polyurethane foam, butyl rubber foam, neoprene foam or other flexible, permanent, durable, non -absorptive material as recommended by sealant manufacturer for back-up of and compatibility with sealant. Where used with hot -applied sealant, provide heat -resistant type which will not be deteriorated by sealant application temperature as indicated. 2.24 MISCELLANEOUS MATERIALS A. Other materials shall be as specified or of the best grade for the proposed use as recommended by the manufacturer. PART 3 - EXECUTION 3.01 REFERENCE A. The manufacturer's Technical Specifications and current NRCA, Underwriters Laboratory and IBC guidelines shall be considered a part of this specification and should be referred to for more specific application procedures and recommendations. B. Application of materials shall be in strict accordance with the manufacturer's recommendations and current NRCA, Underwriters Laboratory and IBC guidelines, except where more stringent requirements are shown or specified. In the instance of a conflict between these specifications and those of the manufacturer and/or current NRCA, Underwriters Laboratory and IBC guidelines, the more stringent specifications shall take precedence. C. General Installation: 1. Comply with governing local, state, and federal regulations, safety standards, and codes. 2, Protect adjacent areas with tarpaulin or other durable materials. 3. Contractor shall prevent overspray, and be responsible for parking lot areas and/or adjoining areas not part of this contract, 4. Contractor shall be responsible for sealing, as required, all openings that may allow bitumen migration or drippage, i.e. pitch dams, envelopes, and filler 07530 -11 strips. �l 5. Prepare surfaces according to manufacturer's or applicator's published instructions. All metal that is to receive bitumen, or come in contact with { bitumen or adhesive, shall be first primed with appropriate primer. Any prefinished galvanized sheet steel that is to receive bitumen, or come in , contact with bitumen or adhesive, shall be scored, scuffed or abraded before receiving primer application. 6. Use cleaning materials or primers necessary to render an acceptable surface/substrate. 1 7. All surfaces/substrates shall be clean and dry prior to application of materials. l 8. Prior to application of felts and membrane, all foreign matter, gravel, etc., shall be removed from the insulation and/or substrate. Gravel or debris between ' the insulation/substrate and plies is not acceptable.. 9. Prior to application of flashing membranes, substrate shall be clean and free of any previously installed roofing materials. Contractor shall ensure that all components of substrate be structurally sound before application of flashing materials. 10. Bitumen kettle shall have a fume recovery system, and visible thermometer to 1 provide positive monitoring of the bitumen temperature when it is heated in accordance with manufacturer's instructions. 11, Ambient temperature shall be 45' F and rising. 12. The maximum heating temperature of Type IV asphalt shall be 525' F. 13. The temperature of Type IV asphalt shall be approximately 4750 F -h at the point of application. 14. Do maintain kettle and/or tanker temperature at least 25" F below the actual flash point of the bituminous materials used.-- 15. Never heat the bituminous materials at high temperatures for prolonged periods of time, 16. Do not allow bituminous materials to stand in luggers for long periods. m. 17. Do circulate bituminous materials. 18. Do insulate hot transport lines if required. 19. The base sheets and the 60 mil coal -tar elastomeric membrane (CTEM) are to be laid in the direction of maximum roof slope, working from bottom of slope toward ridge. 20. All roof areas will be picture framed with the 60 mil coal -tar elastomeric membrane (CTEM) as the system is being applied. The outer edge of the picture frame sheet shall extend approximately two inches (2") above the top of the cant. All end laps of the field sheets of the 60 mil coal -tar elastomeric membrane shall lap the picture frame sheet a minimum of eight inches (8') or the picture frame sheet side laps shall lap the field sheet a minimum of eight inches (8"). 21. Wrinkles, buckles, kinks, and fishmouths are not acceptable when laying felt and membrane. 22. Dry voids of felt on felt or membrane on membrane are not acceptable. 23, All fiashings shall be mechanically top -fastened with a termination bar a minimum of six inches (6") on center at the top leading edge, and be a minimum of eight Inches (81) in height from finished membrane. 3.02 SUBSTRATE PREPARATION A. Tear -off: Remove all built-up roofing, flashing, insulation, and sheet metal down to the original vapor barrier. Substrate shall be smooth, free of debris, sharp edges, and other surface irregularities prior to starting roofing application. Substrate repair shall 07530 -12 be performed as required to minimum of NRCA standards. B. All existing drains shall be plugged with standard plumbing plugs in order to ensure that their performance will not be allowed in the future. C. A new temporary roof membrane shall be installed utilizing hot asphalt and felt in order to ensure that the building Is kept watertight during the installation of the new lightweight deck assembly. 