HomeMy WebLinkAboutResolution - 2016-R0078 - Contract- Brown Mckee, Inc., - 02/25/2016Resolution No.2016-R0078
Item No.5.21
February 25,2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock,Contract No.12661 from RFP 16-12661-JM for the
installationof baffle at the LubbockPolice Department Firing Range, byand betweenthe City
of Lubbock and Brown-McKee,Inc.,of Lubbock,Texas,and related documents.Said Contract
is attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on February 25.2016 .
ATTEST:
ReWecca Garza, City Secrete
APPROVED AS TO CONT
Mark "bearwood;Assistant City Manager
APPROVED AS TO FORM:
GLEN^RORfeRTSON,MAYOR
ccdocs/RES.Contract 12661 -Brown-McKee.Inc.- Baffle Installation at LubbockPoliceFiringRange
January 29.2016
BOND CHECK
BEST RATING:
LICENSED IN TEXAS
DATE: BY:
CONTRACT AWARD DATE:
CITY OF LUBBOCK
SPECIFICATIONS FOR
Lubbock Police Department Firing Range Baffle Installation
RFP 16-12661-JM
Contract 12661
Project Number: 142.9211.12311
Plans & Specifications may be obtained from
www.bidsync.com
Znf,,- (�DC)7a
CITY OF LUBBOCK
Lubbock, Texas
City of
ubbock
TEXAS
ADDENDUM 1
Closing Date
Time Extension
RFP 16-12661-JM
Lubbock Police Department Firing
Range Baffle Installation
DATE ISSUED: January 20, 2016
ORIGINAL CLOSE DATE & TIME: January 20, 2016 at 3:00 p.m.
NEW CLOSING DATE & TIME: January 28, 2015 at 2:00 p.m.
The following items take precedence over specifications for the above named Requests for Proposal (RFP).
Where any item called for in the RFP documents is supplemented here, the original requirements, not affected rij
by this addendum, shall remain in effect.
Bidders are invited to review the following:
1. The closing date for the RFP has been extended to Thursday, January 28, 2015, at 2:00 P.M. H
All requests for additional information or clarification must be submitted in writing and directed to:
Juan Mendez, Buyer
City of Lubbock
Purchasing and Contract Management Office
1625 13th Street, Room 204
Lubbock, Texas 79401
Questions may be faxed to (806)775-2164 or Email to JMendez a Inylubbock.us
Questions are preferred to be posted on BidSync: www.bidsync.com
THANK YOU,
fi6" vew&f
CITY OF LUBBOCK
Juan Mendez
Buyer
City of Lubbock
Purchasing and Contracts Management Office
It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the
Director of Purchasine and Contract Manaeement if any lanRuaize, requirements, etc., or any combinations thereof, inadvertently restricts or
limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director
of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. i
i_J
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-11625
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Brown -McKee, Inc.
Lubbock, TX United States
Date Filed:
02/10/2016
2 Name of governmen entity or state agency that is a party tote contract for which the forms
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
RFP 16-12661-JM
Construction
4
Name of Interested Party
City, State, Country {place of business}
Nature of interest (check
{ applicable}
Controlling
Intermediary
Oles, Mike
Lubbock, TX United States
X
b' Check only if there is NO Interested Party.
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
�• �vA'u®� PEGGY HECENAMAE DUHON .
Notary Public, State of Texas ✓ -
y�q rbz My Commission Expires
January 07, 20} 7 Signature of authorized agent of contracting business entity
11
AFFIX NOTARY STAMP I SEAL ABOVE
Sworn and subscribed before me, by the said r K� U jE'S this the 1 � � day of
20=t to certify which, witness my hand and seal of office.
,
e1046rt# officer administering oath Pri ame of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commissinn u,mnu athire etnta tv ,ie vo.,.;. v, n oerne•
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-11625
Date Filed:
02/10/2016
Date Acknowledged:
02/10/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Brown -McKee, Inc.
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
RFP 16-12661-JM
Construction
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Oles, Mike
Lubbock, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us
Versinn V1.0.34944
City of Lubbock, TX
Purchasing and Contract Management
Contractor Checklist for
RFP 16-12661-JM
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.
1. .� 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. The bidder binds
himself on acceptance of his bid to execute a contract and any required bonds, according to
the accompanying forms, for performing and completing the said work within the time
stated and for the prices stated. 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
f provide a bid surety WILL result in automatic rejection of your bid.
3. V 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. _5j/ 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
Office prior to the deadline. Late bids will not be accepted.
6. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be
explained in detail and submitted with Bid.
7.y/ Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include ffrm's
/ FEDERAL TAX ID number or O►vner's SOCIAL SECURITY nurtrben
8. v Complete and submit the PROPOSED LIST OF SUB -CONTRACTORS.
DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING:
9. Complete and submit the FINAL LIST OF SUB -CONTRACTORS.
FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING
DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE
INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL.
Brown- Ak& e • 7h 0.
(Tyne or Print Company Name)
Page Intentionally Left Blank
if
1
2.
3.
4.
5.
6.
__. 7.
8.
9.
10.
11.
12.
13.
14.
.: 15.
i,
INDEX
NOTICE TO OFFERORS
GENERAL INSTRUCTIONS TO OFFERORS
TEXAS GOVERNMENT CODE § 2269
PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time)
4-1. LUMP SUM PROPOSAL SUBMITTAL FORM
4-2. CONTRACTOR'S STATEMENT OF QUALIFICATIONS
4-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT
4-4. SAFETY RECORD QUESTIONNAIRE
4-5. SUSPENSION AND DEBARMENT CERTIFICATION
4-6. PROPOSED LIST OF SUB -CONTRACTORS
POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days
after the close date when proposals are due)
5-1. FINAL LIST OF SUB -CONTRACTORS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
DISCLOSURE OF INTERESTED PARTIES FORM CHAPTER 46
GENERAL CONDITIONS OF THE AGREEMENT
DAVIS-BACON WAGE DETERMINATIONS
SPECIAL CONDITIONS (IF APPLICABLE)
SPECIFICATIONS
Page Intentionally Left Blank
I
I
CI
H
I
NOTICE TO OFFERORS
I
Page Intentionally Left Blank r
I
I
I
T OFFERORS NOTICE O O O S
RFP 16-12661-JM
Sealed proposals addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of
Lubbock, Texas, will be received in the office of the Director of Purchasing and Contract Management, City
Hail, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 pm on January 20, 2016, or as changed
by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for
the construction of the following described project:
Lubbock Police Department Firing Range Baffle Installation
After the expiration of the time and date above first written, said sealed proposals will be opened in the
Purchasing Conference Room 204 of City Hall and publicly read aloud. It is the sole responsibility of the
proposer to ensure that his proposal is actually in the office of the Director of Purchasing and Contract
Management for the City of Lubbock, Room 204, 1625 13th Street, Lubbock, TX, 79401, before the expiration
of the date above first written.
The Contractor is only required to submit one original copy of every item listed on the Contractor
Checklist in the proposal submittal.
Proposals are due at 3:00 pm on January 20, 2016, and the City of Lubbock City Council will consider
the proposals on February 11, 2016, 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 proposals and waive any formalities.
The successful proposer 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 proposer 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 shall be issued by a company carrying a current Best Rating of "A" or
better. The bond must be in a form accepted by the City Attorney and must be dated the same as the Contract
Award date.
Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or
certified check issued by a bank satisfactory to the City of Lubbock, or a proposal 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 proposal submitted as a guarantee that proposer will enter into a contract and execute all
necessary bonds within ten (10) business days after notice of award of the contract to the Offeror. FAILURE
OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL
SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION
OF THE PROPOSAL SUBMITTAL.
It shall be each proposer's sole responsibility to inspect the site of the work and to inform Offeror
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 proposal submitted. There
will be a non -mandatory pre -proposal meeting on Tuesday, January 12, 2016 at 10:00 am, at City Hall,
Purchasing Conference Room 204,1625 13th Street, Lubbock, TX, 79401.
Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem
wages (based on a hourly rate time 8 hours per day minimum) included in the contract documents on file in the Ft
office of the Director of Purchasing and Contract Management of the City of Lubbock, which document is
specifically referred to in this notice to offerors. Each offerors 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 g_
wage scale.
The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to
this advertisement, minority and women business enterprises will be afforded equal opportunities to submit
proposals 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 -
proposal meetings and proposal closings are available to all persons regardless of disability. If you require
special assistance, please contact the Director of Purchasing and Contract Management Office at (806) 775-
2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK,
Marta Alvarez
DIRECTOR OF PURCHASING
AND CONTRACT MANAGEMENT
GENERAL INSTRUCTIONS TO OFFERORS
Page Intentionally Left Blank [,,I
U
I
GENERAL INSTRUCTIONS TO OFFERORS
1 PROPOSAL DELIVERY TIME & DATE
The City of Lubbock is seeking written and sealed competitive proposals to furnish the Lubbock
Police Department Firing Range Baffle Installation per the attached specifications and
contract documents. Sealed proposals will be received no later than 3:00 pm on January 20,
2016, at the office listed below. Any proposal received after the date and hour specified will be
rejected and returned unopened to the proposer. Each proposal and supporting documentation
must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP 16-
126614M, Lubbock Police Department Firing Range Baffle Installation" and the proposal
closing date and time. Offerors must also include their company name and address on the outside
of the envelope or container. Proposals must be addressed to:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13th Street, Room 204
Lubbock, Texas 79401
1.1
Offerors are responsible for making certain proposals are delivered to the Purchasing &
Contract Management Office. Mailing of a proposal does not ensure that it will be
delivered on time or delivered at all. If proposer does not hand deliver proposal, we
suggest that he/she use some sort of delivery service that provides a receipt.
1.2
Proposals may be delivered in person, by United States Mail, by United Parcel Service,
or by private courier service. Only written proposals submitted in conformance with the
Instruction to Offerors will be considered responsive and evaluated for award of a
-
Contract.
1.3
The City of Lubbock reserves the right to postpone the date and time for closing
proposals through an addendum.
2 PRE -PROPOSAL MEETING
2.1
For the purpose of familiarizing offerors with the requirements, answering questions, and
issuing addenda as needed for the clarification of the Request for Proposals (RFP)
documents, a non -mandatory pre -proposal meeting will be held on Tuesday, January
12, 2016 at 10:00 am, at City Hall, Purchasing Conference Room 204, 1625 13th
Street, Lubbock, TX, 79401. All persons attending the meeting are required to identify
themselves and the prospective proposer they represent.
2.2
It is the proposer's responsibility to attend the pre -proposal meeting though the meeting
is not mandatory. The City will not be responsible for providing information discussed at
the pre -proposal meeting to offerors who do not attend the pre -proposal meeting.
3 ADDENDA & MODIFICATIONS
3.1
Any changes, additions, or clarifications to the RFP are made by ADDENDA
information available over the Internet at www.bidsync.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 proposer in doubt as to the true meaning of any part of the specifications or other
documents may request an interpretation thereof from the Purchasing Director. At the
request of the proposer, or in the event the Director of Purchasing and Contract
t
Management deems the interpretation to be substantive, the interpretation will be made
by written addendum issued by the Purchasing Director. Such addenda issued by the
Director of Purchasing and Contract Management Office will be available over the
Internet at http://www.bidsync.com and will become part of the proposal package having
the same binding effect as provisions of the original RFP. 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 Director of Purchasing and Contract Management
Office no later than five (5) calendar days before the proposal 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 explanation or interpretation that is not
in writing. Only information supplied by the City of Lubbock Director of Purchasing and
Contract Management Office in writing or in this RFP should be used in preparing
proposal responses. All contacts that a proposer may have had before or after receipt of
this RFP 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 proposal should be disregarded in preparing
responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize
itself with all requirements before submitting a proposal to ensure that their proposal
meets the intent of these specifications.
4.2 Before submitting a proposal, each proposer shall be responsible for making all
investigations and examinations that are necessary to ascertain conditions and
requirements affecting the requirements of this Request for Proposals. Failure to make
such investigations and examinations shall not relieve the proposer from obligation to
comply, in every detail, with all provisions and requirements of the Request for
Proposals. -
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract
documents, shall be given to the Director of Purchasing and Contract Management
and a clarification obtained before the proposals are received, and if no such notice
is received by the Director of Purchasing and Contract Management prior to the
opening of proposals, then it shall be deemed that the proposer fully understands
the work to be included and has provided sufficient sums in its proposal to complete
the work in accordance with these plans and specifications. If proposer does not
notify the Director of Purchasing and Contract Management before offering 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 closing of proposals.
5 PROPOSAL PREPARATION COSTS
5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs
incurred in the preparation and submission of a proposal.
5.2 The issuance of this RFP 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 proposal shall be paid by the
proposer.
6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC
INFORMATION ACT
6.1 If you consider any portion of your proposal to be privileged or confidential by statute or
judicial decision, including trade secrets and commercial or financial information, clearly
identify those portions.
6.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing
offerors and keeps the proposals secret during negotiations. All proposals are open for
public inspection after the contract is awarded, but trade secrets and confidential
information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(a)
6.3 Marking your entire proposal 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 proposer is or may be required to pay.
8 UTILIZATION OF LOCAL BUSINESS RESOURCES
Prospective offerors are strongly encouraged to explore and implement methods for the
utilization of local resources, and to outline in their proposal submittal how they would utilize
local resources.
9 CONFLICT OF INTEREST
y 9.1 The proposer 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 proposal, the proposer certifies and represents to the City
the offeror 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 proposal.
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 offerors 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.
3
11
12
13
14
15
PLANS FOR USE BY OFFERORS
It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on
the project covered by the contract documents be given a reasonable opportunity to examine the
documents and prepare a proposal without charge. The contract documents may be examined
without charge as noted in the Notice to Offerors.
PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive
proposals. It shall be the offerors responsibility to advise the Director of Purchasing and
Contract Management if any language, requirements, etc., or any combinations thereof,
inadvertently restricts or limits the requirements stated in this RFP to a single source.
Such notification must be submitted in writing and must be received by the City Director
of Purchasing and Contract Management Office no later than five (5) calendar days before
the proposal closing date. A review of such notifications will be made.
12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL
REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION
CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE
SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS
PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO:
City of Lubbock
Juan Mendez, Buyer
1625 13th Street, Room 204
Lubbock, Texas 79401
Fax: 806-775-2164
Email: JMendez@mylubbock.us
Bidsync: www.bidsync.com
TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be completed within 180
CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed
issued by the City of Lubbock to the successful proposer.
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.
PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General
Conditions of the contract documents.
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
4
f__,
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
TWO years 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, it's right pertaining to termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties
specified in this Contract, and are not subject to any disclaimer of warranty, implied or
expressed, or limitation to the Contractor's liability which may be specified in this
Contract, its appendices, its schedules, its annexes or any document incorporated in this
Contract by reference.
18 PLANS FOR THE CONTRACTOR
The contractor will, upon written request, be furnished up to a maximum of five 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
3
19
20
21
22
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. k
PROTECTION OF THE WORK F.
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 proposals have been opened and before the
contract has been awarded, to require of a proposer the following information:
(a) The experience record of the proposer showing completed jobs of a similar nature
to the one covered by the intended contract and all work in progress with bond r!
amounts and percentage completed.
(b) A sworn statement of the current financial condition of the proposer.
(c) Equipment schedule. -
TEXAS STATE SALES TAX
20.1 This contract is issued by an organization
pursuant to provisions of Article 20.04 of the
Act.
l�
which qualifies for exemption provisions h
Texas Limited Sales, Excise and Use Tax
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.
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,
both known and unknown, 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, and/or the owning utility at the Contractor's expense.
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.
C1
23 EXPLOSIVES
23.1 The use of explosives will not be permitted
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
24 CONTRACTOR'S REPRESENTATIVE
The successful proposer shall be required to have a responsible local representative available at
all times while the work is in progress under this contract. The successful proposer 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.
26 LABOR AND WORKING HOURS
26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate
of per diem wages included in these contract documents. The wage rate that must be paid
on this project shall not be less than specified in the schedule of general prevailing rates
of per diem wages as above mentioned. The proposer' 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 proposer'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 this contract
requiring an inspector will not be performed on Sundays or holidays unless the following
conditions exist:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the
necessary service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The
Contractor is approaching the penalty provisions of the contract and Contractor can show
he has made a diligent effort to complete the contract within the allotted time.
26.2 Before construction work requiring an inspector is to be performed on Sundays 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
7
permission from the Owner's Representative to do such work. The final decision on
whether to allow construction work requiring an inspector on Sundays 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 shall keep a record showing the name and occupation of each
worker employed by the Contractor or subcontractor in the construction of the public
work and the actual per diem wages paid to each worker. This record shall be open at all
reasonable hours to inspection by the officers and agents of the City. 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
Proposals submitted containing any conditions which provide for changes in the stated proposal
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 proposer without being considered.
29 PREPARATION FOR PROPOSAL
29.1 The form shall be correctly filled in, stating the price in 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. A bid that has been opened may not be bidder
shall submit his bid on forms furnished by the City, and all blank spaces in the changed for
the purpose of correcting an error in the bid price.
29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly
authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and
address of each member must be given and the proposal signed by a member of the firm,
association or partnership, or person duly authorized. If the proposal is submitted by a company
or corporation, the company or corporate name and business address must be given, and the
proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or
others to sign proposals must be properly certified and must be in writing and submitted with the
proposal. The proposal shall be executed in ink.
r-
29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to
Offerors, and endorsed on the outside of the envelope in the following manner:
29.3.1 Proposer's name
29.3.2 Proposal for RFP 16-12661-JM Lubbock Police Department Firing Range Baffle
Installation
29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for
closing of the proposals, but no proposal may be withdrawn or altered thereafter.
29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that
has been opened may not be changed for the purpose of correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE
MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL CLOSING.
30 BOUND COPY OF CONTRACT DOCUMENTS
Proposer understands and agrees that the contract to be executed by proposer shall be bound and
include the following:
(a) Notice to Offerors.
(b) General Instructions to Offerors.
(c) Proposer's Submittal Form.
(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.
(j) All other documents made available to proposer for his inspection in accordance with the
Notice to Offerors.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be
considered incorporated by reference into the aforementioned contract documents.
31 QUALIFICATIONS OF OFFERORS
The proposer 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 proposer may
also be required to give a past history and references in order to satisfy the City of Lubbock
about the proposer's qualifications. The City of Lubbock may make reasonable investigations
deemed necessary and proper to determine the ability of the proposer to perform the work, and
the proposer shall furnish to the City of Lubbock all information for this purpose that may be
requested. The proposer's proposal may be deemed not to meet specifications or the proposal
may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the
City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract
32
and to complete the work described therein. Evaluation of the proposer's qualifications shall
include but not be limited to:
(a) The ability, capacity, skill, and financial resources to perform the work or
provide the service required.
(b) The ability of the proposer 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
proposer.
(d) The quality of performance of previous contracts or services.
(e) The safety record of the Contractor and proposed Sub -Contractors
(f) The experience and qualifications of key project personnel
(g) Past experience with the Owner
Before contract award, the recommended contractor for this project may be required to show that I_
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 k
completed projects for the past five (5) 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.