3.03 NAILERS A. Wooden nailers shall be Installed at gravel stops, drip edges, and expansion joints on outside perimeter of building according to NRCA, Underwriters Laboratory and IBC guidelines. B. All Construction: Gravel stop and drip edge nailers shall be the same height as the new insulation being installed where required. Nailers shall be raised if necessary by anchoring an additional nailer of appropriate height to the existing nailer if the existing nailer is not to be replaced. Nailers shall be anchored to resist a pull-out force of one hundred seventy-five pounds (175#) per foot, Fasteners shall be no less than two (2) per nailer, and be spaced at three feet (35 on center maximum. Expansion joint nailers shall extend upward a minimum of eight inches (6') above finish roof height,. C. Where parapet wadi exists, fire treated plywood lumber must be installed a minimum of twelve inches (12") above finished roof surface to provide substrate for horizontal termination of roof to wall flashing system. 3.04 MECHANICALLY FASTENED BASE PLY A. Substrate shall be covered with a fiberglass base sheet mechanically fastened as follows: B. Securement shall conform to the ASCE 7 criteria for wind uplift as dictated by wind zone applicable to location of project. Fasteners and fastening patterns shall be determined by building height, location and geographical area of the United States. It is the contractor's responsibility to consult current publications, literature, and bulletins of IBC and the fastener manufacturer that are in effect at the time of this project. 3.05 APPLICATION OF PLY SHEET(S) A. Base sheet and/or insulation shall be covered with two (2) layers of fiberglass ply sheet Type IV fully adhered as follows: B, All layers shall be solid mopped at the nominal rate of thirty pounds (30#) -- 20% per one hundred (100) square feet using steep asphalt Type IV as required by slope, properly heated. Specified layers shall be applied in accordance with the manufacturer's recommendations and in accordance with general practices as set forth by the NRCA Roofing Manual. C. Use starter sheets at all edges as required. Two-ply underiayment requires a nineteen inch (19") starter sheet. 3,06 APPLICATION OF FINISH MEMBRANE PLY A. Unroll at least ten feet (19) of the 60 mil coal -tar elastomeric membrane (CTEM) and position the sheet. The properly heated steep asphalt (per specification) should be applied at the rate of approximately thirty pounds (30#) ± 20% per one hundred (100) square feet with a mop just ahead of the roll of the CTEM to form a pool of asphalt into which the membrane is to be rolled. The roll of CTEM should push a puddle of asphalt ahead of it with no voids. Care should also be taken not to trap air under the membrane. The pool of asphalt in front of the roll will eliminate entrapped air. 07530-13 a B. The asphalt must be mopped so as to extend beyond both edges of the sheet. The amount of asphalt should be just sufficient for excess asphalt to squeeze out along the edges. C. Picture frame all roof areas with 60 mil coal -tar elastomeric membrane (CTEM) as finish membrane ply is being applied. Rectangular type projections should also be ' picture framed. s 3.07 LAP SPLICE A. Coal -tar elastomeric membrane (CTEM) shall be installed as above with side lap minimum three inches (3"), no maximum. End laps shall be minimum eight inches (81, no maximum, and staggered a minimum of four feet (45, no maximum. B. Lap Splice with Bitumen: The membrane shall be laid in the same direction as the base sheet, but the laps shall not coincide with the base sheet. While asphalt is still hot, pressure shall be applied to the laps with a trowel or similar tool to ensure complete contact with the asphalt, and a squeeze-oLd of bitumen shall be visible. The side laps in the 60 mil coal -tar elastomeric membrane (CTEM) should not be located above those In the base sheet, but located to one side or other to avoid excessive ply build-up. Lack of or no side lap bitumen squeeze -out is not acceptable. Contractor shall cut away dry material to dry material, and install a minimum of twelve inch (12") wide membrane overlaid in hot bitumen. C. Seams/Laps: 1. All laps/seams, cross seams, T joints, seams/openings at penetrations, or other details shall be sealed and checked daily, no variance. 3.08 PERIMETER FASTENING A. Wood hailers are required for perimeter gravel stops or drip edges. Field membrane and all plies shall be mechanically fastened to nailer on twelve inch (121) centers maximum. 3.09 BASE FLASHING (APPROXIMATELY 8" IN HEIGHT MINIMUM) A. Base (lashings shall be installed using the 60 mil overall calendered thickness coal -tar elastomeric roof membrane (CTEM) flashing, with length of run not to exceed ten linear feet (1 M. B. Wooden hailers or curbs shall be installed at all edges and openings in the roof, mechanically fastened to the deck. C. Cant strips shall be installed at the intersection of the deck and all vertical surfaces. D. The roofing Meld membrane shall extend up over and two inches (2') above the top of cant strips at all vertical intersections or out to the roofs edge, E. All existing substrates receiving flashing membrane shall be dean and primed with asphalt primer, prior to application. F. Flashing membrane shall always be installed with two (2) plies of Type IV glass felt as an underlayment. Both the Type IV glass felt underlayment and the flashing membrane shall be set In hot asphalt. NOTE: Care shall be taken to avoid asphalt contamination at end laps where the vertical laps the CTEM must be hot-air welded. G. All flashings shall be mechanically fastened with a termination bar a maximum of six inches (V" on center, be a maximum of eight inches (8") above finished