BASIS OF PROPOSALS AND SELECTION CRITERIA
The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas
Legislature and further defined by Texas Government Code Section 2269. The Maximum Point
value is equal to 100 points. The weight factor is 60% for Price, 30% for Contractor
Qualifications, 5% for Safety Record and 5% for Construction Time. The selection criteria used
to evaluate each proposal includes the following:
32.1 60% PRICE: The quality of Offerors is not judged solely by a low initial cost proposal
or, conversely, eliminated solely because of a high initial cost proposal. The following is
the formula used when determining price as a factor for construction contract proposals.
The lowest proposal price of all the proposals becomes the standard by which all price
proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest
proposal price and dividing it by the price of the proposal being evaluated. That fraction
is then multiplied by the maximum point value multiplied by the weight of the price
factor for the price score. For Example: (Lowest Price/Current Proposal Price) x
Maximum Point Value x Weight Factor = Price Score.
32.2 30% CONTRACTOR QUALIFICATIONS: When evaluating a contractor's {
qualifications, the City uses the "Contractor's Statement of Qualifications" attached -'
within and past experience with the contractor. The City may also interview the job r
superintendent at a time to be named after receipt of proposals. This criterion is I
subjectively evaluated and the formula is as follows: (Points X Weight = Score) with a `-
maximum of 30 points allowable. Each evaluator assigns points based upon the
responses the contractor provides in the "Contractor's Statement of Qualifications" and
_;
10
}
i!
i
any past experience with the contractor. The "Contractor's Statement of Qualifications"
is a minimum, and you may provide additional pertinent information relevant to the
project for which you are submitting this proposal.
32.3 5% SAFETY RECORD QUESTIONNAIRE: This criterion is also more subjectively
evaluated and the formula is as follows: (Points X Weight = Score) with a maximum of
five points allowable. Each evaluator assigns points based upon the responses you
provide in your "Safety Record Questionnaire" and the Contractors Experience
Modification Ratio. The Contractor must submit this ratio with his bid. Contractors
with an Experience Modification Ratio greater than 1 will receive zero points for
safety. The City may consider any incidence involving worker safety or safety of
Lubbock residents, be it related or caused by environmental, mechanical, operational,
supervision or any other cause or factor under the contractor's control. Evaluators base
their rating primarily upon how well you document previous offenses with the date of the
offense, location where the offense occurred, type of offense, final disposition of the
offense, and any penalty assessed as well as the Experience Modification Ratio.
32.4 5% CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators
use the following formula when determining construction time as a factor for
construction contract proposals. The lowest construction time proposal of all the
proposals becomes the standard by which all the construction time proposals are
evaluated. One at a time, each proposal is evaluated by taking the lowest construction
time and dividing it by the construction time of the proposal being evaluated. That
fraction is then multiplied by the maximum point value multiplied by the weight of the
construction time factor for the construction time score. For example: (Lowest
construction time/Current Proposal construction time) x Maximum Point Value x Weight
Factor = Construction Time Score
32.5 EVALUATION PROCESS: Evaluators independently review and score each proposal.
The committee meets, during which time the Committee Chairperson totals the individual
scores. If the individual scores are similar, the Chairperson averages the scores then ranks
offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and
moderates discussion to determine the reasons for the differences and ensures that all
evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be
adjusted by the committee based on committee discussion. Please note that offerors with
higher qualifications scores could be ranked higher than offerors with slightly better price
scores.
Proposals shall be made using the enclosed Proposal Submittal Form.
33 SELECTION
33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the
most advantageous to the City of Lubbock considering the relative importance of
evaluation factors included in this RFP.
33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER
UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR
FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR
11
E
PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY
SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL.
33.3 The City shall select the offeror that offers the best value for the City based on the
published selection criteria and on its ranking evaluation. The City shall first attempt to z
negotiate a contract with the selected offeror. The City and its engineer or architect may
discuss with the selected offeror options for a scope or time modification and any price r
change associated with the modification. If the City is unable to negotiate a contract with
the selected offeror, the City shall, formally and in writing, end negotiations with that
offeror and proceed to the next offeror in the order of the selection ranking until a
contract is reached or all proposals are rejected.
33.4 In determining best value for the City, the City is not restricted to considering price
alone, but may consider any other factor stated in the selection criteria.
33.5 A proposal will be subject to being considered irregular and may be rejected if it shows
omissions, alterations of form, conditional alternate proposals, additions or alternates
in lieu of the items specified, if the unit prices are obviously unbalanced (either in
excess of or below reasonably expected values), or irregularities of any kind: " r�
34 ANTI -LOBBYING PROVISION
34.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE
CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND
REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL
WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF
EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING
DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS,
INTERVIEWS, OR PRESENTATIONS. _
34.2 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 project the ,
integrity of the bid process. Violation of this provision may result in rejection of the
bidder's bid.
i
35 PREVAILING WAGE RATES
35.1 Offerors 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.
35.2 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 i
12
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.
35.3 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.
Proposers shall use the Davis Bacon wages rates attached herein for Lubbock County:
hllp://www.wdol.gov/dba.aspx
35.4 It shall be the responsibility of the successful offeror to obtain the proper wage rates from
the web site for the type of work defined in the bid specifications.
35.5 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.
13
I
TEXAS GOVERNMENT CODE & 2269
SELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE SEALED PROPOSALS
(a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or 1
repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a
governmental entity shall follow the procedures prescribed by this section.
(a-1) In this section "facility" means an improvement to real property.
(b) The governmental entity shall select or designate an engineer or architect to prepare construction documents
for the project. The selected or designated engineer or architect has full responsibility for complying with
Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time
employee of the governmental entity, the governmental entity shall select the engineer or architect on the
basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code.
(c) The governmental entity shall provide or contract for, independently of the contractor, the inspection
services, the testing of construction materials engineering, and the verification testing services necessary for pl
acceptance of the facility or project by the governmental entity. The governmental entity shall select those
services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify
them in the request for proposals.
(d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction
documents, selection criteria, estimated budget, project scope, schedule, and other information that
contractors may require to respond to the request. The governmental entity shall state in the request for
proposals the selection criteria that will be used in selecting the successful offeror.
(e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any
are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of
opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation
to the published selection criteria. L"!
(f) The governmental entity shall select the offeror that offers the best value for the governmental entity based I
on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt
to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may
discuss with the selected offeror options for a scope or time modification and any price change associated
with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror,
the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the
next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.
(g) In determining best value for the governmental entity, the governmental entity is not restricted to
considering price alone, but may consider any other factor stated in the selection criteria.
PROPOSAL SUBMITTAL FORM
I
I
Page Intentionally Left Blank
Il
PROPOSAL SUBMITTAL FORM
LUMP SUM PROPOSAL CONTRACT
DATE: 2 -8. 2O t 10
PROJECT NUMBER: RFP 16-12661-JM -- Lubbock Police Department Firing Range Baffle Installation
Proposal of &02n-gk—c k ,, Tne- • (hereinafter called Offeror)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Offeror, in compliance with your Request for Proposals for the City of Lubbock Police Department Firing
Range Baffle Installation, having carefully examined the plans, specifications, instructions to offerors, notice to
offerors and all other related contract documents and the site of the intended work, and being familiar with all of
the conditions surrounding the construction of the intended project including the availability of materials and
labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with
the plans, specifications and contract documents, within the time set forth therein and at the price stated below.
The price to cover all expenses incurred in performing the work required under the contract documents.
BASE PROPOSAL
ITEM
NO.
DESCRIPTION
UNIT
MATERIALS
LABOR
TOTAL PRICE
Construct a new Truss steel safety baffle at
l
the Firing Range. Additional berm work
will be required as noted in the plans and
Lump
Sum
$
$�7j jjll9,cb
$
s ecifications.
TOTAL PROPOSAL ITEMS) 1
S
PROPOSED CONSTRUCTION TIME:
1. Contractors proposed CONTRUCTION TIME for completion:
The proposed number of consecutive calendar days to completion: /TO Days
ADDITIVE ALTERNATES
(TE
M
DESCRIPTION
UNIT
MATERIALS
LABOR
TOTAL PRICE
NO.
I
Install additional safety baffle at approx.10
Lump
%%'So
��°
j 73 0°
and line as per plans andspecifications.
Sum
,
2
Install additional safety baffle at approx.35
Lump
J� ,� �Q
3� 3 e �®
7 3, 6 0
and line as per plans ands ecifications.
Sum
>
ADDITIVE ALTERNATE CONSTRUCTION TIME:
The proposed number of consecutive calendar days for additive alternates: 0 Days
MPO Offeror's Initials
Offeror 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 complete the project within 180 CONSECUTIVE CALENDAR DAYS thereafter as
stipulated in the specifications and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated
damages the sum of $200 for each consecutive calendar day in excess of the time set forth herein above for completion of
this project, all as more fully set forth in the general conditions of the contract documents.
Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with
instruction number 29 of the General Instructions to Offerors.
Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in
the proposing.
The Offeror agrees that this proposal shall be good for a period of sLv), (60) calendar days after the scheduled
closing time for receiving proposals.
The undersigned Offeror 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 proposal, and he further agrees to
commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he
has proposed; as provided in the contract documents.
Offerors 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 proposal 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 proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance
policies, and execute all necessary bonds {if required} within ten (10) days after notice of award of the contract to him.
M P o ° Offeror's Initials
19
Enclosed with this proposal is a Cashier's Check or Certified Check for rJ/A
Dollars (S } or a Proposal Bond in the sum of a —49 Dollars
(S ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event
the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents,
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 proposal; otherwise, said check or bond shall be returned to the
undersigned upon demand.
Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Offerors.
Pursuant to Texas Local Government Code 252.043(g), a
competitive sealed proposal that has been opened may not be
changed for the purpose or correcting an error in the proposal
price. THEREFORE, ANY CORRECTIONS TO THE
PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL
SUBMITTAL FORM PRIOR TO PROPOSAL OPENING.
(Seal if Offeror is a Corporation)
Acret94LAY--
Offeror acknowledges receipt of the following addenda:
Addenda No. /
Date I°- Z® - 2ol tic►
Addenda No.
Date
Addenda No.
Date
Addenda No.
Date
fflo��Ejl��
Authorized Signature
(Printed or Typed Name)
omp ny
Address
L"bbock �O10 ae lc
Ci County
T 1 a;StA.s > '79 45 L
State Zip Code
TelephonelBOto - '74f - 051)
Fax: 24k - 2ES • t Lo B I
Email:, k�ao10.Sje,jarotonmcic". c.orVA
FEDERAL TAX ID or SOCIAL SECURITY No.
MAw13E Firm: I I woman Black American I I Native American
Hisl2nic American I I Asian Pacific America I I Other (S cif
S U 5 A N TEXAS COMPTROLLER Of PUBLIC ACCOUNTS _
C+ P0.8ox 13185 • Aus71N, Tx 78711-3 1 86 4Nsco�r
:4 A
The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB)
Program for the State of Texas, which includes certifying minority and woman -owned businesses as HUBs and is designed to
facilitate the participation of minority and woman -owned businesses in state agency procurement opportunities. -,
We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your -}
company's profile is listed in the State of Texas HUB Directory and may be viewed online at
http://www.window.state.tx.us/procurement//Cmbl/hubonly.htmi. Provided that your company continues to meet HUB eligibility
requirements, the enclosed HUB certificate is valid for four years.
t_
You must notify the HUB Program in writing of any changes affecting your company's compliance with the HUB eligibility
requirements, including changes in ownership, day-to-day management, control and/or principal place of business. !Vote: Any
changes made to your company's information may require the HUB Program to re-evaluate your company's eligibility. _ ?
Please reference the enclosed pamphlet for additional resources, such as the states Centralized Master Bidders List (CMBL),
that can increase your chance of doing business with the state.
Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program
representative at (512) 463-5872 or toll -free in Texas at (888) 863-6881.
Texas Historically Underutilized Business (HUB) Certificate
CertificateNID Number 17509MI4700
File/Vendor Number 062084
&HUB Approval Date 11-JUL-2013
Scheduled Expiration Date, 11-JUL-2017
The Texas Comptroller of Public Accounts (CPA), hereby certifies that
INC.
has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB)
Program to be recognized as a HUB. This certificate printed 12-JUL-2013, supersedes any registration and certificate
previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure,
ownership, day-to-day management, operational control, business location) provided in the submission of the business'
application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB
Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB
certification may be suspended or revoked upon findings of ineligibility_
Paul Gibson, Statewide HUB Program Manager
Texas Procurement and Support Services
Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award
payment under the CertificateNlD Number identified above Agencies and universities are encouraged to validate HUB certification prior to issuing a
notice of award by accessing the Internet (hftp:/Awm.window.state.tx.us/procurement/cmblkmblhub.htmi) m.window.state.tx.us/procurement/cmblkmblhub.htmi) or by contacting the HUB Program at
1-888.863-5881 or 612- 463-5872 aev- n4/12
a
Un
UNITED FIRE & CASUALTY COMPANY
118 Second Avenue SE, PO Box 73909
Cedar Rapids, Iowa 52407-3909 319-399-5700
(A Stock Company)
BID BOND
KNOW ALL BY THESE PRESENTS, that we
BROWN-MCKEE, INC
as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly
organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF LUBBOCK
as Obligee, hereinafter called the Obligee, in the sum of
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
RFP 16-12661-JM LUBBOCK POLICE DEPARTMENT FIRING RANGE BAFFLE INSTALLATION
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished In the prosecution thereof, or in the event of the 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 seated this 28TH day of JANUARY 2016
BROWN-MCKEE, INC
By �. �` �""" - (Seal)
(PRINCIPAL)
MIKE P. OLES, PRESIDENT
(WITNESS) (TITLE)
UNITED FIRE & CASUALTY COMPANY (Seal)
(SURETY)
(Ybt�c.cv By
(WITNESS) (ATTORNEY -IN -FACT)
�- ' CONT 0001 0899
Uniteri r1ro & Casualty Company United Fire & Indemnity Company
'#Cedar Rapids, Iowa Im Galveston, Texas
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company - See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing
under the laws of the State of Iowa, and United Fire & Indemnity Company, a corporation duly organized and existing under the laws of
the State of Texas (herein collectively called the Companies), and having its principal office in Cedar Rapids, State of Iowa, does make,
constitute and appoint DAVID BRENHOLTZ, OR EVELYN WARWICK, OR DEE DEE BRINKER, OR LADONNA MCKINLEY,
ALL INDIVIDUALLY of LUBBOCK TX
Its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful
bonds,undertakings and other obligatory instruments of similar nature as follows: At 1 bands not to exceed5,000,000.0D I_
and to bind the Companies thereby as fully and to the same extent as If such instruments were signed by the duly authorized officers of
the Companies and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority
hereby granted Is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY AND
UNITED FIRE & INDEMNITY COMPANY. -
This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of
Directors of the United Fire & Casualty Company April 18, 1973 and pursuant to and by the authority of the following resolution
adopted by the Board of Directors of United Fire & Indemnity Company January 28, 2004. = -
"Article V - Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, r.
from time to time, appoint by written certificates attorneys -in -fact to act In behalf of the Companies in the execution of policies
of Insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized
hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or
certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the
original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the
same force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth In their respective
certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments _
and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other
officer of the Companies may at an time revoke all power and authors I
p y y p authority previously given to any attorney -in -fact.
��,►•,►r'urcns"u', !r,, t"u►inuk,,, IN WITNESS WHEREOF, the COMPANIES have caused these presents to be signed by its vice
n-., president and its corporate seat to be hereto affixed this 15th day of November, 2010
Ze CORPORATE fps tnAraKAre
UNITED FIRE & CASUALTY COMPANY
' SEAL 4 sEAc Y UNITED FIRE & INDEMNITY COMPANY
State of Iowa, County of Linn, ss: By
l� Vice President
On 15th day of November, 2010, before me personally came Dennis J. Richmann
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice
President of the UNITED FIRE & CASUALTY COMPANY, and a Vice President of the UNITED FIRE & INDEMNITY COMPANY, the
corporations described in and which executed the above instrument; that he knows the seals of said corporations; that the seal affixed
to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said
corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said I
corporations. l
Mary A Jensen
Iowa No�, tgna l Seal *MMUCommission number713273MyCommission Expires 10126113 Notary Publioy commission expires: 1 /28113
t, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY
COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the .3
Section of the by -taws and resolutions of said Companies as set forth In said Power of Attorney, with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID COMPANIES, and that the same are correct transcripts thereof, and of the whole of the said originals, and }
that the said Power of Attorney has not been revoked and Is now In full force and effect
In testimonv of whereof I have hereunto subscribed my name and affixed the corporate seal of the said Companies j
\t►turrte�rrrrrrt,, this day of__
;�Jf CORPORATE _���`+$•►ry
SEAL
Secretary
`J��%QrttrArMt%S��>>��v ','�Dit�Z►ltx9`.. Asst. Secretary -
rhttttiti►►
BPOA0037 0611
City of Lubbock, TX
Insurance Requirement Affidavit
To Be Completed by Offeror
Must be submitted with Proposal
1, the undersigned Offeror, certify that the insurance requirements contained in this proposal document have been
reviewed by me with the below identified insurance Agent/Broker. If I am awarded this contract by the City of Lubbock,
I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid
insurance certificate to the City meeting all of the requirements defined in this proposal.
Contractor ( Original Signature) Contractor (Print)
CONTRACTOR'S FIRM NAME: -TL 3
(Print or Type)
CONTRACTOR'S FIRM ADDRESS: IS 10 7~Q.K0,5 4!i ekU Q
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the
Director of Purchasing and Contract Management for the City of Lubbock at (806) 775-2163.
RFP 16-12661-J]M Lubbock Police Department Firing Range Baffle Installation
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 proposals on City contracts. Pursuant to
Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and
criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts.
The definition and criteria for determining the safety record of a proposer for this consideration shall be:
The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may
consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by
environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among
other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the proposer 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
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 criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. An other safe related matter deemed b the City Council to be material in determining the responsibility of the
Y safety Y tY g P Y
offeror and his or her ability to perform the services or goods required by the proposal documents in a safe
environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock.
Li
In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential
contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following
1—
three (3) questions and submit them with their proposals:
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years?
YES NO
If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its
proposal 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.
MOO 1 Offeror's Initials
3
i
Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such
firm, corporation, partnership or institution, received citations for violations of environmental protection laws or
regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement,
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.
YES NO_
If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its
proposal 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, and
penalty assessed.
QUESTION THREE
Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm,
corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which
resulted in serious bodily injury or death?
YES NO_,X
If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its
proposal 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.
QUESTION FOUR
Provide your company's Experience Modification Rate and supporting information: . Qq
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have 1 withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected.
Sig atur
L_
PHONE (806) 763-5311
FAX (806) 763-0863
Brown -McKee, Inc. &
Precision Drilling
P.O. Box 3279
Lubbock, TX 79452
J.
E. MURFEE & SON
Serving West Texas Since 1904
1310 TEXAS AVENUE
LUBBOCK, TEXAS 79401
GENERAL INSURANCE
January 14, 2016
REAL ESTATE
Re: Workers' Compensation Experience Modifier
Gentlemen:
This is to verify that the experience modifier being used on your Workers' Compensation insurance
policy referenced above was/is as follows:
1/1/13 - 1/1/14
.80
1/1/14-1/1/15
.81
1/1/15 - 1/1/16
.82
1/1/16 - 1/1/17
.99
We trust this information will be of service to you.
Yours very truly,
J. E. MURFEE & SON
0Y4WU_
I%V#
by Lance Murfee
LM/km
Suspension and Debarment Certification
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or
IF 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
$25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and
its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals
are not suspended or debarred by a Federal agency.