roof height, extend a minimum of nine inches (9") onto the field of horizontal roof membrane, and not exceed ten linear feet (1(Y) of run in length, H. All flashings terminated with a pressure bar shall have an additional counterflashing installed immediately above the pressure bar. The counterflashing shall extend a minimum of two and one-half Inches (2L1/2') below the pressure mounted termination bar. Both the top edge of the surface mounted termination bar and the surface 07530-14 mounted counterflashing shall be sealed with a liberal bead of sealant. J. All vertical flashing lap seams of the coal -tar elastomeric membrane (CTEM) shall be hot-air welded, and not exceed ten feet (10) on center. K. All flashing membrane shall be hot mopped to the vertical flashing and to field of roof membrane; hot-air weld vertical laps. NOTE: Once the CTEM membrane has been contaminated with hot asphalt, it is not possible to clean the asphalt off and hot air weld it for a long term effectiveness. A patch of CTEM must be welded over the area large enough- to be welded one and one-half inches (1-1/2") past any contaminated area. L. Flashing laps shall be minimum three inch (3) width, no maximum. Hot-air weld of _ flashing lap shall be minimum one and one-half inch (1-1/2) width, no maximum, M. Hot -Air Welding of Flashing Laps: 1. When using a hand-held hot-air welder, the seams should be pressed together using a hand-held roller. The speed and temperature settings of the welding equipment can be affected by the weather conditions at the site of --- application, therefore, these parameters should be set by trial and error using two (2) pieces of the coal -tar elastomeric membrane (CTEM). Minimum width - ' of hot-airmid one and one-half inches (1-1/2" ), no maximum. 2, Lay the laps together and apply pressure to the welded seam to ensure full adhesion. 3. Allow the seams to set fully, and probe the entire length for voids. Reseam i voids immediately with a hot-air gun and roller. N, All hot-air welded seamafts shall be tested daily with a rap be for integrity. no r . variance. 3.10 SELF -ADHERING WELDED -SEAM VERTICAL WALL FLASHING (FOR USE APPROXIMATELY (B-) ABOVE THE FINISHED ROOF LINE AND EXTENDING UPWARD) A. Self -adhered welded seam membrane flashing shall be installed on the vertical beginningbgginning approximately eight inches (8") above the finished roof line (where the coal - tar elastomeric membrane is terminated), with length of run not to exceed the width of the material roll. Strapped flashing method shall be installed in strict accordance with the manufacturer's recommendations. B. The termination bar used to terminate the eight inch (8") high base flashing shall be used to terminate the lower edge of the vertical flashing. This will cause the termination bar to be burled at the eight inch (8`) minimum height. Care should be taken to ensure the top edge of the base flashing and bottom edge of the vertical flashing are both secured. C. All existing substrates receiving flashing membrane shall be clean and primed with asphalt primer, prior to application. D. All substrates receiving welded -seam flashing membrane shall be clean and primed with asphalt primer, prior to application. E. Flashing membrane shall be installed with Type IV glass. felt as an underiayment. The Type IV glass felt shall be set in hot asphalt and properly primed prior to the application of the self -adhered welded seam membrane. F. Flashing membrane shall be installed with a self -adhered welded seam membrane as an underlayment. The self -adhered welded seam underlayment shall be properly primed prior to the application of the self -adhered welded seam membrane. G. All vertical flashing lap seams of the self -adhered welded seam membrane shall be hot-air welded, NOTES Once the CTEM membrane has been contaminated with hot asphalt; it is not possible to clean the asphalt off and hot air weld it for a long term effectiveness. A patch of CTEM must be welded over the area large enough to be welded one and one-half Inches (1-1/21) past any contaminated area. 07530 -15 H. Flashing laps shall be minimum three inch (3) width, no maximum. Hot-air weld of flashing lap shall be minimum one and one-half inch (1-1/2") width, no maximum. .l. Immediately following the laying of the self -adhered welded seam membrane, it shall be pressed or rolledin the width direction of the membrane. This will prevent excessive entrapment of air beneath the membrane. The pressing or rolling shall be in the width direction and with the laps so as nit to buck the laps. K. Any flashing extending further than eight inches (8") up onto a vertical surface shall be installed using the strapped method and must be fastened with a termination bar or installed up and over the parapet wall and fastened to the nailer on the outside of the WWI, L. All vertical welded seam flashing extending further than eighteen inches (18") up onto a vertical surface shall be installed using the strapped method and must be fastened at the lower edge of the membrane with a wrapped termination bar. Wrapped termination bars shall be installed approximately eighteen inch (18") apart continuing up the vertical until the membrane can be installed up and over the parapet wall and fastened to the nailer on the outside of the wall. t__a M. The self -adhered welded seam flashing membrane shall be run up the wall in three foot (3) widths, run under the coping cap and be terminated on the outside of the wall six inches (6") on center; then the coping cap shall be reset. All side laps are to be hot-air welded. N. All flashings terminated with a pressure bar shall have an additional counterflashing installed immediately above the pressure bar. The counterflashing shall extend a i minimum of two and one-half inches (2-1/20) below the pressure mounted termination bar. Both the top edge of the surface mounted termination bar and the surface mounted counterflashing shall be sealed with a liberal bead of sealant. 0. Hot-air Welding Laps: 1. When using a hand-held hot-air welder, the seams should be pressed together using a hand-held roller. The speed and temperature settings of the welding equipment can be affected by the weather conditions at the site of application, therefore, these parameters should be set by the contractor by using two (2) pieces of self -adhered welded seam membrane. Minimum Width of hot-air weld shall be one and one-half inches (1-1/2"). 2. Lay the laps together and apply pressure to the welded seam to ensure full adhesion. 3. Allow the seams to set fully, and probe the entire length for voids. Reseam voids immediately with a hot-air gun and roller. P, All hot-air welded seamsAgps shall be tested daily with a Urobe for inte r€ no variance. Q. Any lumber or shimming required for attachment or to make material flashing flush or level with offsets and/or transitions shall be incorporated in the flashing specifications. 3.11 DRAIN FLASHINGS A. All drains shall receive new lead flashings. Flashings shall be installed in strict accordance with manufacturers recommendations and with practices as set forth in the NRCA Roofing Manual. B. Drain shall be covered with the 60 mil coal -tar elastomeric roofing membrane (CTEM) and underlayment plies as specified, slitting the membranes over the drain hole. C. Lead flashings as specified shall be installed and primed with asphalt base primer and allowed to dry prior to application of flashing layers. D. Lead flashing shall be covered with flashing membranes consisting of one layer of fiberglass ply sheet and one layer of 60 mil coal -tar elastomeric roofing membrane (CTEM). Each layer shall be installed in a solid bed of asphalt bitumen as specified 07530 -16 and shall extend a minimum of twelve inches (12") past the outer edges of the three by three foot (3` x 3) lead flashing. Flashing membranes and lead flashing shall be slit over the drain hole, cutting excess material from the interior of the drain bowl. 3.12 PROJECTION FLASHINGS A. Plumbing Vents Soil vent stack pipes shall receive new lead flashings installed in strict accordance with practices set forth in the NRCA Hoofing Manual. The lead shall be carried up and over the top of the stack, and crimped down into the pipe to form a watertight seal. Projections that cannot be sealed thus should be boxed in and flashed as recommended by the roof membrane manufacturer. B. Square Projections: Lay the 60 mil coal -tar elastomeric membrane (CTEM) up to the projection, and cut membrane so that it will extend twelve inches (12) beyond the projection. Cut a slit in the membrane to correspond with the position of the projection, and lay the membrane in hot asphalt. Apply another layer of membrane in exactly the same fashion, but from the opposite direction. For metal flange -type projections, after doing above, strip in with six inch (61) strips of membrane. C, Round Projections: Cut membrane square and eighteen inches (181 from perimeter of projection. Slit square membrane of proper size to ensure a close fit and positive seal. Place over projection, and adhere to clean membrane already on the roof. Cut a six inch (6") piece of membrane to apply as a collar, and secure with an all stainless steel clamp. 3.13 CURB FLASHINGS A. The flashing substrate shall be free of any dirt and loose material. g. The underlayment ply or plies and the coal -tar elastomeric membrane (CTEM) shall be brought to two inches (2") past the top of the cant strip and adhered. C. Starting on the roof at least six inches (6) from the roofside edge of the cant strip, adhere one (1) ply of Type IV ply sheet extending over the cant and up the vertical a minimum of eight inches (81. Each lap of the ply sheet shall be a minimum of three inches (3). D. Over the Type IV ply sheet starting on the roof at least eight inches (9) from the roofside edge of the cant strip, adhere the coal -tar elastomeric membrane (CTEM) extending over the cant and up the vertical a minimum of eight inches (8"). Each lap of the coal -tar elastomeric membrane (CTEM) shall be a minimum of three inches (3"), hot-alr welded, and shall not coincide with the laps of the underlayment sheet. E. Fasten the top edge of the flashings on six inch (60) centers using approved termination bar and fasteners. F. An NRCA-approved metal counterflashing shall extend dawn over the flashing a minimum of four inches (4"). 