1, 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: t'Owyk- ACA--
FEDERAL TAX ID or SOCIAL SECURITY No. �S•
Signature of Company Ofcial: t,J m-t.C.c.--, r
Printed name of company official signing above: t-'Zt&
Date Signed: I '" % d —&
or vendor doing business with local governmental
This questionnaire reflects changes made to the taw by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, Date Received
by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the vendor becomes aware of facts
that require the statement to be filed. See Section 176.006(a-1 ), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local
Government Code. An offense under this section is a misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
�-//A I
Check this box if you are filing an update to a previouslyffled questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date on which you became aware that the originally filed questionnaire was
incomplete or inaccurate.)
Name of local government officer about whom the information in this section Is Being disclosed.
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an
employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. is the local government officer named in this section receiving or likely to receive taxable income, other than investment
Income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local
government officer named in this section AND the taxable income is not received from the local governmental entity?
El Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership interest of one percent or more?
El Yes ED No
D. Describe each employment or business and family relationship with the local government officer named in this section.
7— —%!/(P
Signature of vendor doing business with the governmental entity
f j
Adopted 8/7/2015
i
LIST OF SUB -CONTRACTORS
Minority Owned
Company Name Location Services Provided
Yes
No
1.
R I. Q_ -
0
x
2.
a
0
3.
0
0
4.
0
0
5.
0
0
6.
0
0
7.
0
0
8.
0
0
9.
0
0
10.
If.
12.
0
13.
a
14.
0
15.
0
16.
0
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
SUBMITTED BY:
ropm - rq-.k ce., ai
(PRINT NAME OF COMPANY)
RFP 16-12661-JM — Lubbock Police Department Firing Range Bathe Installation
Page Intentionally Left Blank
I
I
POST -CLOSING DOCUMENT REQUIREMENTS
The below -listed document must be received in the Director of Purchasing and Contract Management Office
Not Later Than SEVEN BUSINESS DAYS after the close date when proposals are due.
FINAL LIST OF SUB -CONTRACTORS
Page Intentionally Left Blank
11
II
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Co pang Name Location Services Provided
S11BIUTTED BT:
t
V
Minority Owned
Yes
No
0
K
0
0
0
0
0
0
11
0
0
13
E3
0
❑
0
❑
0
❑
0
0
0
C)
0
0
0
0
0
0
0
0
0
T-AIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINE,�k�
DAYS AFTER THE CLOSE DATE WHEN PROPOSALS ARE DUE
IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO
RFP 16-12661-JM — Lubbock Police Department Firing Range Baffle Installation
Pate Intentionally Left Blank
PAYMENT BOND
Page Intentionally Left Blank
I
I
P
tj
BOND NO. 54-200047
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $50,000)
KNOW ALL MEN BY THESE PRESENTS, that Brown -McKee, Inc. (hereinafter called the Principal(s), as Principal(s),
and UNITED FIRE & CASUALTY COMPANY
(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 Three Hundred Sixty Four Thousand Ninety Five Dollars $364 095 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 25'h day of
February, 2016, to
(
RFP 16-12661-JM Lubbock Police Department Firing Range Baffle Installation
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
26TH day of FEBRUARY 2016.
UNITED FIRE & CASUALTY COMPANY
Surety
*By kUAt t..., .ems
(Title) DEEDEE BRINKER
ATTORNEY —IN —FACT
BROWN—MCKEE INC
(Company Name)
By: MIKE P. OLES
Printed Name)
(Signature)
zn
PRESIDENT
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby
designates DEEDEE BRINKER an agent resident in Lubbock County to whom any requisite notices maybe delivered
and on whom service of process may be had in matters arising out of such suretyship.
UNITED FIRE & CASUALTY 1_
Surety COMPANY
`.
(Title)DEEDEE BRINKER ' {
ATTORNEY —IN —FACT
Approved as to form:
City of Lubbock
By:
City Att e
* Note: Ifs ed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
iy
9
PERFORMANCE BOND
Pa2e Intentionally Left Blank
I
I
H
I
I
BOND NO. 54-200047
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
KNOW ALL MEN BY THESE PRESENTS, that Brown -McKee, Inc. (hereinafter called the Principal(s), as Principal(s),
and UNITED FIRE & CASUALTY COMPANY
(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 Three Hundred Sixty Four Thousand Ninety Five Dollars $364 095 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 251h day of
February, 2016, to
RFP 16-12661-JM Lubbock Police Department Firing Range Baffle Installation
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 26TH
day of FEBRUARY , 2016.
UNITED FIRE & CASUALTY COMPANY BROWN—MCKEE, INC.
Surety
(Title)DEEDEE BRINKER
ATTORNEY —IN —FACT
* By:
(Company Name)
By: MIKE P. OLES
(Printed Name)
(Signature)
PRESIDENT
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby €
designates DEEDEE BRINKER an agent resident in Lubbock County to whom any requisite notices may _
be delivered and on whom service of process may be had in matters arising out of such suretyship.
UNITED FIRE & CASUALTY COMPANY
Surety
*By._
(Title) DEEDEE BRINKER
ATTORNEY —IN --FACT
Approved as to Form
City of Lubbock
By: '/7 1,
City A o ey
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing
that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of
attorney for our files.
8
2
u(I
UNITED FIRE GROUP
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
United Fire & Casualty Company
United Life Insurance Company
Addison Insurance Company
Lafayette Insurance Company
Insurance Brokers & Managers, Inc.
American Indemnity Companies
You may call United Fire Group's toll free telephone number for information or to make a complaint at:
800-343-9130
You may also write to United Fire Group at:
United Fire Group
Attn: Bond Department
P.O. Box 73909
Cedar Rapids, IA 52407-3909
-or street address -
United Fire Group
Attn: Bond Department
118 Second Avenue SE
Cedar Rapids, IA 52401
You may contact the Texas Department of Insurance to obtain information on companies, coverages,
rights or complaints at:
800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 78714-9104
ATTACH THIS NOTICETO YOUR BOND. This notice is for information only and does not become a
part or a condition of the attached document and is given to comply with Section 2253.48,
Governmental Code, and Section 53-202, Property Code, effective September 1, 2001,
HUNIt UrtiUt: I Id Second Avenue St, PU Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425
1, Di
CON
Sept
HOR
that
of tl
BPOA0037 0611
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK
P.O. BOX 2000, Room 204
LUBBOCK, TX 79457
THIS IS TO CERTIFY THAT
CERTIFICATE OF INSURANCE
DATE:
TYPE OF PROJECT:
(Name and Address of Insured) is, at the date of this
certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with
the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
EFFECTIVE
LIMITS
DATE
DATE
GENERAL LIABILITY
n Commercial General Liability
General Aggregate $
i- Claims Made
Products-Comp/Op AGG $
E Occurrence
Personal & Adv. Injury $
Owner's & Contractors Protective
Each Occurrence $
p
Fire Damage (Any one Fire) $
$
Med Exp (Any one Person)
AUTOMOTIVE LIABILITY
U Any Auto
Combined Single Limit $
All Owned Autos
Bodily Injury (Per Person) $
_a Scheduled Autos
Bodily Injury (Per Accident) $
❑ Hired Autos
Property Damage $
11 Non -Owned Autos
�v
GARAGE LIABILITY
Any Auto
Auto Only - Each Accident $
_-i
Other than Auto Only:
Each Accident $
Aggregate $
BUILDER'S RISK
100% of the Total Contract Price
$
❑ INSTALLA TION FLOA TER
$
EXCESS LIABILITY
Umbrella Form
Each Occurrence $
Aggregate $
❑ Other Than Umbrella Form
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
The Proprietor/ E Included
Statutory Limits
Partners/Executive L Excluded
Officers are:
Each Accident $
Disease Policy Limit $
Disease -Each Employee $
OTHER
The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less
than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in
less than five days in advance of cancellation.
FIVE COPIES OF THE CERTIFICATE OF INSURANCE
(Name of Insurer)
MUST BE SENT TO THE CITY OF LUBBOCK
Title:
THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL
INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AND ADDITIONAL INSURED.
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 ENDORESEMENT SHALL INCLUDE PRODUCTS OF COMPLETED OPERATIONS AND HEAVY i
EQUIPMENT.
s 1
i_
CONTRACTORCHECKLIST
F.
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
F extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide
coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19-point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A
CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED
ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN
FAVOR OF THE CITY OF LUBBOCK AND ADDITIONAL INSURED. 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 ENDORESEMENT SHALL INCLUDE PRODUCTS OF COMPLETED
OPERATIONS AND HEAVY EQUIPMENT.
r-=
REQUIRED WORKERS' COMPENSATION COVERAGE
3
t
"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 and-T
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
coverage,
requirement for e, to verify whether your employer has provided the required coverage, or to
q g
report an employer's failure to provide coverage." and 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; _z
(B) provide a certificate of coverage to the contractor prior to that person beginning work on 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:
(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;
(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 (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
(G) 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
Pate IntentionaUY Left Blank
I
I
fly
I
Contract 12661
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 251' day of February, 2016 by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to
do so, hereinafter referred to as OWNER, and Brown -McKee, Inc. of the City of Lubbock, County of Lubbock and the
State of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
RFP 16-12661-JM Lubbock Police Department Firing Range Baffle Installation
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract documents
as defined in the General Condition of Agreement. Brown -McKee, Inc.'s proposal dated January 28", 2016 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 proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to
make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
CONTRACTOR:
a
PRINTED25�
COMPLETE ADDRESS:
Company i /�iv,v'/� e � ke
Address ® S 13-
City, State, Zip
ATTEST:
Corporate Secretary
CITY OF LUBBOCK TEXAS OWNER):
By:
_ �A
Glen C. ertson, a r
ATTEST:
RebecC Garza, City Secretary
AROVE S CONTENT:
le T verett, Director of Facilities Management
Mark Y�Wrwoocf, Assistan%City Manager
Chief Information Officer
APPROVED AS TO FORM:
Justin P ei
, Ass stant ity Atto y
Page Intentionally Left Blank
CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
f
-a
CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176
.r
FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY
This questionnaire reflects changes made to law by H.B. 23, 841h Leg., Regular Session
Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the
Office of the City Secretary's Office. Local government officers are also required to file when a conflict exists.
The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has
j
a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor
meets the requirements under Section 176.006(a).
By law this questionnaire must be filed with the City Secretary's Office of the local governmental entity no later
than the 7th business day after the date the vendor becomes aware of the facts that require the statement to be
=y
filled.
_I
Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts
L
Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors).
The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase ,
of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire"
regarding the vendor's business relationships, if any, with Council Members or the City Manager.
rill
Compliance is the responsibility of each individual, business or agent who is subject to the law's filing
requirement. Questions about compliance should be directed to your legal counsel.
Office of the City Secretary
1625 13th Street, Room 206
Lubbock, TX 79401 '
Questionnaire is available at:
littps://www. ci.lubbock.tx.us/departmental-websites/departments/purchasing/vendor-infoi-ination
DISCLOSURE OF INTERESTED PARTIES CHAPTER 46
t
t
CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES �-
.r
1 TAC §§46.1, 46.3, 46.5
The Texas Ethics Commission (the commission) proposes new §§46.1, 46.3, and 46.5, relating to the disclosure
of interested parties in certain contracts with a governmental entity or state agency.
House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section
2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to 1
file with the governmental entity or state agency a disclosure of interested parties at the time the business entity
submits the signed contract to the governmental entity or state agency.
House Bill 1295 requires the commission to adopt rules necessary to implement the new disclosure requirement
and to prescribe the disclosure form. Section 2252.908 requires the disclosure form to be signed by the
authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and
under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the
governing body of the governmental entity or state agency before the contract may be signed or has a value of at
least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill
1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016.
Form 1295 is available at:
https://www.ci.lubbock.tx.us/departmental-websites/departmentslpurchasin glvendor-information
GENERAL CONDITIONS OF THE AGREEMENT
Page Intentionally Left Blank
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 Parry, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit Successful Offeror, Brown -McKee, Inc., who has agreed to perform the work
embraced in this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, Wesley Everett, Director of Facilities Management, so designated who will inspect constructions;
or to such other representatives, supervisors, architects, engineers, or Resident Project Representatives as may be
authorized by said Owner to act in any particular way under this agreement. Engineers, supervisors or Resident
Project Representatives will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or persons acting on behalf of the Contractor.
1 ' 4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal,
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
Offeror for inspection in accordance with the Notice to Offerors. 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 will 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 officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the
last business address known to the party who gives the notice.
l
CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or
work described in words which so applied have well known, technical or trade meaning shall be held to refer such
recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment. The Work must be operational and ready for the Owner's
continuous use as intended. All initial training for Owner personnel required by the specifications by the
Contractor and his subcontractors and suppliers shall have been completed. All final operations and maintenance
manuals shall have been submitted and given a disposition of "no exceptions noted". All instrumentation and
SCADA equipment shall be installed and operational. Final grading and seeding shall be performed for
substantial completion.
10. LAYOUT r,
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished five copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed
work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's
Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or
quantity of the work, nor will Owner's Representative be responsible for the construction means, methods,
techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's
Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
The Contractor is responsible for construction layout based on the control provided in the construction
documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from r "
Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work
contemplated by these contract documents or the completion of the work contemplated by these contract
documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to
comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no i
t_ }
extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and
place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the
Contractor, and in case of careless destruction or removal by Contractor, it's Subcontractors, or its employees,
such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative (as distinguished from Resident Project Representative(s)) has the authority to review all work
included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be
necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine
the amounts and quantities of the several kinds of work which are to be paid for under the contract documents,
and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases,
decide every question which may arise relative to the execution of this contract on the part of said Contractor.
The decision of the Owner's Representative shall be conclusive in the absence of written objection to same
delivered to Owner's Representative within fifteen (15) 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 distinguished from Resident Project
Representative, 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
l subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or
inspectors so appointed, when such directions and instructions are consistent with the obligations of this
Agreement and accompanying plans and specifications provided, however, should the Contractor object to any
orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days
make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by
Contractor, as provided herein, any and all objection or objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given
to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision
by competent and reasonable representatives of the Contractor is essential to the proper performance of the work
and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
-- The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
18.
19
20
21
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense. LJ
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.
CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
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.
OBSERVATION AND TESTING
The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent
required by the contract documents. The Owner or Owner's Representative shall have the right at all times to
observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access
for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall
ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall
give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's
Representative may reject any such work found to be defective or not in accordance with the contract documents,
regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether
Owner's Representative has previously accepted the work. 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
4
{ testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish
t Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and
shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written
notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial
action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of
work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23.
It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
25.
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 to the firm actually performing the
work, and additional higher -tier markups limited to 5% to cover additional overhead and
insurance costs; 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,
as estimated by the Engineer and approved by the Owner.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph
shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for
the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work, including Social Security, Old Age
Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other
insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by
them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be
kept and records of these accounts shall be made available to the Owner's Representative. The Owner's
Representative may also specify in writing, before the work commences, the method of doing the work and the
type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined
by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted
by the Associated General Contractors of America. Where practical, the terms and prices for the use of
machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the
actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced within the
actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the
"actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and
the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making
written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as
provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement
of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. 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 proposals are received, and if no such notice is received by the Owner's
6
Representative prior to the closing of proposals, then it shall be deemed that the Contractor fully
-` understands the work to be included and has provided sufficient sums in its proposal to complete the work
in accordance with these plans and specifications. If Contractor does not notify Owner's Representative
before offering 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 closing of
proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals
being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts
identified after proposals are reviewed.
26. 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 Engineer and all of its officers, agents and employees against any all losses, costs,
damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued
or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
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.
27. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change.
All policies of insurance, required herein, including policies of insurance required to be provided by Contractor
and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-
insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver.
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
i 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.
7
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 AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AND ADDITIONAL INSURED. 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 ENDORESEMENT SHALL
INCLUDE PRODUCTS OF COMPLETED OPERATIONS AND HEAVY EQUIPMENT.
A. Commercial General Liability Insurance (Primary Additional Insured (to include products and complete
operation) and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000
Combined Single Limit in the aggregate and per occurrence to include:
Products-Comp/Op AGG
Heavy Equipment
B. 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, $1,000,000 Combined Single Limit, to include all owned pi
and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles.
C. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED
D. Umbrella Liability Insurance — NOT REQUIRED
E. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)Pi
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $1,000,000. H
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 i
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 I
entity.
Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor 1
Code) - includes all persons or entities performing all or part of the services the Contractor has LJ
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 3
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 F
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 will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by
the Texas Workers' Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
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: f
(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; ri,
(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 r-i
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who
will provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance
carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
1l. 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.
F. 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.
-A
(2)
The location of the operations to which the insurance applies.
tJ
(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
L1
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 proposal 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.-?
10
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filling
of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(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.a.us) to receive information of the legal requirements for
11
s-,
(h)
coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage; " and
contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
C_
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
Li
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
showingextension of the coverage period, if the coverage period shown
g P g
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, L_E
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
�l
(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
i
12
t�
r,
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 Engineer and all of its officers, agents and
employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising
out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, 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 satisfactory evidence that all obligations of the nature hereinabove designated have been
_. paid, discharged or waived.
C 1 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 Engineer, and all of its officers, agents and employees harmless from any loss on account
thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a
particular design, device, material or process or the product of a particular manufacturer or manufacturers is
specified or required in these contract documents by Owner; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all
of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein
to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement,
the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's
Representative prior to offering.
I 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 Engineer and all of its officers, agents, and employees against any claims arising from the
violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or
subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall
notify the Owner's Representative in writing prior to proposing 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 there from.
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.
13
33.
34.
35.
all
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.
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 Notice to Proceed and contract documents, respectively, of
work to be done hereunder are essential conditions of this contract; and it is further mutually understood and
agreed that the work embraced in this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, then the
Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may
withhold permanently from Contractor's total compensation, the sum of $200, PER DAY, not as a penalty, but as
liquidated damages for the breach of the contract as herein set forth for each and every working day that the
Contractor shall fail to meet the time requirements stipulated for substantially completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the 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.
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 proposal; provided,
also, that when the Owner is having other work done, either by contract or by its own force, the Owner's
Representative (as distinguished from the Resident Project Representative) may direct the time and manner of
constructing work done under this contract so that conflicts will be avoided and the construction of the various
works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which
the Contractor will start the several parts of the work and estimated dates of completion of the several parts.
TIME OF PERFORMANCE
The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion
of this project, taking into consideration the average climatic range and industrial conditions prevailing in this
locality, and has considered the liquidated damage provisions of paragraph 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
14
37
38
39
40.
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 within twenty (20) calendar days of written submission by
Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay
and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived.
HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such
work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in
securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except
where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in
which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage
shall be paid by Owner to Contractor.
QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the
event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are intended to show clearly all work to be done and material
to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to
be estimates, for the various classes of work to be done and material to be furnished under this contract, they are
approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing
their proposals 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, provided that the
over run or under run of estimated quantities note exceed 15% of the estimated quantity.
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 Engineer, and any of its officers, agents
and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property,
related to, arising from or growing out of the performance of this contract.
PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work
by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the
proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive
15
41
42.
43.
44.
such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses
incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and
according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's
Representative.
PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's
Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection
with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there
are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by
Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's
agents and employees, which have not theretofore been timely filed as provided in this contract.
PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application
for partial payment. Owner's Representative shall review said application for partial payment if submitted, and
the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial
payment showing as completely as practical the total value of the work done by the Contractor up to and
including the last day of the preceding month. The determination of the partial payment by the Owner's
Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of
the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by
Owner under the terms of the contract documents.
Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent
standard retainage until actually incorporated into the project.
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.
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.
FINAL COMPLETION AND PAYMENT
16
} 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 but not to exceed 30 days after a written notice by the Owner or
the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay
all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects,
. - attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or
relating to such correction or removal.
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 two (2) years from the date of certification of final completion by Owner's
Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed,
(b) Claims filed or reasonable evidence indicating possible filing of claims,
(c) Damage to another contractor,
(d) Notification to owner of failure to make payments to Subcontractors or Suppliers,
(e) Failure to submit up-to-date record documents as required,
(f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner,
(g) Failure to provide Project photographs required by Specifications.
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
17
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed
denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed
that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and
Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after
written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with
the written orders of the Owner's Representative, when such orders are consistent with this contract, then the
Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall
be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the
Contractor, no further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work
any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials
and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the
notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed
with diligence to complete the project as contemplated and in compliance with all terms and provisions of the
contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract,
equity or otherwise, including, but not limited to, providing for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall
be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this contract, if the same had been completed by the
Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said Contractor,
then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed proposals, 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 L
18
f
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
i 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
be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's
"Approved" list and 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
1_. 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.
19
i_
52.
53.
54.
55.
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.
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.
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.
HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the
construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or
other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If
the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5)
days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for
ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal
protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other
petroleum products or byproducts and/or asbestos.
56. 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
20
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.
57. NON -ARBITRATION
_ The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise,
including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction.
Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision in, or related to, this
document, this provision shall control.
58. 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.
59. HOUSE BILL 2015
House Bill 2015 signed b the Governor on June 14 2013 and effective on January 1 2014 authorizes a penalty
g Y rY p tY
to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly
classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly
classify individuals performing work under a governmental contract will be penalized $200 for each individual
that has been misclassified (Texas Government Code Section 2155.001)
21
Page Intentionally Left Blank
I
I
I
I
DAVIS-BACON WAGE DETERMINATIONS
I
Page Intentionally Left Blank U
m
I
I
EXHIBIT A
General Decision Number: TX150334 12/11/2015 TX334
Superseded General Decision Number: TX20140334
State: Texas
Construction Type: Building
Counties: Crosby and Lubbock Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Executive Order (EO) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis -Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
- EO, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
` information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0
01 /02/2015
1
03/06/2015
2
10/09/2015
-3
12/11/2015
BOIL0074-003 01/01/2014
Rates Fringes
BOILERMAKER ...................... $ 23.14 21.55
CARP0665-00105/01/2014
1_
Rates Fringes
CARPENTER ........................ $ 20.81 6.76
ELEC0602-008 09/01/2015
Rates Fringes
ELECTRICIAN ...................... $ 21.19 3%+8.80
ENGI0178-005 06/01/2014
Rates Fringes
POWER EQUIPMENT OPERATOR
(1) Tower Crane ............. $ 29.00
10.60
(2) Cranes with Pile
Driving or Caisson
Attachment and Hydraulic
Crane 60 tons and above ..... $ 28.75
10.60
(3) Hydraulic cranes 59
Tons and under .............. $ 27.50
10.60
----------------------------------------------------------------
* IRON0084-011 06/01/2015
Rates Fringes
IRONWORKER, ORNAMENTAL ...........
$ 23.02
----------------------------------------------------------------
* IRON0263-003 06/01/2015
Rates Fringes
IRONWORKER, STRUCTURAL ...........
$ 23.00
----------------------------------------------------------------
PLUM0404-026 07/01/2013
Rates Fringes
PIPEFITTER ....................... $ 22.80
7.16
PLUMBER .......................... $ 22.80
7.16
----------------------------------------------------------------
SHEE0049-001 06/01/2015
Rates Fringes
SHEET METAL WORKER (HVAC Duct
Installation Only) ............... $ 22.93
11.33
----------------------------------------------------------------
SUTX2014-060 07/21/2014
Rates Fringes
BRICKLAYER ....................... $ 20.04
0.00
CEMENT MASON/CONCRETE FINISHER ... $ 19.60
INSULATOR - MECHANICAL
(Duct, Pipe & Mechanical
System Insulation) ............... $ 19.77
7.13
IRONWORKER, REINFORCING ..........
$ 12.27
6.35
1 it
LABORER: Common or General ...... $12.35 0.00
LABORER: Mason Tender - Brick ... $ 11.36 0.00
LABORER: Mason Tender -
Cement/Concrete.................. $ 10.58 0.00
LABORER: Pipelayer .............. $12.49 2.13
LABORER: Roof Tearoff .......... $ 11.28 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe ....... $14.25 0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader ................ $ 13.93 0.00
OPERATOR: Bulldozer ............. $18.29 1.31
OPERATOR: Drill ................. $16.22 0.34
OPERATOR: Forklift .............. $ 14.83 0.00
OPERATOR: Grader/Blade .......... $ 13.37 0.00
OPERATOR: Loader ................ $ 13.55 0.94
OPERATOR: Mechanic .............. $ 17.52 3.33
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) ......... $ 16.03 0.00
OPERATOR: Roller ................ $12.70 0.00
PAINTER (Brush, Roller, and
Spray) ........................... $14.27 0.00
ROOFER ........................... $ 13.75 0.00
SHEET METAL WORKER, Excludes
HVAC Duct Installation ........... $21.13 6.53
TILE FINISHER .................... $11.22 0.00
TILE SETTER ...................... $14.00 2.01
TRUCK DRIVER: Dump Track ........ $12.39 1.18
TRUCK DRIVER: Flatbed Truck ..... $19.65 8.57
TRUCK DRIVER: Semi -Trailer
Truck ............................ $12.50 0.00
TRUCK DRIVER: Water Truck ....... $ 12.00 4.11
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)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
l " new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
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
x 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
EXHIBIT 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.
EXHIBIT C
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the fair labor standards act
Page Intentionally Left Blank
P,
m
I
SPECIFICATIONS
Project Manual
City of Lubbock Police Department
Firing Range Safety Baffle Installation
Lubbock, Texas
December 14, 2015
Project No. 13007
Set Number
SPECIFICATIONS
TABLE OF CONTENTS
- DIVISION 0 — BIDDING REQUIREMENTS AND CONTRACT INFORMATION
Provided by City of Lubbock
DIVISION 1- GENERAL REQUIREMENTS
01100 - Summary
01200 - Price and Payment
01300 - Administrative Requirements
01330 - Submittal Procedures
01400 - Quality Requirements
01410 - Testing Laboratory Services
01420 - Reference Standards
01500 - Temporary Facilities & Controls
01600 - Product Requirements
01700 - Execution Requirements
DIVISION 2 - SITE WORK
02200 - Earthwork
02230 - Site Clearing
a y 02380 - Drilled Piers
DIVISION 3 - CONCRETE
03300 - Concrete Work
DIVISION 4 - MASONRY
Not Used
DIVISION 5 - METAL
05120 - Structural Steel
05500 - Metal Fabrications
DIVISION 6 -WOOD AND PLASTICS
06100 - Rough Carpentry
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
Not Used
DIVISION 8 - DOORS AND WINDOWS
Not Used
DIVISION 9 - FINISHES
09900 - Painting
' DIVISION 10 -SPECIALTIES
Not Used
DIVISION 11 -EQUIPMENT
TOC-1
Not Used
DIVISION 12 - FURNISHINGS
Not Used
DIVISION 13 - SPECIAL CONSTRUCTION
Not Used
DIVISION 14 - CONVEYING EQUIPMENT
Not Used
DIVISION 15 - MECHANICAL
Not Used
DIVISION 16 - ELECTRICAL
Not Used
TOC - 2
ISECTION 01100 - SUMMARY
- PART 1 - GENERAL
1.01 RELATED DOCUMENTS
--, A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions and Division 1 - General Requirements apply to Work of this Section.
1.02 SECTION INCLUDES
A. Project: Work covered by Contract Documents.
B. Contractor use of site and premises.
C. Work Sequence.
D. Owner Occupancy.
1.03 PROJECT: WORK COVERED BY CONTRACT DOCUMENTS
A. Without force of effect, work of the Project consists of site clearing, site prep, berm
construction and construction of a steel framed baffle supported on concrete
foundations.
1.04 CONTRACTOR USE OF SITE AND PREMISES
A. Limit use of site and premises to allow:
1. Owner occupancy.
2. Work by Others.
B. Construction Operations: Limited to areas noted on Drawings.
1.05 CONTRACTOR CONDUCT
A. Lubbock Police Department shooting range is a smoke and alcohol free
environment. Contractor, sub -contractors, suppliers and all employees shall adhere
to City of Lubbock's policies regarding smoking and possession of alcohol on
premises.
B. City of Lubbock prohibits possession of concealed weapons on premises or in the
building. Contractor, sub -contractors, suppliers and all employees shall adhere to
City of Lubbock's policies regarding concealed weapons.
C. Dress and Conduct
1. Contractor, sub -contractors, suppliers and all employees shall dress
appropriately with no attire having profane or other offensive graphics on any
clothing or clothing accessories, including hats. Employees wearing clothing
or clothing accessories that are considered offensive shall cover the
offensive clothing or change clothing if requested.
2. Contractor, sub -contractors, suppliers and all employees shall abstain from
using profane language and gestures.
3. Contractor, sub -contractors, suppliers and all employees shall be cognizant
of presence of the public in this building and shall be respectful of all City of
Lubbock employees and visitors.
D. Construction Operations: Limited to areas noted on Drawings.
1.06 OWNER OCCUPANCY
A. Lubbock Police Department occupies the shooting range on a regular basis.
B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations.
C. Coordinate noisy, odoriferous and disruptive work with Owner.
D. Schedule the Work to accommodate the Owner's continuing operations.
01100 - 1
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION 01100
This Section prepared by Thoma Engineering, Inc.
01100 - 2
SECTION 01200 - PRICE AND PAYMENT
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions (if any) and Division 1 - General Requirements apply to Work of this
Section.
1.02 SECTION INCLUDES
A. Schedule of Values.
B. Application for Payment.
C. Change Procedures.
1.03 RELATED SECTIONS
A. Section 01330 - Submittal Procedures: Schedule of Values.
B. Section 01600 - Product Requirements: Product substitutions.
1.04 SCHEDULE OF VALUES
A. Submit typed schedule on AIA Form G703 - Application and Certificate for Payment
Continuation Sheet.
B. Submit Schedule of Values in duplicate within 15 days after date established in
Notice to Proceed.
C. Format: Utilize the Table of Contents of this Project Manual. Identify each line item
with number and title of the major specification Section, separating labor and material
for each line item. Identify site mobilization, general conditions, bonds and insurance
as separate line items.
D. Include separately from each line item, a directly proportional amount of Contractor's
overhead and profit.
E. Revise schedule to list approved Change Orders, with each Application for
Payment.
1.05 APPLICATIONS FOR PAYMENT
A. Submit three copies of each application on AIA Form G702 - Application and
Certificate for Payment and AIA G703 - Continuation Sheet.
B. Content and Format: Utilize Schedule of Values for listing items in Application for
Payment.
C. Payment Period: As defined in Owner -Contractor agreement.
D. Include one copy of waiver of liens from each subcontractor.
1.06 CHANGE PROCEDURES
A. The Engineer will advise of minor changes in the Work not involving an adjustment
- to Contract Sum/Price or Contract Time as authorized by AIA A201, 2007 Edition,
Paragraph 7.4 by issuing Engineer's Supplemental Instructions on AIA Form G710.
B. The Engineer may issue a Construction Change Request which includes a detailed
description of a proposed change with supplementary or revised Drawings and
specifications and a change in Contract Time for executing the change. Contractor
will prepare and submit an estimate within 7 days.
C. The Contractor may propose a change by submitting request for change to the
Engineer, describing the proposed change and its full effect on the Work. Include
a statement describing the reason for the change, and the effect on the Contract
Sum/Price and Contract Time with full documentation and a statement describing
the effect on Work by separate or other contractors. Document any requested
substitutions in accordance with Section 01600.
01200 - 1
O. Pricing for change orders will be determined in accordance with paragraph 23 of the
General Conditions ofthe Agreement.
E. Change Order Forms: A|/\E)7O1Change Order. -1
F. Execution of Change Orders: Engineer will issue Change Orders for signatures of ( \
parties aoprovided inthe Conditions ofthe Contract.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OFSECTION 0120U
This Section Prepared byThomme Engineering, Inc.
Pi
9
O12OO'2
'-
1",
SECTION 01300 - ADMINISTRATIVE REQUIREMENTS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions (if any) and Division 1 - General Requirements apply to Work of this
Section.
1.02 SECTION INCLUDES
A. Project Information Management
B. Coordination
C. Preconstruction meeting
D. Request for information
E. Progress meetings
F. Preinstallation meetings.
1.03 PROJECT INFORMATION MANAGEMENT
A. Administration and exchange of project information will be accomplished through the
use of the Engineer's email.
B. Project information to be exchanged through email includes, but is not limited to, the
following:
1. Product Submittals
2. Requests for Information (RFI)
3. Applications for Payment
4. Schedules
5. Construction Change Requests (CCRs)
6. Close-out Documents
7. Construction Document Files
a. Weather Days
b. Electronic File Requests
C. Correspondence
d. Test Reports
e. Meeting Minutes
f. Field Reports
1.04 COORDINATION
A. Coordinate scheduling, submittals, and Work of the various Sections of the Project
Manual to assure efficient and orderly sequence of installation of interdependent
construction elements, with provisions for accommodating items installed later.
B. Coordinate completion and clean-up of Work of separate Sections in preparation for
Substantial Completion and for portions of Work designated for Owner's partial
occupancy.
C. After Owner occupancy of premises, coordinate access to site with Owner for
correction of defective Work and Work not in accordance with Contract Documents,
to minimize disruption of Owner's activities.
l 1.05 PRECONSTRUCTION MEETING
A. Engineer will schedule a meeting after Notice to Proceed.
B. Attendance Required: Owner, Engineer, Contractor and major Subcontractors.
C. Agenda:
1. Submission of executed bonds and insurance certificates.
2. Distribution of Contract Documents.
3. Submission of list of Subcontractors, list of products, Schedule of Values,
and progress schedule.
01300 - 1
I
4. Designation of personnel representing the parties in Contract and the
Engineer.
5. Procedures and processing of field decisions, submittals, substitutions,
applications for payments, proposal request, Change Orders, Request for
Information (RFI), and Contract closeout procedures.
6. Review Notice to Proceed (NTP) and Substantial Completion Dates.
7. Scheduling.
a. Use of premises by Owner and Contractor.
b. Owner's requirements.
C. Temporary utilities provided by Owner.
d. Security and housekeeping procedures.
e. Construction progress meetings.
f. Procedures for testing.
g. Procedures for maintaining record documents.
h. Requirements for start-up of equipment.
i. Inspection and acceptance of equipment put into service during
construction period.
D. Record minutes and distribute copies within three days after meeting to participants
with two copies to Engineer and those affected by decisions made.
1.06 REQUEST FOR INFORMATION
A. Contractor shall submit Requests For Information (RFI) on Contractor's standard
RFI form. BFI's shall be numbered sequentially and dated.
B. Only Contractor can submit RFIs to Engineer. RFI requests from subcontractors or
material suppliers shall be submitted to the Contractor. RFI requests from
subcontractors or material suppliers, submitted directly to the Engineer, will not be
considered, unless attached to the Contractor's standard Transmittal form.
C. All information indicated on the RFI shall be complete. A transmittal document,
returning the denied RFI request, will be provided with a response indicating action
to be taken by Contractor or additional information required.
D. RFIs may contain more than one item when the items are related issues. Otherwise,
only one item shall be addressed on each RFI request.
E. Engineer's response to the RFI will be in writing and issued to Contractor and Owner
electronically.
F. Responses from Engineer will not change any requirement of the Contract
Documents. Should Contractor believe an RFI response to cause a change to the
Contract, Contractor shall give written notice to Engineer in accordance with the
requirements in the Contract. Written notice shall include specific reasons and an
order of magnitude of Cost and/or Time that Contractor deems appropriate based
on the Engineer's RFI response. Contractor's written notice does not constitute a
Change Order, but provide a basis for further review and discussion with the
Engineer.
1.07 PROGRESS MEETINGS
A. Schedule and administer meetings throughout progress of the Work at minimum
once every two weeks.
B. Make arrangements for meetings, prepare agenda with copies for participants,
preside at meetings.
C. Attendance Required: Job superintendent, major Subcontractors and suppliers, and
Engineer, as appropriate to agenda topics for each meeting.
D. Agenda:
1. Review minutes of previous meetings.
2. Review of Work progress.
3. Field observations, problems, and decisions.
4. Identification of problems which impede planned progress.
01300 2
5.
Review of submittals schedule and status of submittals.
6.
Review of off -site fabrication and delivery schedules.
7.
Maintenance of progress schedule.
8.
Corrective measures to regain projected schedules.
9.
Planned progress during succeeding work period.
10.
Coordination of projected progress.
11.
Maintenance of quality and work standards.
12.
Effect of proposed changes on progress schedule and coordination.
13.
Other business relating to Work.
E. Record minutes, and distribute copies within three days to Engineer, participants,
and those
affected by decisions made.
1.08 PREINSTALLATION MEETING
A. When required in individual specification Sections, convene a pre -installation
meeting at work site prior to commencing work of the Section.
B. Require attendance of parties directly affecting, or affected by, work of the specific
Section.
C. Notify Engineer four days in advance of meeting date.
D. Prepare agenda and preside at meeting.
E. Review conditions of installation, preparation and installation procedures.
F. Review coordination with related work.
G. Record minutes, and distribute copies within three days after meeting to
participants, with three copies to Engineer.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 EXAMINATION
A. Verify that existing site conditions and substrate surfaces are acceptable for
subsequent Work.
B. Beginning new Work means acceptance of existing conditions.
C. Verify that existing substrate is capable of structural attachment of new Work being
applied or attached.
D. Examine and verify specific conditions described in individual specification sections.
E. Verify that utility services are available, of the correct characteristics, and in the
correct location.
A. Clean substrate surfaces prior to applying next material or substance.
B. Seal cracks or openings of substrate prior to applying next material or substance.
C. Apply any manufacturer required or recommended substrate primer, sealer, or
conditioner prior to applying any new material or substance in contact or bond.
This Section Prepared by Thoma Engineering, Inc.
01300 - 3
SECTION 01330 - SUBMITTAL PROCEDURES
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions (if any) and Division 1 - General Requirements apply to Work of this
Section.
1.02 SECTION INCLUDES
A.
Submittal procedures.
B.
Construction progress schedules.
C.
Proposed products list.
D.
Shop drawings.
E.
Product data.
F.
Samples.
G.
Design data.
H.
Certificates.
I.
Manufacturers' instructions.
J.
Manufacturers' field reports.
K.
Erection drawings.
1.03 RELATED SECTIONS
A. Section 01200 - Price and Payment: Schedule of Values
B. Section 01400 - Quality Requirements: Manufacturers' field services and reports;
Testing Laboratory Services.
C. Section 01700 - Execution Requirements: Contract warranty, manufacturer's
certificates and closeout submittals.