3.14 EDGING FLASHINGS A. An NRCA approved gravel stop/fascia system shall be installed in strict accordance with published instructions. B. The 60 mil coal -tar elastomeric field membrane (CTEM) shall extend a minimum of one inch (1') below the base of the mailer, and be fastened six inches (6") on center. A metal edge of proper gauge and dimensions shall be mechanically fastened, using a continuous clip fastened twelve inches (120) on center, to the wood nailer over the membrane, The metal shall have a minimum of a four inch (4") flange, set in asphalt mastic and fastened into nailer a minimum of six inches (6") on center, and a minimum of a four inch (4") fascia (match existing). The lower elevation of the metal edge shall extend a minimum of one inch (1") below the juncture of the bottom edge of the wood nailer and adjoining wall surface. The metal edge shall have a minimum 07530 -17 J I of one inch (11 gravel stop. C. All metal coming in contact with bituminous material shall be primed. Strip metal edge flange with one strip of Type IV fiberglass felt set in hot bitumen extending [ inward from the lip of the gravel guard a minimum of three inches (31 past metal flange. Strip in fiberglass felt with 60 mll coal -tar elastomeric membrane (CTEM) , flashing from the lip of the gravel guard to a minimum of three inches (35 past the l edge of the fiberglass underiayment'using hot bitumen. NOTE: If internal flange of metal edge detail Is tapered, CTEM self -adhered membrane shall be used in lieu of the 60 mil CTEM. Any laps of the CTEM self -adhered membrane shall be covered with a four Inch (4) wide piece of the 60 mil CTEM field membrane centered over the lap, hot-air welded and extending the full length of the lap. At the top leading edge where the self -adhered CTEM membrane ' does not have a selvedge edge for welding CTEM to CTEM, a liberal bead of [ one -part urethane sealant shall be applied. D. The coal -tar elastomeric membrane (CTEM) finishing strip shall have a minimum of four inch (41 lap joints that are staggered from any joints in the gravel guard. 3.15 EXPANSION JOINT DETAILS i A. Expansion joints at walls and field of the roof shall be curbed as outlined in accordance with NRCA and SMACNA guidelines. The curbs will be flashed as outlined above in Curb Flashings. 3.16 SURFACE FINISH A. Aggregate: Shall be applied at the minimum rate of five hundred pounds (500#) per one hundred (100) square feet set In hot (liquid) flood coat of steep asphalt Type IV applied at the minimum rate of sixty pounds (60#) per one hundred (100) square feet. B. All vertical membrane flashings above the toe of the cant that are not the white self - adhered welded -seam flashing shall be aluminum coated at the minimum rate of one and one-half (1-1/2) gallons per one hundred (100) square feet. 3.17 MEMBRANE PROTECTION A. Where equipment pads, woad sleepers, or walkway slabs are to be installed over the roofing membrane, an additional layer of the roofing membrane shall be Installed between the roofing membrane and the pad, sleeper, or slab. Due caution shall be exercised to prevent roofing membrane damage during placement. Where required, membrane shall be welded to field membrane to prevent slippage. 3.18 PIPING/CONDUIT A. Piping/conduit shall be raised to NRCA recommended heights, and new supports furnished. Permanent supports shall be installed upon pads approved by membrane manufacturer. Coordinate work with Owner's representative. 3.19 OVERNIGHT SEAL A. Shall be performed according to accepted roofing practice as outlined In the NRCA Roofing Manual. End of Section 07530 -18 SECTION 07620 - SHEET METAL AND MISCELLANEOUS ACCESSORIES PART 1-GENERAL 1.01 RELATED SECTIONS A. Section 07530 - Coal -Tar Elastomeric Roofing System 1,02 SUMMARY A. Section Includes: 1, Provide flashing and sheet metal components for moisture protection. 2, Related accessories. 1.03 SUBMITTALS A. Product Data: 1, Submit shop drawings, product data and mockups of all sheet metal. 2. Reference Section 07530 - Coal -tar Elastomeric Roofing System 1.04 QUALITY ASSURANCE A. Comply with governing local, state, and federal regulations, safety standards, and codes. Provide products of acceptable manufacturers in satisfactory use in similar service for five (5) years. Use experienced installers. Deliver, handle and store materials in accordance with manufacturer`s instructions. B. Reference Standards: Applicable portions of SMACNA, ASTM and NAAMM publications. C. Coordinate application of flashings with application of roofing, protruding material, and roof accessories to provide a complete weather -tight installation according to the specified warranty requirements. D. Pre -roofing Conference: Attendance to the pre -roofing conference is required. Refer to roofing sections. 1.05 WARRANTIES A. Manufacturers Product Warranty: Submit manufacturer's Twenty (20) year written warranty signed by the manufacturer's authorized official, guaranteeing to correct failures in product which may occur during the warranty period, without reducing or otherwise limiting any other rights to correction which the Owner/Project Consultant may have under the contract documents. Failure is defined to include product failure which leads to interruption of a watertight installation. Correction may include repair or replacement of failed product. B. Contractor's Warranty Period: For roofing flashing and sheet metal, provide a written warranty which shall warrant work to be free of leaks and defects in materials and workmanship for five (5) years, starting from date of substantial completion. C. Defects of the sheet metal occurring during the warranty period shall be promptly corrected by the contractor, and defects of the roofing shall be promptly corrected by the manufacturer at no additional cost to the Owner. Upon notification from the Owner or the Owners representative that evidence of a defect exists, the responsible party shall immediately inform the Owner's representative of the date on which corrective work will be scheduled, and shall notify the Owner's representative when the corrective work has been completed. 07620 -1 PART 2 PRODUCTS 2.01 SHEET METAL MATERIAL & Hot -dipped Galvanized Steel for use as counterltashings (where not visible from the ground), pitch pans and expansion joints., Minimum 24-gauge, G-90, hot -dipped galvanized metal, commercial quality, ASTM A 525. B. Hot -dipped Galvanized Steel for use as continuous clips: Minimum 22-gauge, G-90, hot -dipped galvanized metal, commercial quality, ASTM A 525. C. Prefinished Galvanized Sheet Steel (where visible from the ground): Shall be 24- gauge flat stock, prefinished with Kynar finish meeting ASTM A 446, forty-five and one-half inches to forty-eight inches width by one hundred twenty inches in length (45-1/2" - 48" x 120") for use as new metal edge gravel guard, cover plates, downspouts, gutters, coping and miscellaneous metal. Standard color to be selected by Owner/Project Consultant. D. Stainless Steel. QQ-S-766, Class 301, 302, 304, or 316, or ASTM A 167, Type 301, 302, 304, or 316; form and condition most suitable for the purpose. E. Aluminum and Aluminum Alloy Plate and Sheet: QQ-A 250; form, alloy, and temper shall be that most suitable for the purpose. ' F. Sheet Lead: QQ-L-201, Grade B. r G. All existing sheet metal shall be replaced with new metal of like gauge and type, or as specified on drawings. ti 2.02 FASTENERS A. Fasteners shall be same metal as flashing/sheet metal, or other non -corrosive metal as recommended by sheet manufacturer for the specific application. Match finish of exposed heads with material being fastened. B. Fasteners and fastening plates or bars shall be listed in the FM Global Approval Guide. C. Fastener for Brick: Shall be one-fourth inch by two inches (1/4" x 21), zinc with plated steel or stainless steel nail, one piece unit, flat head. D. Screws: Self -taping sheet metal type with neoprene washer, as appropriate. E. Pop Rivets: Full stainless steel Series 42 or 44, as appropriate. F. Continuous Clip: Concealed hold-down clip type; of same materials as coping, gravel guard, sized to suit application. Use a continuous clip, minimum 22-gauge G- 90 galvanized. 2.03 RELATED MATERIAL A. Bituminous Paint: Acid and alkali resistant, black color. B. Plastic Cement: Plastic roofing cement complying with the requirements of ASTM D2822 or as appropriate and as recommended by roofing manufacturer. C. Solder: QQ-S- 571 composition best suited for purpose; use high fin content, minimum 60/40, for stainless steel and monel alloy. D. Copper, Sheet, and Strip: QQ-C-576, ASTM B 370, light cold -rolled temper. E. Lead -coated Copper: ASTM B 101, Type I or 11, Class A. F. Sealant (for Sheet Metal): One -component polyurethane, conforming to requirements of FS TT S-230C, non -staining and non -bleeding. G. Miscellaneous Materials: 1. Downspout Boots: Cast iron by Neenah Foundry Company, or pre -approved equal, provide and install, 2. Splash Blocks Concrete, 3000 psi, 28 days. Provide and install with protection pads at all downspouts. 07620 - 2 1 3. Metal Accessories: Provide sheet metal clips, straps, anchoring devices, and similar accessory units as required for installation of work, matching or compatible with material being installed, non -corrosive, size, and gauge required for performance. PART 3 - EXECUTION 3.01 INSPECTION A. Verify roof openings, curbs; pipes, sleeves, ducts or vents through roof are solidly set, cant strips and regiets in place, substrates are smooth and clean and nailing strips located. B, Verify membrane termination and base flashings are in place, sealed and secure, C. Beginning of installation means acceptance of conditions. 3.02 PREPARATION A. Field measure site conditions prior to fabricating work. Provide all shop drawings and mock-ups one month prior to installation to the Owner/Project Consultant for approval. B. Install starter and edge strips and cleats before starting installation: 3.03 FABRICATION - GENERAL A. Shop -fabricate work to greatest extent possible. Comply with details shown, and with applicable requirements of SMACNA "Architectural Sheet Metal Manual" and other recognized industry practices. Fabricate for waterproof and weather -resistant performance; with expansion provisions for running work, sufficient to permanently prevent leakage, damage or deterioration of the work. Form work to fit substrates. Comply with material manufacturer's instructions and recommendations. Form exposed sheet metal work without excessive oil -canning, buckling, and tool marks, true -to line and levels as indicated, with exposed edges folded back to form hems. B. Fabricate gravel stops/fascia, gutters/downspouts, counterflashings, pitch pans, expansion joints, and copings with new galvanized sheet metal as specified. Fabricate gravel guard and fascia to size and dimensions as indicated on the drawings. Fabricate light metal coping, gutters and downspouts as indicated. C. Form sheet metal on bending brake. D. Shape, trim and hand seam metal on bench insofar as practicable. E. Form materials with straight lines, sharp angles and smooth curves: F. Fold back edges on concealed side of exposed edge to form hem (1/2" minimum). G, Weld or solder joints on parts that are to be permanently and rigidly assembled. H. Submit sheet metal models for approval by the Owner/Project Consultant. J. Limit single -place lengths to ten feet (10'). K. Fabricate comer pieces with eighteen inch (181 extensions, metered and sealed by forming as one piece. L. Surface sand flange prior to applying any primers on Kynar metal. M. Backpaint flashing in contact with masonry or dissimilar materials with bituminous paint. N. New rooftop projection details shall be as recommended in NRCA or SMACNA handbooks. All rooftop projections shall be cleaned, all joints sealed, and painted with a rust inhibitive paint, Standard color to be selected by the Owner/Project Consultant. O, Ail sheet metal shall be sealed and watertight. 