1.04 SUBMITTAL PROCEDURES
A. Contractor shall check all submittals BEFORE transmitting them to the Engineer.
Contractor shall mark submittals as: Approved, Approved As Noted, or
Rejected. Submittals marked Reviewed by the Contractor will be Rejected by
the Engineer and returned unchecked to the Contractor so they can be
checked by the Contractor.
B. Submit to Engineer for review for limited purpose of checking for conformance with
information given and design concept expressed in Contract Documents.
C. Produce copies and distribute in accordance with SUBMITTAL PROCEDURES
article and for record documents purposes described in Section 01700.
D. Transmit each submittal separately with Contractor's standard transmittal letter
including Contractor's name, address and phone number. Each submittal shall
contain only one specification section.
E. Sequentially number transmittals using Section number or Contractors other
sequential numbering system.
F. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing sheet and
detail number(s), and specification Section number, appropriate to submittal.
G. Apply Contractor's stamp, signed or initialed certifying that review, verification of
Products required, field dimensions, adjacent construction Work, and coordination
of information, is in accordance with the requirements of the Work and Contract
Documents.
H. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate
submission of related items.
I. For each submittal for review, allow 15 days excluding delivery time to and from the
Contractor.
01330 - 1
J. Identify variations from Contract Documents and product or system limitations which
may be detrimental to successful performance of completed Work.
r- K. Allow space on submittals for Contractor, and Engineer review stamps.
i L. Distribute copies of reviewed submittals to concerned parties. Instruct parties to
promptly report any inability to comply with provisions.
M. Submittals not requested will not be recognized or processed.
N. Format
1. Submit all submittals electronically using .PDF file extension or hard copy (5
copies) printed material in a format no larger than 24 x 36. Each electronic
submittal shall be a single .PDF file including transmittal letter. Multiple files for
the same submittal will not be accepted.
2. To ensure each page is legible, .PDF pages of drawings shall be the same
size/scale as a hard copy. Where applicable, scale symbols should be
provided to indicate scale. Illegible submittals will be rejected.
O. The submittal procedures described in this Article applies to the Construction
Progress Schedule, Products List, Shop Drawings, Product Data, Samples (actual
samples and digital files of same), Design Data, Test Reports, Certificates,
Manufacturer's Instructions and Field Reports, Erection Drawings and anyothertype
of submittal submitted to Engineer.
1.05 SUBMITTAL PROCESSING
A. Unless noted otherwise, electronic copies will be marked using PDF editing
software. Hard copies will be marked for transmittal back to Contractor.
B. Structural Steel submittals shall be submitted in hard copy format (5 copies), not in
PDF format.
C. It shall be contractor's, sub -contractor's, supplier's, vendor's, manufacturer's
responsibility to review Engineer's marked up drawings and/or PDF files and make
necessary correction(s) to submittals.
D. Produce copies and distribute in accordance with SUBMITTAL PROCEDURES
article and for record documents purposes described in Section 01700.
1.06 CONSTRUCTION PROGRESS SCHEDULES
A. Submit initial progress schedule for Engineer's review within 15 days after date
established in Notice to Proceed.
B. Revise and resubmit as required.
C. Submit revised schedule with each Application for Payment, identifying changes
since previous version.
D. Submit a horizontal bar chart with separate line for each section of Work, identifying
first work day of each week.
1.07 SHOP DRAWINGS
A.
Printable Image Size: Minimum 8 1/2 x 11 inches and maximum 30 x 42 inches.
B.
Draw details to a minimum scale of 1/2 inches equal to 1 foot.
C.
Draw all engineering plans to a minimum scale of 1/8 inch equal to 1 foot and all
engineering plans to a minimum scale of 1 inch equal to 30 feet.
D.
Construction Documents issued by the Engineer shall not be used in any shape,
form or fashion in the creation and development of shop drawings.
1.08 PRODUCT DATA
A.
Mark each copy to identify applicable products, models, options, and other data.
Supplement manufacturers' standard data to provide information unique to this
Project.
B.
Include recommendations for application and use, and reference to compliance with
specified standards of trade associations and testing agencies.
01330 - 2
C. Include notation of special coordination requirements for interfacing with adjacent
work and building utilities where applicable.
D. After review, distribute in accordance with Article titled SUBMITTAL PROCEDURES
above and provide copies for Record Documents described in Section 01700 -
Execution Requirements.
1.09 SAMPLES
A. Submit samples to illustrate functional and aesthetic characteristics of the product,
with integral parts and attachment devices. Accompany physical sample with color
digital image (photo or scanned PDF) of sample. Coordinate sample submittals for
interfacing work.
B. Unless otherwise specified, submit samples of finishes from manufacturers' full
range of standard colors, textures, and patterns, for Engineer's selection.
C. Where variations in color, pattern or texture are inherent in the material or product,
submit multiple samples to indicate the approximate range or variations.
D. Include full Project information and identification of manufacturer, model number,
type, style and color on each sample.
E. Submit the number of samples specified in individual specification Sections; one of
which will be retained by Engineer.
F. Reviewed samples which may remain as part of the Work are indicated in individual
specification Sections.
G. Samples will not be used for testing purposes unless specifically stated in individual
specification section.
1.10 DESIGN DATA
A. Submit for Engineer's knowledge as contract administrator or for Owner.
B. Submit for information for limited purpose of assessing conformance with
information given and design concept expressed in Contract Documents.
1.11 TEST REPORTS
A. Submit for Engineer's knowledge as contract administrator or for Owner.
B. Submit test reports for information for limited purpose of assessing conformance
with information given and design concept expressed in Contract Documents.
1.12 CERTIFICATES
A. When specified in individual specification sections, submit certification by
manufacturer, installation/application subcontractor, or Contractor to Engineer.
B. Indicate material or product conforms to or exceeds specified requirements. Submit
supporting reference data, affidavits, and certifications as appropriate.
C. Certificates may be recent or previous test results on material or product, but must
be acceptable to Engineer.
1.13 MANUFACTURER'S INSTRUCTIONS
A. When specified in individual specification sections, submit manufacturers' printed
instructions for delivery, storage, assembly, installation, start-up, adjusting, and
finishing.
B. Identify conflicts between manufacturers' instructions and Contract Documents.
C. Indicate special procedures, conditions requiring special attention and special
environmental criteria required for application or installation.
1.14 MANUFACTURER'S FIELD REPORTS
A. Submit reports for Engineer's benefit as contract administrator or for Owner.
B. Submit report within 30 days of observation to Engineer for information.
C. Submit for information for limited purpose of assessing conformance with
information given and design concept expressed in Contract Documents.
01330 - 3
1.15 ERECTION DRAWINGS
A. Submit drawings for Engineer's benefit as contract administrator or for Owner.
B. Submit for information for limited purpose of assessing conformance with
information given and design concept expressed in Contract Documents.
C. Data indicating inappropriate or unacceptable Work may be subject to action by
Engineer or Owner.
PART2-PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION 01330
This Section prepared by Thoma Engineering, Inc.
01330 - 4
SECTION 01400 - QUALITY REQUIREMENTS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions (if any) and Division 1- General Requirements apply to Work of this
Section.
1.02 SECTION INCLUDES
A.
Quality control and control of installation.
B.
Tolerances.
C.
Manufacturers' field services.
D.
Examination
E.
Preparation
1.03 RELATED SECTIONS
A. Section 01330 - Submittal Procedures: Submission of Manufacturers' Instructions
and Certificates.
B. Section 01410 - Testing Laboratory Services.
C. Section 01420 - Reference Standards.
D. Section 01600 - Product Requirements: Requirements for material and product
quality.
E. Section 01700 - Execution Requirements: Starting of Systems.
1.04 QUALITY CONTROL AND CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, products, services, site
conditions, and workmanship, to produce Work of specified quality.
B. Comply with manufacturers' instructions, including each step in sequence.
C. Should manufacturers' instructions conflict with Contract Documents, request
clarification from Engineer before proceeding.
D. Comply with specified standards as a minimum quality for the Work except when
more stringent tolerances, codes, or specified requirements indicate higher
standards or more precise workmanship.
E. Perform work by persons qualified to produce workmanship of specified quality.
F. Verify field measurements are as indicated on Shop Drawings or as instructed by
manufacturer.
G. Secure products in place with positive anchorage devices designed and sized to
withstand stresses, vibration, physical distortion or disfigurement.
1.05 TOLERANCES
A. Monitor fabrication and installation tolerance control of products to produce
acceptable Work. Do not permit tolerances to accumulate.
B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict
with Contract Documents, request clarification from Engineer before proceeding.
C. Adjust products to appropriate dimensions; position before securing in place.
1.06 MANUFACTURERS' FIELD SERVICES
A. When specified in individual specification Sections, require material or product
suppliers or manufacturers to provide qualified staff personnel to observe site
conditions, conditions of surfaces and installation, quality of workmanship, and start-
up of equipment, test, adjust, and balance of equipment as applicable, and to initiate
instructions when necessary.
B. Submit qualifications of observer to Engineer 30 days in advance of required
observations. Observer subject to approval of Engineer.
C. Report observations and site decisions or instructions given to applicators or
installers that are supplemental or contrary to manufacturers' written instructions.
D. Referto Section 01330 - SUBMITTAL PROCEDURES, MANUFACTURERS' FIELD
t.
REPORTS article.
-, PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 EXAMINATION
A. Verify existing site conditions and substrate surfaces are acceptable for subsequent
Work. Beginning new Work means acceptance of existing conditions.
B. Verify existing substrate is capable of structural support or attachment of new Work
being applied or attached.
C. Examine and verify specific conditions described in individual specification sections.
D. Verify utility services are available, of correct characteristics, and in correct
locations.
3.02 PREPARATION
A. Clean substrate surfaces prior to applying next material or substance.
B. Seal cracks or openings of substrate prior to applying next material or substance.
C. Apply manufacturer required or recommended substrate primer, sealer, or
conditioner prior to applying new material or substance in contact or bond.
END OF SECTION 01400
This Section prepared by Thoma Engineering, Inc.
�7�LLiI��
SECTION 01410 -TESTING LABORATORY SERVICES
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions (if any) and Division 1 - General Requirements apply to Work of this
Section.
1.02 SECTION INCLUDES
A.
Selection and payment.
B.
Contractor submittals.
C.
Laboratory responsibilities.
D.
Laboratory reports.
E.
Limits on testing laboratory authority.
F.
Contractor responsibilities.
G.
Schedule of inspections and tests.
1.03 RELATED SECTIONS
A. Section 01200 - Price and Payment: Allowance for payment of testing services.
B. Section 01300 - Submittals: Manufacturer's certificates.
C. Section 01700 - Execution Requirements: Project Record Documents.
D. Individual Specification Sections: Inspections and tests required, and standards for
testing.
1.04 REFERENCES
A. ANSI/ASTM D3740 - Practice for Evaluation of Agencies Engaged in Testing and/or
Inspection of Soil and Rock as Used in Engineering Design and Construction.
B. ANSI/ASTM E329 - Recommended Practice for Inspection and Testing Agencies
for Concrete, Steel, and Bituminous Materials as Used in Construction.
1.05 SELECTION AND PAYMENT
A. Owner shall employ and pay for services of an independent testing laboratory to
perform specified inspection and testing.
B. Employment of testing laboratory by Owner shall in no way relieve Contractor of
obligation to perform work in accordance with requirements of Contract Documents.
1.06 QUALITY ASSURANCE
A. Comply with requirements of ANSUASTM E329 and ANSI/ASTM D3740R.
B. Laboratory: Authorized to operate in State of Texas.
C. Laboratory Staff: Maintain a full time registered Engineer on staff to review services.
D. Testing Equipment: Calibrated at reasonable intervals with devices of an accuracy
traceable to either National Bureau of Standards (NBS) standards or accepted
values of natural physical constants.
1.07 CONTRACTOR SUBMITTALS
A. Prior to start of Work, submit testing laboratory name, address, and telephone
number, and names of full time registered Engineer and responsible officer.
B. Submit copy of reportof laboratory facilities inspection made by Materials Reference
Laboratory of National Bureau of Standards during most recent inspection, with
memorandum of remedies of deficiencies reported by inspection.
C. Submit Testing Laboratory firm's reports to the Engineer, in triplicate, indicating
observations and results of tests and indicating compliance or non-compliance with
Contract Documents.
01410 - 1
D. Testing and employment of testing agency or laboratory does not relieve Contractor
from performing Work to contract requirements.
E. Perform re -testing and/or re -inspection required because of non-conformance to
specified requirements using the same testing agency or laboratory. Payment for
retesting will be the Contractor's responsibility.
1.08 LABORATORY RESPONSIBILITIES
A. Test samples of mixes submitted by Contractor.
B. Provide qualified personnel at site. Cooperate with Engineer and Contractor in
performance of services.
C. Perform specified inspection, sampling, and testing of Products in accordance with
specified standards.
D. Ascertain compliance of materials and mixes with requirements of Contract
Documents.
E. Promptly notify Engineer and Contractor of observed irregularities or non-
conformance of Work or Products.
F. Perform additional inspections and tests required by Engineer.
G. Attend preconstruction conferences and progress meetings.
1.09 LABORATORY REPORTS
A. After each inspection and test, promptly submit two copies of laboratory report to
Engineer and to Contractor.
B. Include:
1. Date issued
2. Project title and number
3. Name of inspector
4. Date and time of sampling or inspection
5. Identification of product and Specifications Section
6. Location in the Project
7. Type of inspection or test
8. Date of test
9. Results of tests
10. Conformance with Contract Documents
C. When requested by Engineer, provide interpretation of test results.
1.10 LIMITS ON TESTING LABORATORY AUTHORITY
A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract
Documents.
B. Laboratory may not approve or accept any portion of the Work.
C. Laboratory may not assume any duties of Contractor.
D. Laboratory has no authority to stop the Work.
y 1.11 CONTRACTOR RESPONSIBILITIES
A. Deliver to laboratory at designated location, adequate samples of materials
proposed to be used which require testing, along with proposed mix designs.
B. Cooperate with laboratory personnel, and provide access to the Work.
C. Provide incidental labor and facilities to provide access to Work to be tested, to
obtain and handle samples at the site or at source of products to be tested, to
facilitate tests and inspections, storage and curing of test samples.
D. Notify Engineer and laboratory minimum 24 hours prior to expected time for
operations requiring inspection and testing services.
�y y E. Employ services of a separate qualified testing laboratory, arrange with laboratory
and pay for additional samples and tests required by Contractor beyond specified
requirements.
01410 - 2
1.12 SCHEDULE OF INSPECTIONS AND TESTS
A. As indicated in individual Specification Sections.
PART 2-PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION 01410
This Section prepared by Thoma Engineering, Inc.
01410 - 3
SECTION 01420 - REFERENCE STANDARDS
- PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions (if any) and Division 1 - General Requirements apply to the Work of this
Section.
1.02 SECTION INCLUDES
A. Quality assurance.
B. Schedule of references.
1.03 QUALITY ASSURANCE
A. For products or workmanship specified by association, trade, or other consensus
standards, comply with requirements of the standard, except when more rigid
requirements are specified or are required by applicable codes.
B. Conform to reference standard by date of issue current on date of Contract
Documents.
C. Obtain copies of standards when required by Contract Documents.
D. Should specified reference standards conflict with Contract Documents, request
clarification from Engineer before proceeding.
E. The contractual relationship duties and responsibilities of the parties in Contract nor those of
the Engineer shall not be altered from the Contract Documents by mention or inference
otherwise in any reference document.
1.04 SCHEDULE OF REFERENCES
ACI American Concrete Institute
P.O. Box 9094
Farmington Hills, MI 48333-9094
www.aci-int.org
ACI ACI International
P.O. Box 9094
Farmington Hills, MT 48333-9094
ADSC The International Association of Foundation Drilling
9696 Skillman Street, Suite 280
Dallas, TX 75243
www.adsc-iafd.com
AF&PAAmerican Forest & Paper Association
1111 Nineteenth St. NW, Suite 800
Washington, DC 20036
www.afandpa.org
AIA American Institute of Architects
1735 New York Avenue,N.W.
Washington, DC 20006 (606) 288-4960
AISC American Institute of Steel Construction
One East Wacker Dr., Suite 3100
Chicago, IL 60601-2001
www.aisc.org
(214) 681-5994
(202) 463-2700
(312) 670-2400
01420 - 1
ISI
American Iron and Steel Institute
1101 17th St., NW, Suite 1300
Washington, DC 20036
www.steel.org
ANSI
American National Standards Institute
1819 L. Street, N.W.
Washington, DC 20036
www.ansi.oM
APA/EWA
APA-The Engineered Wood Association
P.O. Box 11700
Tacoma, WA 98411-0700
www.a awood.or
ASCE
American Society of Civil Engineers World Headquarters
1801 Alexander Graham Bell Dr. Reston, VA 20191-4400
www.asce.ora
ASTM
American Society for Testing and Materials
100 Barr Harbor Dr.
West Conshohocken, PA 19428-2959
www.astm.org
AWS
American Welding Society
550 LeJeune Road, N.W.
CFR
Code of Federal Regulations
North Capitol Street between G & H Streets, NW
Washington, DC 20402
CLFMI
Chain Link Fence Manufacturers Institute
1101 Connecticut Avenue, N.W.
Washington, DC 20036
CRSI
Concrete Reinforcing Steel Institute
933 Plum Grove Road
Schaumburg, IL 60195
ICC
International Code Conference
5360 S. Workman Mill Road
Whittier, CA 90601
NFPA
National Fire Protection Association
Battery March Park
Quincy, MA 02269
NfoPA
National Forest Products Association
1619 Massachusetts Avenue, N.W.
Washington, DC 20036
NPCA
National Paint and Coating Association
1500 Rhode Island Avenue N.W.
Washington, D.C. 20005
OSHA
Occupational Safety and Health Administration
(U. S . Department of Labor)
Government Printing Office
Washington, D.C. 20402
(202) 452-7100
(202) 293-8020
(253) 565-6600
(703) 295-6300
(800) 548-2723
(601) 832-9585
(800) 443-9353
(305) 443-9353
01420 - 2
PCA Portland Cement Association
5420 Old Orchard Road
Skokie, IL 60077
SSPC
Steel Structures Painting Council
4400 Fifth Avenue
Pittsburgh, PA 15213
WCLIB
West Coast Lumber Inspection Bureau
6980 S.W. Varns Road
P.O. Box 23145
Portland, OR 97223
WRI
Wire Reinforcement Institute
8361 A Greensboro Drive
McLean, VA 22102
WWPA
Western Wood Products Association
1500 Yeon Building
Portland, OR 97204
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION 01420
This Section prepared by Thoma Engineering, Inc.
01420 - 3
SECTION 01500 - TEMPORARY FACILITIES & CONTROLS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions (if any) and Division 1 - General Requirements apply to Work of this
Section.
1.02 SECTION INCLUDES
A. Documentation of Existing Conditions
B. Temporary Utilities: Electricity, lighting, heat, ventilation, communication services,
water, and sanitary facilities.
C. Temporary Controls: Barriers, enclosures fencing, protection of the W ork, and water
control.
D. Construction Facilities: Field offices storage sheds, vehicular access, parking,
progress cleaning, and project identification.
E. Removal of utilities, facilities, and controls.
1.03 RELATED SECTIONS
A. Section 01700 - Execution Requirements: Final Cleaning.
1.04 DOCUMENTATION OF EXISTING CONDITIONS
A. Prior to starting work, take photographs or video of all existing conditions that will
be affected or impacted by the work of this project.