07620 - 3 P. Meta[ work should be secured so as to prevent damage from buckling or wind. Where clips are shown, these are to be continuous. Q. All metal to receive bitumen or adhesive shall be first primed with asphalt primer. R. All prefinished metal shall be sanded and/or abraded prior to receiving primer. S. Seams: Fabricate non-moving seams in sheet metal with flat -lock seams, For metal other than aluminum, tin edges are to be seamed, form seams, and soldered. T. Expansion Provisions: Form expansion joints of intermeshing hooked flanges, not less than one inch deep, filled with mastic sealant (concealed within joints). - U. Sealant Joints: Where movable, non -expansion type joints are indicated or required for proper performance of work, form metal to provide for proper installation of elastomeric sealants in compliance with industry standards. , V, Separations: Provide for separation of metal from non -compatible metal or corrosive substrates by coating concealed surfaces at locations of contact, with bituminous coating or other permanent separation as recommended by manufacturer/fabricator, W. Bed flanges of work in a thick coat of bituminous roofing cement where required for ' waterproof performance. 3.04 INSTALLATION A, General: All sheet metal termination to vertical wall shall have a through -wall with receiver installed on masonry walls or prefabricated "Z" bar flashing pre -installed to fluid applied wall finished prior to installation of sheet metal termination, This applies to edge metal, base flashing closures and all vertical surface intersections. Refer to NRCA, SMACNA, and metal manufacture's guidelines, B. Gravel Guard/Fascla: 1. Shall be installed with expansion joints, ten feet (10) on center, one-fourth inch (1/4") expansion leeway, with a cover plate. 2. Secure metal fleshings per specifications. 3. Lock seams and end joints. 4. Form sections identical to profiles as shown or approved similar, to match existing building. 5, Fabricate comer pieces with minimum eighteen inch (18"), maximum forty- eight inch (48") extensions, formed and sealed with rivets and sealant, as one piece. 6. Hem exposed edges three -fourths inch (3/4') minimum. 7. Backpaint flashing in contact with masonry or dissimilar materials with bituminous paint. Surface sand before applying primers. 8. Integrate flashing in a manner consistent with detailing. 9. Provide and install continuous clip around perimeter. 10. Apply sealant at horizontal juncture of gravel guard metal to exterior vertical wall. 11. Shall be fabricated in accordance with all SMACNA provisions. 12. install bead of sealant at metal edge juncture at exterior wall surface. 13. Refer to Section 07530 - Coal -tar Elastomeric Roofing System for more detailed information. C. Coping: 1. All coping shall be manufactured with low profile standing seam metal. 2. Shall be minimum 24-gauge prefinished Kynar installed in ten foot (101 sections maximum with cover plates. 3. Vertical fascia shall extend minimum two and one-half inches (2-1/2) or be minimum one and one-half inches (1-1/2") below bottom of nailer, whichever is greater. 07620 - 4 3_, 4. Secure metal fleshings per specifications. 5. Lock seams and end joints. 6. Form sections identical to profiles as shown or approved similar, to match existing building, 7. Fabricate corner pieces with minimum eighteen inch (19), maximum forty- eight inch (4EV) extensions, formed and seated with rivets and sealant; as one piece. 8. Hem exposed edges three -fourths inch (3/41 minimum. 9, Backpaint flashing in contact with masonry or dissimilar materials with bituminous paint. Surface sand before applying primers. 10, 11. Integrate flashing in a manner consistent with detailing. Provide and install continuous dip, minimum 22-gauge. 12, Apply sealant at horizontal juncture of coping metal to exterior vertical wall. 13. Shall be fabricated in accordance with all SMACNA provisions. 14. Install bead of sealant at metal edge juncture at exterior wall surface. -- 15, Refer to Section 07630 - Coal -tar Elastomeric Roofing System for more detailed information. D. Expansion Joint Field and at Wall: _ 1, Shalt be as outlined by details, and be in full compliance with all provisions of SMACNA and FM Global requirements for attachment, installation and recommendations. 2. Secure metal fleshings per specifications. 3. Lock seams and end joints. 4. Form sections identical to profiles as shown or approved similar, to match i existing building. 5. Fabricate corner pieces with minimum eighteen inch (181, maximum forty- eight inch (4811) extensions, formed and sealed with rivets and sealant, as one Piece. 6. Hem exposed edges three -fourths inch (3/41 minimum. 7. Backpaint flashing in contact with masonry or dissimilar materials with bituminous paint. Surface sand before applying primers. _ 8. Integrate flashing in a manner consistent with detailing. 9. Provide and install continuous clip around perimeter. 10, Shall be fabricated in accordance with all SMACNA provisions. 