B. Provide one copy of documentation to Engineer.
1.05 TEMPORARY ELECTRICITY
A. Use Contractor's portable power generators or Owner's power service from existing
electrical utility source.
B. Provide temporary electric feeder from electrical service at location as indicated.
C. Power Service Characteristics: 120/208V and 277/480V.
D. Provide power outlets for construction operations, with branch wiring and
distribution boxes as required.
E. Provide flexible power cords as required.
F. If a field office is provided, provide temporary disconnect and overcurrent
protection in conformance with National Electric Code or service to said field
office.
G. Permanent convenience receptacles in the new Storage Building may be
utilized during construction.
H. Provide adequate distribution equipment, wiring, and outlets to provide single
phase branch circuits for power and lighting.
1. Provide 20 ampere duplex outlets, single phase circuits for power tools
for every 2000 sq ft of active work area and at specific locations as
required.
2. Provide 20 ampere, single phase branch circuits for lighting.
1.06 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES
A. Provide and maintain temporary lighting for construction operations to achieve
a minimum lighting level of 2 watts/sq ft.
B. Provide and maintain 1 watt/sq ft lighting to exterior staging and storage areas
after dark for security purposes.
01500 - 1
l
C. Provide and maintain 0.25 watt/sq ft H.I.D. lighting to interior work areas after
dark for security purposes.
D. Provide branch wiring from power source to distribution boxes with lighting
conductors, pigtails, and lamps as required.
E. Maintain lighting and provide routine repairs.
1.07 TEMPORARY COMMUNICATION SERVICES
A. Hardwired telephone service is not required.
B. As a minimum, provide cellular mobile telephone service for the on -site
superintendent and home office telephone service.
C. Contractor shall be capable of receiving electronic transmissions via email, but
is not required to have a hard -wired internet connection.
D. Provide fax and copy capability. Contractor shall not use City of Lubbock's fax
or copy equipment.
1.08 TEMPORARY WATER SERVICE
A. Use Owner's existing water service.
1.09 TEMPORARY SANITARY FACILITIES
A. Provide and maintain required facilities and enclosures.
B. Existing facilities, within the existing Police Department buildings, shall not be
used by Contractor, sub -contractors or suppliers.
1.10 FIELD OFFICES AND SHEDS
A.
Office
1. Contractor is not required to have an on -site office. However, no space
is available in the existing Lubbock Police Department building to
provide office space.
2. If Contractor chooses to provide a field office, it shall be located at the
location approved by the Lubbock Police Department. Contractor shall
be responsible for running temporary power to the office from the
Owner's existing electrical panel on the north side of the building and for
protecting above ground wiring in Schedule 80 pvc conduit or
accordance with NEC requirements for temporary wiring.
3. If an office is provided, anchor to prevent displacement and equip with
drawing display table as a minimum.
4. Provide temporary communications services specified in this Section.
B.
Storage Areas and Sheds
1. Size storage to requirements for products of individual Sections,
'
allowing for access and orderly provision for maintenance and for
inspection of products to requirements of Section 01600.
2. Fire Extinguishers: Appropriate type fire extinguisher at each storage
-
area.
3. Interior Materials in Storage Sheds: As required to provide specified
environmental conditions for storage of products.
4. Heating and Ventilation: As required to maintain products in accordance
with Contract Documents
5. Lighting: As required for maintenance and inspection of products.
j C.
Preparation: Fill and grade sites for temporary structures sloped for drainage
away from buildings.
D.
Installation: If provided, install office space ready for occupancy 15 days after
date fixed in Notice to Proceed.
E.
Maintenance and Cleaning:
1. Weekly cleaning and maintenance for office and storage areas.
2. Maintain approach free of mud, water, and snow.
01500 - 2
F. Removal: At completion of Work remove buildings, foundations, utility services,
and debris.
G. Restore areas under office, storage sheds and open storage to original
condition.
1.11 EMPLOYEE RESIDENTIAL OCCUPANCY
A. Not allowed on Owner's property.
1.12 VEHICULAR ACCESS
A. Use Owner's roads. Protect from damage.
B. Contractor's and sub -contractor's equipment shall not restrict visitors or
employees access and egress from the site.
1.13 PARKING
A. Parking for contractor, sub -contractors and suppliers is available on site in the
immediate vicinity of the firing range.
B. Schedule deliveries and park delivery vehicles in a manner that creates minimal
interference with on -going city operations.
C. Use of designated existing on -site roads for construction traffic is permitted, but
must be coordinated with Owner.
1.14 PROGRESS CLEANING
A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a
clean and orderly condition.
B. Remove waste materials, debris, and rubbish from site and dispose off -site at
intervals as required to maintain clean site.
C. Provide and pay for waste container for all construction debris.
D. Return surfaces under waste container to original condition.
1.15 PROJECT IDENTIFICATION
A. Project Identification Sign
1. Not required. If provided, comply with following requirements
a. Lettering: Exterior paint of quality adequate to withstand
weathering, fading, and chipping for duration of construction,
colors as selected with exhibit lettering by professional sign
painter.
b. Install project identification sign within 15 days after date fixed by
Notice to Proceed.
C. Erect on site at location directed by Owner.
d. Erect supports and framing on secure foundation, rigidly braced
and framed to resist wind loadings.
e. Install sign surface plumb and level, with butt joints. Anchor
securely.
f. Paint exposed surfaces of sign supports and framing.
B. No other signs are allowed without Owner's permission except those required by
law.
C. Maintenance: Maintain signs and supports clean, repair deterioration and damage.
D. Removal: Remove signs, framing, supports, and foundations at completion of
Project and restore area to original condition.
1.16 BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas and to protect
adjacent properties from damage from construction operations and demolition.
B. Protect non -owned vehicular traffic and stored materials from damage.
01500 - 3
1.17 TEMPORARY FENCING
A. Construction fencing is not required.
1.18 SECURITY
A. Security Program:
1. Protect Work from theft, vandalism, and unauthorized entry.
2. Initiate program at project mobilization.
3. Maintain program throughout construction period until Owneracceptance precludes
need for Contractor security
B. Entry Control:
t - 1. Restrict entrance of persons and vehicles into Project site and portions of
building occupied prior to final completion.
2. Allow entrance only to authorized persons with proper identification.
C. Restrictions:
1. Do not allow cameras on site or photographs taken except by written
approval of Owner.
1.19 DUST CONTROL
A. Execute Work by methods to minimize raising dust from construction operations.
B. Provide means to reduce dust raised by construction operations.
1.20 PEST AND RODENT CONTROL
A. Provide methods, means, and facilities to prevent pests, insects and rodents from
damaging the Work.
1.21 POLLUTION CONTROL
A. Provide methods, means, and facilities to prevent contamination of soil, water, and
atmosphere from discharge of noxious, toxic substances, and pollutants produced
by construction operations.
B. Comply with pollution and environmental control requirements of authorities having
jurisdiction.
1.22 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual
specification Sections.
B. Provide temporary and removable protection for installed Products. Control activity
in immediate work area to minimize damage.
C. Provide protective coverings at openings in walls, roof, and soffits.
D. Protect finished walkways, drives, and other surfaces from traffic, dirt, wear,
damage, or movement of heavy objects, by protecting with durable sheet materials.
E. Prohibit traffic or storage upon roofed surfaces. If traffic or activity is necessary,
obtain recommendations for protection from roofing material manufacturer.
1.23 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary above grade utilities, equipment, facilities, and materials as soon
as permanent facilities can be utilized.
B. Remove risers for underground utilities to a minimum depth of 2 feet and cap.
I C. Remove buried equipment, facilities, and materials completely.
D. Backfill excavations as specified in other sections and grade site as indicated.
E. Clean and repair damage caused by installation or use of temporary work.
F. Restore existing facilities used during construction to original condition. Restore
permanent facilities used during construction to specified condition.
G. When no longer needed, remove office, storage sheds and enclosures, if provided,
and restore surface(s) under same to original condition.
01500 - 4
�w
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION 01500
This Section Prepared by Thoma Engineering, Inc.
F
SECTION 01600 - PRODUCT REQUIREMENTS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions (if any) and Division 1 - General Requirements apply to Work of this
Section.
1.02 SECTION INCLUDES
A. Products.
B. Product delivery, storage and handling.
C. Product options.
D. Substitutions.
1.03 RELATED SECTIONS
A. Document 00200 - Instructions to Bidders: Product options and substitution
procedures.
B. Section 01400 - Quality Requirements: Product quality monitoring. Testing
Laboratory Services.
1.04 PRODUCTS
A. Products: Means new material, machinery, components, equipment, fixtures, and
systems forming the Work and does not include machinery and equipment used for
preparation, fabrication, conveying and erection of the Work. Products may also
include existing materials or components required for reuse.
B. Do not use materials and equipment removed from existing premises, except as
specifically permitted by the Contract Documents.
C. Provide interchangeable components of the same manufacturer, for similar
components.
D. Materials required to match existing work and not otherwise specified, shall be equal
to the existing work in quality, color and finish. Workmanship and installation shall
be comparable to adjacent existing work. The Engineer shall be the sole authority
in determination of acceptable work.
1.05 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Delivery
1. Deliver materials, products and equipment to the project site in
manufacturer's original, unopened containers or packaging, with identifying
labels intact and legible.
2. Promptly inspect shipments to assure that products comply with
requirements, quantities are correct, and products are undamaged.
3. Provide equipment and personnel to handle products by methods to prevent
soiling, disfigurement, or damage.
4. Arrange deliveries in accord with the construction schedule and in ample
time to facilitate inspection prior to installation to avoid unnecessary delays
in the construction process.
B. Storage
1. Store and protect products in accordance with manufacturer's instructions,
with seals and labels intact and legible.
2. Store sensitive products in weather -tight, climate controlled enclosures.
3. For exterior storage of fabricated products, place on supports, above
ground, sloped to drain water.
01600 - 1
4. Cover products subject to deterioration with impervious sheet covering.
Provide ventilation to avoid condensation or potential degradation of
Products.
5. Store loose granular materials on solid flat surfaces in a well -drained area.
Prevent mixing with foreign matter.
6. Provide equipment and personnel to store products by methods to prevent
soiling, disfigurement, or damage.
7. Arrange storage of products to permit access for inspection. Periodically
inspect to verify products are undamaged and are maintained in acceptable
condition.
8. All materials, products and equipment shall be stored on site.
C. Handling
1. Handle materials, products and equipment in a manner prescribed by t
manufacturer or specified to protect from damage during storage and
installation.
1.06 PRODUCT OPTIONS
A.
Products Specified by Reference Standards or by Description Only: Any product
meeting those standards or description.
B.
Products Specified by Naming One or More Manufacturers: Products of
manufacturers named and meeting specifications, no options or substitutions
allowed.
C.
Products Specified by Naming One or More Manufacturers with a Provision for Substitutions:
Submit a request for substitution for any manufacturer not named in accordance
with the following article.
1.07 SUBSTITUTIONS
A.
Engineer will consider requests for substitutions only within 15 days after date
established in Notice to Proceed.
B.
Substitutions may be considered when a product becomes unavailable through no
d
fault of the Contractor.
C.
Document each request with complete data substantiating compliance of proposed
Substitution with Contract Documents.
D.
A request constitutes a representation that the Bidder:
1. Has investigated proposed product and determined that it meets or exceeds
1
the quality level of the specified product.
2. Will provide the same warranty for the Substitution as for the specified
product.
3. Will coordinate installation and make changes to other Work which may be
required for the Work to be complete with no additional cost to Owner.
4. Waives claims for additional costs or time extension which may
subsequently become apparent.
I
5. Will reimburse Owner for review or redesign services associated with re-
4 }
approval by authorities.
E.
Substitutions will not be considered when they are indicated or implied on shop
drawing or product data submittals, without separate written request, or when
i
acceptance will require revision to the Contract Documents.
F.
Substitution Submittal Procedure:
1. Submit four copies of request for Substitution for consideration. Limit each
request to one proposed Substitution.
2. Submit shop drawings, product data, and certified test results attesting to the
proposed product equivalence.
3. The Engineer will notify Contractor, in writing, of decision to accept or reject
request.
01600 - 2
PART 2-PRODUCTS.
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION 01600
This Section prepared by Thoma Engineering, Inc.
01600 - 3
3. Maintain shoring and bracing in excavations regardless of time period
excavations will be open. Carry down shoring and bracing as excavation
progresses.
I. Dewatering: Prevent surface water and subsurface or ground water from flowing
into excavations and from flooding project site and surrounding area.
1. Do not allow water to accumulate in excavations. Remove water to prevent
softening of foundation bottoms, undercutting footings and soil changes
detrimental to stability of subgrades and foundations. Provide and maintain
pumps, well points, sumps, suction and discharge lines and other
dewatering system components necessary to convey water away from
excavations.
2. Convey water removed from excavations and rain water to collecting or
run-off areas. Establish and maintain temporary drainage ditches and other
diversions outside excavation limits for each structure. Do not use trench
excavations as temporary drainage ditches.
J. Material Storage: Stockpile satisfactory excavated materials where directed, until
required for backfill or fill. Place, grade and shape stockpiles for proper drainage.
1. Locate and retain soil materials away from edge of excavations.
2. Dispose of excess soil material and waste materials as herein specified.
K. Excavation for Structures
1. Conform to elevations and dimensions shown within a tolerance of plus or
minus 0.10 foot, and extending a sufficient distance from footings and
foundations to permit placing and removal of concrete formwork, installation
of services, other construction and for inspection.
2. In excavating for footings and foundations, take care not to disturb bottom
of excavation. Excavate by hand to final grade just before concrete
reinforcement is placed. Trim bottoms to required lines and grades to leave
solid base to receive other work.
L. Cold Weather Protection: Protect excavation bottoms against freezing when
atmospheric temperature is less than 35 degrees F. (1 degree C.)
3.02 COMPACTION
A. General: Control soil compaction during construction providing minimum
percentage of density specified for each area classification.
B. Percentage of Minimum Density Requirements: Compact soil to not less than the
following percentages of maximum dry density for soils which exhibit a well-defined
moisture -density relationship determined in accordance with ASTM D698 (Standard
Proctor) at 2% above to 1 % below optimum moisture content; and not less than the
following percentages of relative density, determined in accordance with ASTM
D2049, for soils which will not exhibit a well-defined moisture -density relationship.
1. Lawn or Unpaved Areas: Compact top 6" of subgrade and each layer of
backfill or fill material at 90% maximum dry density.
C. Moisture Control: Where subgrade or layer of soil material must be moisture
conditioned before compaction, uniformly apply water to surface of subgrade, or
layer of soil material, to prevent free water appearing on surface during or
subsequent to compaction operations.
1. Remove and replace, or scarify and air dry, soil material that is too wet to
permit compaction to specified density.
2. Soil material that has been removed because it is too wet to permit
compaction may be stockpiled or spread and allowed to dry. Assist drying
by discing, harrowing or pulverizing until moisture content is reduced to a
satisfactory value.
02200 - 3
3.03 BACKFILL AND FILL
A. General: Place acceptable soil material in layers to required subgrade elevations
for each area classification listed below.
1. In excavations, use satisfactory excavated or borrow material.
2. Under grassed areas, use satisfactory excavated or borrow material.
B. Backfill excavations as promptly as work permits but not until completion of the
following:
1. Acceptance of construction below finish grade including, where applicable,
dampproofing, waterproofing and perimeter insulation.
2. Inspection, testing, approval and recording locations of underground utilities.
3. Removal of concrete formwork.
4. Removal of trash and debris.
C. Ground Surface Preparation
1. Remove vegetation, debris, unsatisfactory soil materials, obstructions and
deleterious materials from ground surface prior to placement of fills. Plow,
strip or break-up so that fill material will bond with existing surface.
2. When existing ground surface has a density less than that specified under
"Compaction" for particular area classification, break up ground surface,
pulverize, moisture -condition to optimum moisture content and compact to
required depth and percentage of maximum density.
D. Placement and Compaction
1. Place backfill and fill materials in layers not more than 8" in loose depth for
material compacted by heavy compaction equipment and not more than 4"
in loose depth for material compacted by hand -operated tampers.
2. Before compaction, moisten or aerate each layer as necessary to provide
optimum moisture content. Compact each layer to required percentage of
maximum dry density or relative dry density for each area classification. Do
not place backfill or fill material on surfaces that are muddy, frozen or
contain frost or ice.
3. Place backfill and fill materials evenly adjacent to structures to required
elevations. Take care to prevent wedging action of backfill against
structures by carrying material uniformly around structure to approximately
same elevation in each lift.
3.04 GRADING
A. General: Uniformly grade areas within limits of grading under this section, including
adjacent transition areas. Smooth finished surface within specified tolerances,
compact with uniform levels or slopes between points where elevations are shown
or between such points and existing grades.
B. Grade areas adjacent to foundations to drain away from structures and to prevent
ponding.
C. Finish surfaces free from irregular surface changes and as follows:
1. Lawn or Unpaved Areas: Finish areas to receive topsoil to within not more
than 0.10 foot above or below required subgrade elevations.
D. Compaction: After grading, compact subgrade surfaces to the depth and
percentage of maximum density for each area classification.
3.05 FIELD QUALITY CONTROL
A. Quality Control Testing During Construction
1. Allow testing service to inspect and approve subgrades and fill layers before
further construction work is performed.
2. Perform field density tests in accordance with ASTM D1556 (Sand Cone
Method) or ASTM D2167 (Rubber Balloon Method), or ASTM D2922,
(Nuclear Gage Method) as applicable.
02200 - 4
B. Subgrade
1. Make at least one field density test of subgrade for every 2000 sq. ft. of
subgrade, but in no case less than 3 tests. In each compacted fill layer,`
make one field density test for every 2000 sq. ft. of subgrade, but in no case
less than 3 tests. Subsequent layers shall be placed only after the previous
compacted layer has been tested and approved by the testing laboratory
and Engineer.
C. Berm Backfill: Take at least 2 field density tests per lift, at locations and elevations
as directed.
D. If, in opinion of Engineer, based on testing service reports and inspection, subgrade
or fills which have been placed are below specified density, provide additional
compaction and testing at no additional expense to the Owner.
3.06 MAINTENANCE
A. Protection of Graded Areas
1. Protect newly graded areas from traffic and erosion. Keep free of trash and
debris.
2. Repair and re-establish grades in settled, eroded and rutted areas to
specified tolerances.
B. Reconditioning Compacted Areas: Where completed compacted areas are
disturbed by subsequent construction operations or adverse weather, scarify
surface, re -shape and compact to required density prior to further construction.
3.07 DISPOSAL OF EXCESS AND WASTE MATERIALS
A. Removal from Owner's Property
1. Remove waste materials, including unacceptable excavated material, trash
and debris and dispose of it off Owner's property.
END OF SECTION 02200
This Section prepared by Thoma Engineering, Inc.
02200 - 5
I__
SECTION 02230 - SITE CLEARING
PART 1- GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, and Division 1 -
' General Requirements apply to Work of this Section.
1.02 SECTION INCLUDE
A. Clearing and grubbing.
a B. Topsoil stripping.
1.03 RELATED SECTIONS
A. Section 01500 - Temporary Facilities and Controls: Temporary utilities, temporary
construction and support facilities, temporary security and protection facilities, and
environmental protection measures during site operations.
B. Section 02200 — Earthwork: Fill materials, excavating, backfilling, and site grading.
1.04 DEFINITIONS
A. Topsoil: Natural or cultivated surface -soil layer containing organic matter and sand,
silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray,
or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and
other objects more than 1 inch in diameter; and free of weeds, roots, and other
deleterious materials.
1.05 MATERIALS OWNERSHIP
A. Except for materials indicated to be stockpiled or to remain Owner's property,
cleared materials shall become Contractor's property and shall be removed from the
site.
1.06 SUBMITTALS
A. A. Record drawings according to Section 01700 — Execution Requirements
1. Identify and accurately locate capped utilities and other subsurface
structural, electrical, and mechanical conditions.
1.07 PROJECT CONDITIONS
A. Traffic: Minimize interference with adjoining roads, walks, and other adjacent
occupied or used facilities during site -clearing operations.
1. Do not close or obstruct roads, walks, or other adjacent occupied or used
facilities without permission from Owner.
B. Notify utility locator service to have utilities located and marked in project area
before site clearing activities begin.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 PREPARATION
A. Protect and maintain benchmarks and survey control points from disturbance during
construction.
B. Provide erosion -control measures to prevent soil erosion and discharge of soil -bearing water
runoff or airborne dust to adjacent properties and walkways.
02230 - 1
C. Protect existing site improvements to remain from damage during construction.
1. Restore damaged improvements to their original condition, as acceptable to Owner.
D. Verify that existing plant life or items designated to remain are tagged or identified.
3.02 UTILITIES
A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Ownerorothers unless
permitted under the following conditions and then only after arranging to provide temporary
utility services according to requirements indicated:
1. Notify Architect/Engineer not less than two days in advance of proposed utility
interruptions.
2. Do not proceed with utility interruptions without Architect's/Engineer's written
permission.
3.03 CLEARING AND GRUBBING
A. Remove obstructions, grass, and other vegetation to permit installation of new construction.
B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material,
unless further excavation or earthwork is indicated.
1. Place fill material in horizontal layers not exceeding 8-inch loose depth, and compact
each layer to a density equal to adjacent undisturbed ground.
3.04 TOPSOIL STRIPPING
A. Remove sod and grass before stripping topsoil.
B. Strip topsoil to whatever depths are encountered in a manner to prevent intermingling with
underlying subsoil or other waste materials.
1. Strip surface soil of unsuitable topsoil, including trash, debris, weeds, roots, and other
waste materials.
C. Stockpile topsoil materials away from edge of excavations without intermixing with subsoil
Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust.
1. Limit height of topsoil stockpiles to 72 inches.
2. Stockpile surplus topsoil and allow for re -spreading deeper topsoil.
3.05 DISPOSAL
A. Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished
materials, and waste materials, including trash and debris, and legally dispose of them off
Owner's property.
END OF SECTION 02230
This Section prepared by Thoma Engineering, Inc.
02230 - 2
SECTION 02380 - DRILLED PIERS
PART 1 - GENERAL
i'
1.01 RELATED DOCUMENTS
-t A. Drawings and general provisions of Contract, including General and Supplementary
I Conditions and other Division 1 Specification Sections, apply to work of this Section.
1.02 DESCRIPTION OF WORK
A. The extent of drilled pier work is shown on the Drawings. The work shall include all
labor, equipment and supplementary items necessary to properly complete the
work.
1.03 QUALITY ASSURANCE
A. Qualifications: The work shall be performed by a specialty Contractor specializing
in pier drilling and having experience in installing drilled piers under similar
subsurface conditions with adequate equipment to perform all work described on
the Drawings.
B. Inspection: The Engineer or his authorized representative will inspect each drilled
pier excavation. Neither reinforcing nor concrete shall be placed until the
excavation has been approved. Each drilled pier excavation shall be checked by the
Contractor for its depth, water removal, cleanup, workmanship and for all tolerance
requirements before any concrete is placed.
C. Safety: All work in connection with the drilled pier excavation shall be performed in
accordance with the standards set forth in "Occupational Safety Standard for
Excavation Work and Shoring".
1.04 JOB CONDITIONS
A. Subsurface Data: A subsurface investigation has not been made. Contractor has
the right to obtain additional information if necessary in his judgment.
B. Existing Underground Utilities: Locate all existing underground utilities and
construction in the field so as to determine any conflicts with the work. Should
conflicts be determined, do not proceed with the work until the Engineer specifies
method(s) to eliminate the conflict.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Concrete: Specified in Section 03300, Concrete Work.
B. Reinforcing Steel: Specified in Section 03300, Concrete Work. Steel shall be tied
into cages and inserted securely in the drilled pier shaft, in position and alignment,
as shown, prior to concrete placement.
C. Steel Casings: Casings, where required to protect against cave-ins, surrounding
earth displacement, and inflows of ground or surface water, shall have outside
diameter not less than the indicated shaft sizes and shall be capable of sustaining
the loads imposed by installing, sealing, maintaining the excavated hole and
extracting. The casings shall have a minimum wall thickness of/4 inch.
02380 - 1
PART 3 - EXECUTION
3.01 PIER DRILLING
A. Drilling Tolerances:
1. All piers shall be drilled in true alignment at locations and spacings as shown
on the Drawings. A maximum lateral variation not exceeding three (3)
inches will be acceptable.
2. Vertical piers shall be installed plumb within a maximum variation of 1 Y2
.,
inches for the first 10 feet of depth (measured from top of pier elevation) and
within 'h inch for each 10 feet of additional depth.
B. Excavation:
1. Piers shall be drilled through the overburden to the elevation indicated on
[J)
the Drawings. If the materials encountered at the contract elevation are
determined to be unsatisfactory for the required bearing pressure, the
Engineer shall issue instructions for increasing depths as necessary to
°
obtain the required bearing pressure and such additional excavation will be
paid for on the basis of contract conditions relative to changes in the work.
2. Excavations shall be protected from inflow of ground or surface water.
Waterthat flows into the excavations shall be continuously removed and the
maximum permissible depth of water in the bottom of the excavation will be
2 inches at the start of concrete placement.
3. Drilled piers shall be under reamed to the dimensions shown on the
Drawings.
4. Excavated material shall be disposed of in accordance with Section 02200,
Earthwork.
C. Cleaning and Protection:
1. After the excavation is complete, the holes shall be cleaned of loose dirt,
mud, rock and water.
2. Provide protection around the top of the excavation to prevent debris and
water from entering the excavation and concrete placed therein.
3. Concrete shall be placed in the excavation within 3 hours after approval of
the completed excavation. Concrete shall be continuously placed by
methods that insure against segregation and dislodging of the sidewalls of
the excavation and shall completely fill the excavation. Concrete shall be
placed by pumps, tremies or drop chutes down the center of the reinforcing
cage. The concrete shall be vibrated in the upper 5 feet of the pier.
D. Records:
1. The Contractor shall furnish the Engineer with a complete record showing
the diameter and bottom elevation for each pier.
END OF SECTION 02380
This Section prepared by Thoma Engineering, Inc.
4 1
02380 - 2
SECTION 03300 - CONCRETE WORK
PART 1 - GENERAL
f1.01 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to work of this Section.
1.02 DESCRIPTION OF WORK
A. The extent of concrete work is shown on the Drawings.
1.03 QUALITY ASSURANCE
A. Codes
and Standards: Comply with the provisions of the following codes,
specifications and standards, except where more stringent requirements are shown
or specified:
1.
ACI 301 "Specifications for Structural Concrete for Buildings".
2.
ACI 302 "Guide for Concrete Floor and Slab Construction".
3.
ACI 304 "Recommended Practice for Measuring, Mixing, Transporting
and Placing Concrete".
4.
ACI 305 "Hot Weather Concreting".
.A
5.
ACI 306 "Cold Weather Concreting".
6.
ACI 311 "Recommended Practice for Concrete Inspection".
7.
ACI 318 "Building Code Requirements for Reinforced Concrete".
8.
ACI 347 "Recommended Practice for Concrete Formwork".
9.
ACI 211.1 "Standard Practice for Selecting Proportions for Normal,
Heavyweight, and Mass Concrete".
10.
ACI 212 "Admixtures for Concrete".
11.
ACI 117 "Specifications for Tolerances for Concrete Construction and
Materials".
12.
MSP-1 Concrete Reinforcing Steel Institute, "Manual of Standard
Practice".
B. Workmanship: The Contractor is responsible for correction of concrete work which
does not conform to the specified requirements, including strength, tolerances and
finishes.
Correct deficient concrete as directed by the Engineer.
C. Design and Testing:
1.
The Contractor shall bear all expenses in connection with securing proper
laboratory designed mixes. Mixes proposed for use in this Project shall be
tested by means of actual cylinder breaks, with all information being
reported to the Engineer. A proven, established mix from an acceptable
ready -mix plant may be used. Provide a minimum of 5 recent (less than 24
months old), different compression test reports for the proposed mix.
2.
All expense for taking and testing concrete cylinders shall be borne by the
Owner.
3.
Job site cylinders shall be taken when the Engineer so directs. The
Contractor shall notify the testing laboratory when test cylinders are to be
taken. The laboratory shall come to the site and take the concrete cylinders
and be responsible for their care and handling including breaking of same
at laboratory.
a 4.
The laboratory shall be an independent testing laboratory designated by the
Engineer and the Owner, acceptable to the Contractor.
5.
Test results shall be furnished to the Engineer and the Contractor.
6.
Any concrete not meeting strength requirements shall be further tested. If
further tests indicate concrete will ultimately never meet strength
requirements, the under strength concrete will be replaced with new, as
r
directed by Engineer.
03300 - 1
t
1.04 SUBMITTALS
A. Manufacturer's Data: Submit manufacturer's product data with application and
installation instructions for proprietary materials and items, including reinforcement
and forming accessories, admixtures, patching compounds, waterstops, joint
systems, chemical floor hardeners, dry -shake finish materials and others, as
requested by the Engineer.
B. Shop Drawings: Submit Shop Drawings for fabrication, bending and placement of
concrete reinforcement. Comply with the ACI 315 "Manual of Standard Practice for
Detailing Reinforced Concrete Structures" showing bar schedules, stirrup spacing,
diagrams of bent bars, arrangement of concrete reinforcement. Include special
reinforcement required at openings through concrete structures. ^
PART 2 - PRODUCTS
2.01 FORM MATERIALS:
A.
Forms for Exposed Finish Concrete: Unless otherwise shown or specified,
construct all formwork for exposed concrete surfaces with plywood, metal, metal
framed plywood -faced or other acceptable panel -type materials, to provide
continuous, straight, smooth, exposed surfaces. Furnish in largest practicable sizes
to minimize number of joints and to conform to joint system shown on the Drawings.
Provide form material with sufficient thickness to withstand pressure of newly -placed
concrete without bow or deflection. Forms used for this class of concrete shall be
new or "good -as -new".
"B-B
B.
Use plywood complying with U.S. Product Standard PS-1 (Concrete Form)
Plywood" Class I, Exterior Grade or better, mill -oiled and edgesealed, with each
piece bearing legible trademark of an approved inspection agency, unless otherwise
acceptable to Engineer.
Fill
C.
Forms for Unexposed Finish Concrete: Form concrete surfaces which will be
unexposed in finished structure with plywood, lumber, metal or other acceptable
material. Provide lumber dressed on at least 2 edges and one side for tight fit.
D.
Earth Trench Forms: Earth trench type forming shall only be used where
continuous type or square spot footings are shown on the Drawings.
T
2.02 REINFORCING MATERIALS
Lill
A.
Reinforcing Bars: ASTM A615, Grade 60 (Grade 420), except No. 3 bent ties and
stirrups may be Grade 40 (Grade 300).
B.
Supports for Reinforcement:
tit
1. Provide supports for reinforcement including bolsters, chairs, spacers and
other devices for spacing, supporting and fastening reinforcing bars in place.
Use wire bar type supports complying with CRSI, unless otherwise specified.
Wood, brick and other devices will not be acceptable.
2. For slabs -on -grade, use supports with sand plates for horizontal runners
where wetted base materials will not support chair legs.
3. For exposed -to -view concrete surfaces where legs of supports are in contact
4 }
with forms, provide supports with legs which are hot/dip galvanized plastic
protected or stainless steel protected.
r
2.03 CONCRETE MATERIALS
A. Portland Cement: F
1. ASTM C150, Type I or II, unless otherwise acceptable to Engineer.
2. Use only one brand of cement throughout the project, unless otherwise
acceptable to Engineer.
03300 - 2
B. Fine Aggregate:
1. ASTM C33. Clean, sharp, natural sand free from loam, clay, lumps or other
deleterious substances.
2. Dune sand, bank -run sand and manufactured sand are not acceptable.
C. Coarse Aggregate: ASTM C33. Clean, uncoated, processed aggregate containing
no clay, mud, loam or foreign matter as follows:
1. Crushed stone, processed from natural rock or stone.
2. Washed gravel, either natural or crushed. Use of pit or bank -run gravel is
not permitted.
3. Provide aggregate from a single source for all exposed concrete.
4. Maximum Aggregate Size:
a. Not larger than one -fifth of the narrowest dimension between sides
of forms, one-third of the depth of slabs nor three -fourths of the
minimum clear spacing between individual reinforcing bars or
bundles or bars.
b. These limitations may be waived if, in the judgment of the Engineer,
workability and methods of consolidation are such that concrete can
be placed without honeycomb or voids.
D. Fly Ash: The Contractor may, at his option, use ASTM C618, Type C or Type F fly
ash, replacing a minium of 15% and a maximum of 20% of the cementitious
materials content.
E. Water: Clean, fresh, drinkable.
F. Air -Entraining Admixture: ASTM C260.
G. Water -Reducing Admixture: ASTM C494, Type A or D, containing not more than
0.1 % chloride ions.
H. Set -Control Admixtures: ASTM C494, as follows:
1. Type B, Retarding.
2. Type C, Accelerating.
3. Type D, Water -reducing and Retarding.
4. Type E, Water -reducing and Accelerating.
I. Calcium chloride will not be permitted in concrete, unless otherwise authorized in
writing by Engineer.
J. High -Range Water -Reducing Admixture (Super Plasticizer): ASTM C494, Type F
or G, containing not more than 0.1 % chloride ions.
2.04 RELATED MATERIALS
A. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately
9 oz. per sq. yd., complying with AASHTO M 182, Class 2.
B. Moisture -Retaining Cover: One of the following, complying with ASTM C171.
1. Waterproof paper.
2. Polyethylene film.
3. Polyethylene -coated burlap.
2.05 PROPORTIONING AND DESIGN OF MIXES
A. Prepare design mixes for each type and strength of concrete in accordance with
i applicable provisions of ASTM C94. Use an independent testing facility acceptable
to the Engineer for preparing and reporting proposed mix designs. The testing
facility shall not be the same as used for field quality control testing, unless
otherwise acceptable to the Engineer.
B. Prepare design mixes by either laboratory trial batch or field experience methods,
I ` using materials to be employed on the project for each class of concrete required,
complying with ACI 211.1, ACI 301, and ACI 318.
1. Laboratory Trial Batches: When laboratory trial batches are used to select
concrete proportions, prepare test specimens in accordance with ASTM
C192 and conduct strength tests in accordance with ASTM C39, specified
03300 - 3
in ACI 301. Establish a curve showing relationship between water -cement
ratio (or cement content) and compressive strength, with at least 3 points
representing batches which produce strengths above and below that
required. Use not less than 3 specimens tested at 28 days, or an earlier
age when acceptable to the Engineer, to establish each point on the curve.
2. Field Experience Method: When field experience methods are used to
select concrete proportions, establish proportions as specified in ACI 301.
Strength data for establishing standard deviation will be considered suitable
if the concrete production facility has certified records consisting of at least
30 consecutive tests in one group or the statistical average for 2 groups
totaling 30 or more tests, representing similar materials and project
conditions.
3. If standard deviation exceeds 600 psi or if no suitable records are available,
select proportions to produce an average strength of at least 1200 psi
greater than the required compressive strength of concrete.
4. After sufficient experience and test data become available from the job,
using ACI 214 methods of evaluation, the standard deviation may be
reduced when the probable frequency of an average of 3 consecutive tests
below required compressive strength will not exceed 1 in 100.
C. Submit written reports to the Engineer of each proposed mix for each class of
concrete at least 15 days prior to start of work. Do not begin concrete production
until mixes have been reviewed by the Engineer.
D. Design mixes to provide normal weight concrete with the following properties, as
indicated on the Drawings and schedules:
1. 3000 psi 28-day compressive strength; W/CM ratio, 0.59 maximum
(air -entrained).
E. Adjustment to Concrete Mixes: Mix design adjustments may be requested by the
Contractor when characteristics of materials, job conditions, weather, tests results,
or other circumstances warrant; at no additional cost to the Owner and as accepted
by the Engineer. Laboratory test data for revised mix design and strength results
must be submitted to and accepted by the Engineer before using in the work.
2.06 ADMIXTURES
A. Use water -reducing admixture or high range water -reducing admixture (super
plasticizer) in concrete as required for placement and workability.
B. Use air -entrained admixture in exterior exposed concrete, unless otherwise
indicated. Add air -entraining admixture at the manufacturer's prescribed rate to
result in concrete at the point of placement having air content within the following
limits:
1. 5.5% with 1'/2" maximum aggregate
2. 6.0% with 1" maximum aggregate
3. 6.0% with %/a' maximum aggregate
4. 7.0% with Y2" maximum aggregate
C. Use admixtures for water -reducing and set -control in strict compliance with the
manufacturer's directions.
D. Use amounts of admixtures as recommended by the manufacturer for climatic
conditions prevailing at the time of placing. Adjust quantities and types of
admixtures as required to maintain quality control.
2.07 SLUMP LIMITS
A. Proportion and design mixes to result in concrete slump at the point of placement
as follows:
1. Reinforced Foundation Systems: Not less than 1" and not more than 3".
2. Concrete containing HRWR admixture (super plasticizer): Not more than
8" after addition of HRWR to verified 2"-3" slump concrete.
03300 - 4
,.. 3. All Other Concrete: Not more than 4".
2.08 CONCRETE MIXING
A. Ready -Mix Concrete: Comply with the requirements of ANSI/ASTM C94 and as
herein specified.
B. Control of Mixing Water: When concrete arrives at the project with slump below
that suitable for placing, water may be added only if neither the maximum
permissible water -cement ratio nor the maximum permissible slump is exceeded.
The drum shall be turned an additional 30 revolutions, or more if necessary, until the
added water is uniformly mixed into the concrete.
C. During hot weather, or under conditions contributing to rapid setting of concrete, a
shorter mixing time than specified in ANSI/ASTM C94 may be required.
D. When the air temperature is between 85 degrees F. and 90 degrees F., reduce the
mixing and delivery time from 1'/2 hours to 75 minutes, and when the air
temperature is above 90 degrees F., reduce the mixing and delivery time to 60
t minutes.
PART 3 - EXECUTION
3.01 FORMS
A. Design, erect, support, brace and maintain formwork to support vertical and lateral
loads that might be applied until such loads can be supported by the concrete
structure. Construct formwork so concrete members and structures are of correct
size, shape, alignment, elevation and position.
B. Design formwork to be readily removable without impact, shock or damage to
cast -in -place concrete surfaces and adjacent materials.