11, Refer to Section 07530 - Coal -tar Elastomeric Roofing System for more detailed information. E. Counterflashing: 1. Saw cut brick mortar joint to receive friction fit reglet and removable counterflashing as detailed and SMACNA Figure 4-3E. 2. Refer to Section 07530 - Coal -tar Elastomeric Roofing System for more detailed information, F. Gutter and Downspout: 1. Fabrication: a, Fabricate gutter and downspout of profile and size indicated. b. Field measure site conditions prior to fabricating work. C. Fabricate with required connection pieces. d. Fabricate section square, true, and accurate in size, in maximum possible lengths and free of distortion or defects detrimental to appearance or performance. e. Hem exposed edges of metal. 07620 - 5 f. Form and seal all metal joints; provide for expansion joints per SMACNA. 2. Installation: a. Install collector head, downspout, and accessories. b. Join lengths with seams pop riveted and sealed watertight. Rash and seal collector head to downspouts and accessories. C. Seal all metal joints watertight for full metal surface contact, d. Collector Head: SMACNA style profile; submit detail for approval. 0. Downspouts: Rectangular profile. Seal all joints, four inches by six inches (4" x 01). f. Support Brackets, Joint Fasteners: Profiled to suit gutters and downspouts, 9. Anchorage Devices: SMACNA requirements. Type recommended by fabricator. h. Collector Head Support - Kynar: Color and Finish to match, as recommended by SMACNA. j. Downspout Supports - Straps, Kynar: Color and Finish to match. G. Overflow Scupper, Collector Head and Downspout: 1. Fabrication: a. Fabricate overflow scupper, collector head and downspout of profile and size indicated, taking care that the roof drain leader fits properly into the back of the collector head. Seal the pipe to the collector head for watertightness. b. Field measure site conditions prior to fabricating work. C. Fabricate with required connection pieces. d. Fabricate section square, true, and accurate in size, in maximum possible lengths and free of distortion or defects detrimental to appearance or performance. e. Hem exposed edges of metal. f. Form and seal all metal joints; provide for expansion joints per SMACNA. 2. Installation: a. Install collector head, downspout, and accessories. A b. Join lengths With seams pop riveted and sealed watertight. Flash and seal collector head to downspouts and accessories. C. Seal all metal joints watertight for full metal surface contact. d. Collector Head: SMACNA style profile; submit detail for approval. e. Downspouts: Rectangular profile. Seal all joints, four inches by six inches (4" x 6). f, Support Brackets, Joint Fasteners: Profiled to suit gutters and downspouts. 91 Anchorage Devices: SMACNA requirements. Type recommended by fabricator. h Collector Head Support ® Kynar: Color and Finish to match, as recommended by SMACNA, j. Downspout Supports - Straps, Kynar: Color and Finish to match. H. Pitch Pans: 1. Install pitch pans of 24-gauge galvanized steel according to NRCA standards, I minimum of six inches by six inches (6"x 61, i 2, Pitch pans shall be fabricated to minimum of four inches (4!) above the finished roof membrane. Seams of pitch pans shelf be soldered, 07620-6 3. Mastic shah be applied under pitch pan flange a minimum of one-half pound (7 (1 /2#) per linear foot. l 4. All metal flanges shall be {rimed with asphalt primer prior to flashing installation. Inside of pitch pan shall be cleaned and primed as required by pitch pan sealant manufacturer. 5. All projections enclosed In pitch pans shall be cleaned in any manner suitable and coated with a rust inhibitive coating as approved by the Owner/Project Consultant. Coating shall be allowed to dry prior to pitch pan fill. [ 6. Base of pitch pans shall be died with grout or cementitious binder to proper height and allowed to cure. 7. Top finish fill shall be self -leveling, one -part urethane, with maximum fill to within three -eighths inch (3/81 of top of pitch pan sides. 8. Strip metal flange of pitch pan with one strip of Type IV fiberglass fit set in hot bitumen extending from the outer edge of the flange a minimum of three inches (31 inward to base of pitch pan. 9., Strip in fiberglass felt with 60 mil coal -tar elastomeric membrane (CTEM) flashing set in hot asphalt extending from the outer edge of the Type IV �.' fiberglass underlayment a minimum of three inches (3") inward to the base of the pitch pan. J. Bonnets/Hoods: 1. Fabricate and install above all pitch pans, where necessary, or reinstall as (' applicable, metal bonnets over all pitch pans, NO EXCEPTIONS. 2. Bonnets/Hoods shall be manufactured with metal compatible with metal to which bonnet is to be attached. 3. On beams and other steel, weld in place bonnets fabricated from one-fourth inch (1/41 steel plate. 4. Draw band bonnets fabricated from 22-gauge galvanized steel may be used ron circular projections. 3.05 FINISH A. Backpaint concealed metal surfaces with bituminous paint where expected to be in contact with cementitious materials or dissimilar metals. Exposed surfaces to be provided with a factory applied fluorocarbon Kynar finish meeting ASTM A 446 and AAMA specification 605.2 for high performance coating. B. New 24-gauge hot -dipped galvanized metal shall be painted on all locations visible from the ground with an industrial grade paint to match existing, or standard color selected by Owner/Project Consultant. Galvanized metal surface must be properly prepared by removing all al, grease, and/or protective mill coatings by solvent cleaning surface in accordance with SSPC-SP1, and according to paint manufacturer's recommendation, to ensure proper adhesion of paint to metal. End of Section 1 07620 - 7