C. Forms shall not leak cement paste.
D. Fabricate forms for easy removal without hammering or prying against the concrete
surfaces. Provide crush plates or wrecking plates where stripping may damage
cast concrete surfaces. Provide top forms for inclined surfaces where slope is too
steep to place concrete with bottom forms only. Kerf wood inserts for forming
keyways, reglets, recesses, and the like, to prevent swelling and for easy removal.
E. Provide temporary openings where interior area of formwork is inaccessible for
clean out, for inspection before concrete placement, and for placement of concrete.
Securely brace temporary openings and set tightly to form to prevent loss of
concrete mortar. Locate temporary openings on forms at inconspicuous locations.
F. Chamfer exposed corners and edges as shown, using wood, metal, PVC or rubber
chamfer strips fabricated to produce uniform smooth lines and tight edge joints.
G. Form Ties: Factory -fabricated, adjustable -length, removable or snap -off metal form
ties, designated to prevent form deflection, and to prevent spalling concrete
surfaces upon removal.
H. Unless otherwise shown, provide form ties so portion remaining within concrete
after removal is at least 1'/2' inside concrete. Unless otherwise shown, provide form
ties which will not leave holes larger than 1" diameter in concrete surface.
I. Provisions for Other Trades: Provide openings in concrete formwork to
accommodate work for other trades. Determine size and location of openings,
recesses and chases from trades providing such items. Accurately place and
securely support items built into forms.
J. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive
concrete. Remove chips, wood, sawdust, dirt or other debris just before concrete
is placed. Re -tighten forms after concrete placement if required to eliminate mortar
leaks.
03300 - 5
3.02 PLACING REINFORCING
A. Comply with the specified codes and standards, and Concrete Reinforcing Steel
Institute's recommended practice for "Placing Reinforcing Bars", for details and
methods of reinforcement placement and supports, and as herein specified.
B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials
which reduce or destroy bond with concrete.
C. Accurately position, support and secure reinforcement against displacement by
formwork, construction, or concrete placement operations. Locate and support
reinforcing by metal chairs, runners, bolsters, spacers and hangers, as required.
D. Place reinforcement to obtain at least the minimum coverages for concrete
protection. Arrange, space and securely tie bars and bar supports to hold
reinforcement in position during concrete placement operations. Set wire ties so
ends are directed into concrete, not toward exposed concrete surfaces.
E. Do not place reinforcing bars more than 2" beyond the last leg of continuous bar
supports. Do not use supports as bases for runways for concrete conveying
equipment and similar construction loads.
3.03 INSTALLATION OF EMBEDDED ITEMS
A. General: Set and build into the work anchorage devices and other embedded items
required for other work that is attached to, or supported by, cast -in -place concrete.
Use setting drawings, diagrams, instructions and directions provided by suppliers
of the items to be attached thereto.
3.04 PREPARATION OF FORM SURFACES
A. Coat the contact surfaces of forms with a form -coating compound before
reinforcement is placed. Provide commercial formulation form -coating compounds
that will not bond with, stain nor adversely affect concrete surfaces, and will not
impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor
impede wetting of surfaces to be cured with water or curing compounds.
B. Thin form -coating compounds only with thinning agent of type, and in amount, and
under conditions of the form -coating compound manufacturer's directions. Do not
allow excess form -coating material to accumulate in the forms or to come into
contact with concrete surfaces against which fresh concrete will be placed. Apply
in compliance with manufacturer's instructions.
3.05 CONCRETE PLACEMENT
A. General:
1. Comply with ACI 304, and as herein specified.
2. Deposit concrete continuously or in layers of such thickness that no
concrete will be placed on concrete which has hardened sufficiently to cause
the formation of seams or planes of weakness within the section. If a
section cannot be placed continuously, provide construction joints as herein
specified.
3. Deposit concrete as nearly as practicable to its final location to avoid
segregation due to re -handling or flowing.
B. Pre -Placement Inspection: Before placing concrete, inspect and complete the
formwork installation, reinforcing steel, and items to be embedded or cast -in. Notify
other crafts to permit the installation of their work; cooperate with other trades in
setting such work, as required. Thoroughly wet wood forms immediately before
placing concrete, as required where form coatings are not used.
C. Placing Concrete in Forms: Deposit concrete in forms in horizontal layers not
deeper than 18" and in a manner to avoid inclined construction joints.
1. Consolidate placed concrete by mechanical vibrating equipment
supplemented by hand -spading, rodding or tamping. Use vibrators
designed to operate with vibratory element submerged in concrete,
03300 - 6
maintaining a speed of not less than 6000 impulses per minute.
2.
Do not use vibrators to transport concrete inside of forms. Insert and
withdraw vibrators vertically at uniformly spaced locations not farther than
the visible effectiveness of the machine. Do not insert vibrators into lower
layers of concrete that have begun to set. At each insertion, limit the
duration of vibration to the time necessary to consolidate the concrete and
complete embedment of reinforcement and other embedded items without
causing segregation of the mix.
D. Cold
Weather Placing:
1.
Protect concrete work from physical damage or reduced strength which
could be caused by frost, freezing actions, or low temperatures, in
compliance with ACI 306 and as herein specified.
2.
When air temperature has fallen to or is expected to fall below 40 degrees
F., uniformly heat all water and aggregate before mixing as required to
obtain a concrete mixture temperature of not less than 50 degrees F., and
not more than 80 degrees F., at point of placement.
3.
Do not use frozen materials or materials containing ice or snow. Do not
place concrete on frozen subgrade or on subgrade containing frozen
materials.
4.
Do not use calcium chloride, salt and other materials containing antifreeze
agents or chemical accelerators, unless otherwise accepted in mix designs.
E. Hot Weather Placing:
1.
When hot weather conditions exist that could seriously impairthe quality and
strength of concrete, place concrete in compliance with ACI 305 and as
herein specified.
2.
Cool ingredients before mixing to maintain concrete temperature at time of
placement below 90 degrees F. Mixing water may be chilled, or chopped ice
may be used to control the concrete temperature provided the water
equivalent of the ice is calculated to the total amount of mixing.
3.
Cover reinforcing steel with water -soaked burlap if it becomes too hot, so
that the steel temperature will not exceed the ambient air temperature
immediately before embedment in concrete. Wet form thoroughly before
placing concrete.
4.
Do not use retarding admixtures unless otherwise accepted in mix designs.
3.06 FINISH OF FORMED SURFACES
A. Standard Rough Form Finish: For formed concrete surfaces not exposed -to -view
in the finish work or by other construction, unless otherwise shown or specified.
This is the concrete surface having the texture imparted by the form facing material
used, with defective areas repaired and patched as specified, and fins and other
projections exceeding %" in height rubbed down with wood blocks.
B. Standard Smooth Finish: For formed concrete surfaces exposed -to -view, or that
are to be covered with a coating material applied directly to the concrete or a
covering material bonded to the concrete, such as waterproofing, dampproofing,
painting or other similar system. This is the as -cast concrete surface as obtained
with the form facing material, with defective areas repaired and patched as
specified, and fins and other projections on the surface completely removed and
smoothed.
C. Related Unformed Surfaces: At tops of walls, horizontal offsets and similar
unformed surfaces occurring adjacent to formed surfaces, strike -off smooth and
finish with a texture matching adjacent formed surfaces. Continue final surface
treatment of formed surfaces uniformly across adjacent unformed surfaces, unless
otherwise shown.
03300 - 7
3.07 CONCRETE CURING AND PROTECTION
A. General:
1. Protect freshly placed concrete from premature drying and excessive cold
or hot temperature, and maintain without drying at a relatively constant
temperature for a period of time necessary for hydration of cement and
proper hardening.
2. Start initial curing application as soon as free water has disappeared from
concrete surface after placing and finishing. Weather permitting, keep
continuously moist for not less than 72 hours.
3. Begin final curing procedures immediately following initial curing and before
concrete has dried. Continue final curing for at least 168 cumulative hours
(not necessarily consecutive) during which concrete has been exposed to
air temperatures above 50 degrees F. Avoid rapid drying at end of final
curing period.
B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces
if hot, dry, or windy conditions cause excessive moisture loss.
C. Curing Methods: Perform curing of concrete by moist curing or by moisture
retaining cover curing or by membrane -forming curing compound and by
combinations thereof, as herein specified.
1. Provide moisture curing by following methods:
a. Keep concrete surface continuously wet by covering with water.
Continuous water -fog spray.
b. Covering concrete surface with specified absorptive cover,
thoroughly saturating cover with water and keeping continuously wet.
Place absorptive cover to provide coverage of concrete surfaces and
edges, with 4" lap over adjacent absorptive covers.
2. Provide moisture -cover curing as follows:
a. Cover concrete surfaces with moisture -retaining cover for curing
concrete, placed in widest practicable width with sides and ends
lapped at least 3" and sealed by waterproof tape or adhesive.
Immediately repair any holes or tears during curing period using
cover material and waterproof tape.
3. Provide curing compound for slabs as follows:
a. Apply specified curing and sealing compound to concrete slabs as
soon as final finishing operations are complete (within 2 hours).
b. Apply uniformly in continuous operation by power -spray or roller in
accordance with manufacturer's directions. Recoat areas subjected
to heavy rainfall within 3 hours after initial application. Maintain
continuity of coating and repairing damage during curing period.
C. Do not apply membrane curing compounds on surfaces which are
to be covered with coating material applied directly to concrete,
liquid floor hardener, waterproofing, dampproofing, membrane
roofing, flooring, painting, and other coatings and finish materials,
unless otherwise acceptable to Engineer.
3.08 REMOVAL OF FORMS
A. Form facing material may be removed 4 days after placement only if shores and
other vertical supports have been arranged to permit removal of form facing
material without loosening or disturbing shores and supports.
3.09 RE -USE OF FORMS
A. Clean and repair surfaces of forms to be re -used in the work. Split, frayed,
delaminated or otherwise damaged form facing material will not be acceptable.
Apply new form coating compound material to concrete contact form surfaces as
specified for new formwork.
03300 - 8
B. When forms are intended for successive concrete placement, thoroughly clean
surfaces, remove fins and laitance and tighten forms to close joints. Align and
secure joints to avoid offsets. Do not use "patched" forms for exposed concrete
surfaces, except as acceptable to Engineer.
3.10 CONCRETE SURFACE REPAIRS
!,. A. Patching Defective Areas:
1.
Repair and patch defective areas with cement mortar immediately after
removal of forms, but only when acceptable to Engineer.
2.
Cut out honeycomb, rock pockets, voids over'/4" in any dimension and holes
left by tie rods and bolts, down to solid concrete, but in no case to a depth
of less than 1 ". Make edges of cuts perpendicular to the concrete surface.
Before placing cement mortar or proprietary patching compound, thoroughly
_
clean, dampen with water and brush -coat the area to be patched with neat
cement grout or proprietary bonding agent.
3.
For exposed -to -view surfaces, blend white portland cement and standard
portland cement so that, when dry, patching mortar will match color
surrounding. Provide test areas at inconspicuous location to verify mixture
and color match before proceeding with patching. Compact mortar in place
and strike -off slightly higher than surrounding surface.
B. Repair of Formed Surfaces:
1.
Remove and replace concrete having defective surfaces if defects cannot
be repaired to satisfaction of Engineer. Surface defects, as such, include
color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock
pockets, fins and other projections on surface and stains and other
discolorations that cannot be removed by cleaning. Flush out form tie holes,
fill with dry pack mortar or precast cement cone plugs secured in place with
bonding agent.
2.
Repair concealed formed surfaces, where possible, that contain defects that
adversely affect the durability of the concrete. If defects cannot be repaired,
remove and replace the concrete.
' C. Repair of Unformed Surfaces:
1.
Test unformed surfaces, such as monolithic slabs, for smoothness and to
verify surface plane to tolerances specified for each surface and finish.
Correct low and high areas as herein specified. Test unformed surfaces
sloped to drain for trueness of slope, in addition to smoothness, using a
template having required slope.
i 2.
Repair finished unformed surfaces that contain defects which adversely
affect durability of concrete. Surface defects, as such, include crazing,
cracks in excess of 0.01" wide or which penetrate to reinforcement or
completely through non -reinforced sections regardless of width, spalling,
pop -outs, honeycomb, rock pockets and other objectionable conditions.
3.
Correct high areas in unformed surfaces by grinding, after concrete has
cured at least 14 days.
4.
Correct low areas in unformed surfaces during, or immediately after
completion of surface finishing operations, by cutting out low areas and
replacing with fresh concrete. Finish repaired areas to blend into adjacent
i
concrete. Proprietary patching compounds may be used when acceptable
to Engineers.
5.
Repair defective areas, except random cracks and single holes not
exceeding 1" diameter, by cutting out and replacing with fresh concrete.
Remove defective areas to sound concrete with clean, square cuts and
expose reinforcing steel with at least %" clearance all around. Dampen
concrete surfaces in contact with patching concrete and brush with a neat
cement grout coating or concrete bonding agent. Mix patching concrete of
03300 - 9
same materials to provide concrete of the same type or class as original
concrete. Place, compact and finish to blend with adjacent finished
concrete. Cure in the same manner as adjacent concrete.
6. Repair isolated random cracks and single holes not over 1" in diameter by
dry -pack method. Groove top of cracks and cut-out holes to sound concrete
and clean of dust, dirt and loose particles. Dampen cleaned concrete
surfaces and brush with neat cement grout coating or concrete bonding
agent. Mix dry -pack, consisting of one part portland cement to 2Y2 parts fine
aggregate passing a No. 16 mesh sieve, using only enough water as
required for handling and placing. Compact dry -pack mixture in place and
finish to match adjacent concrete. Keep patched area continuously moist
for not less than 72 hours.
D. Use epoxy -based mortar for structural repairs, where directed by Engineer.
E. Repair methods not specified above may be used, subject to acceptance of
Engineer.
3.11 QUALITY CONTROL TESTING DURING CONSTRUCTION
A. The Owner will employ a testing laboratory to perform all other tests and to submit
test reports.
B. Sampling and testing for quality control during the placement of concrete may
include the following, as directed by the Engineer.
1. Sampling Fresh Concrete: ASTM C172, except modified for slump to
comply with ASTM C94.
2. Slump: One test for each set of compressive strength test specimens
taken at point of discharge.
3. Air Content: ASTM C231 pressure for normal weight concrete; one for each
set of compressive strength test specimens.
4. Concrete Temperature: Test hourly when air temperature is 40 degrees F.
and below, and when 80 degrees F. and above and each time a set of
compression test specimens made.
5. Compression Test Specimen: ASTM C31; one set of 4 or 5 standard
cylinders for each compressive strength test, unless otherwise directed.
Mold and store cylinders for laboratory cured test specimens except when
field -cure test specimens are required.
6. Compressive Strength Tests: ASTM C39; one set for each 100 cubic yards
or fraction thereof, of each concrete class placed in any one day or for each
5000 square feet of surface area placed, 1 specimen tested at 7 days for
information only, (2) - 6" x 12" [or (3) - 4" x 8"] specimens tested at 28 days,
and 1 specimen retained in reserve for later testing, if required. The
acceptance test results shall be the average of the strengths of the
specimens tested at 28 days.
a. When the frequency of testing will provide less than 5 strength tests
for a given class of concrete, conduct testing from at least 5
randomly selected batches or from each batch if fewer than 5 are
used.
b. When the total quantity of a given class of concrete is less than 50
cubic yards, the strength test may be waived by the Engineer if, in
his judgment, adequate evidence of satisfactory strength is provided.
C. When the strength of field -cured cylinders is less than 85% of
companion laboratory -cured cylinders, evaluate current operations
and provide corrective procedures for protecting and curing the
in -place concrete.
C. Test results will be reported in writing to the Engineer and the Contractor on the
same day that tests are made. Reports of compressive strength tests shall contain
the project identification name and number, date of concrete placement, name of
03300 - 10
concrete testing service, concrete type and class, location of concrete batch in the
structure, design compressive strength at 28 days, concrete mix proportions and
materials, compressive breaking strength and type of break for both 7-day tests and
28-day tests.
D. Additional Tests: The testing service will make additional tests of in -place concrete
when test results indicate the specified concrete strengths and other characteristics
i have not been attained in the structure, as directed by the Engineer. The testing
service may conduct tests to determine adequacy of concrete by cored cylinders
complying with ASTM C42 or by other methods as directed. Contractor shall pay
for such tests conducted and any other additional testing as may be required, when
-- unacceptable concrete is verified.
END OF SECTION 03300
This Section prepared by Thoma Engineering, Inc.
03300 - 11
SECTION 05120 - STRUCTURAL STEEL
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to work of this Section.
1.02 DESCRIPTION OF WORK
A. The extent of structural steel work is shown on the Drawings, including schedules,
notes and details to show size and location of members, typical connections and
type of steel required.
B. Structural steel is that work defined in the AISC "Code of Standard Practice" and
as otherwise shown on the Drawings.
1.03 RELATED WORK SPECIFIED ELSEWHERE
A. Reinforcing Steel - Section 03300
B. Miscellaneous Metal Fabrications - Section 05500
1.04 QUALITY ASSURANCE
A. Codes and Standards: Comply with the provisions of the following except as
otherwise indicated:
1. 2005 ANSI/AISC 360-05 "Specification for Structural Steel Buildings, and
including the "Commentary" and supplements thereto as issued.
2. AISC 303-05 "Code of Standard Practice for Steel Buildings and Bridges."
3. AISC "Specifications for Structural Joints using ASTM A325 or A490 Bolts,"
2004, approved by the Research Council on Structural Connections.
4. AWS D1.1 - " Structural Welding Code - Steel."
5. ASTM A6 - "General Requirements for Delivery of Rolled Steel Plates,
Shapes, Sheet Piling and Bars for Structural Use."
B. Qualifications for Welding Work:
1. Qualify welding processes and welding operators in accordance with the
AWS "Standard Qualification Procedure".
2. Provide certification that welders to be employed in the work have
satisfactorily passed AWS qualification tests within the previous 12 months.
3. If re -certification of welders is required, retesting will be the Contractor's
responsibility.
C. Source Quality Control:
1. Materials and fabrication procedures are subject to inspection and tests in
the mill, shop, and field, conducted by a qualified inspection agency. Such
inspections and tests will not relieve the Contractor of responsibility for
providing materials and fabrication procedures in compliance with specified
requirements.
2. Promptly remove and replace materials or fabricated components which do
not comply.
D. Design of Members and Connections:
1. All details shown are typical; similar details apply to similar conditions,
unless otherwise indicated. Verify dimensions at the site whenever possible
without causing delay in the work.
2. Promptly notify the Engineer whenever design of members and connections
for any portion of the structure are not clearly indicated.
05120 - 1
1.05 SUBMITTALS
A. Shop Drawings, Structural Steel:
1. Submit Shop Drawings prepared under the supervision of a Registered
Professional Engineer including complete details and schedules for
fabrication and shop assembly of members, and details, schedules,
procedures and diagrams showing the sequence of erection.
v2. Engineer's review of Shop Drawings will be for general considerations only.
Compliance with requirements for materials fabrication and erection of
structural steel is the Contractor's responsibility.
3. Include details of cuts, connections, camber, holes and other pertinent data.
Indicate welds by standard AWS symbols and show size, length and type
of each weld.
4. Provide setting drawings, templates and directions for the installation of
anchor bolts and other anchorages to be installed by others.
5. The fact that no exceptions have been taken or that comments and/or
markings may have been made on or attached to Shop Drawings or
submittals shall not constitute, either expressly or impliedly, a change to the
Contract Documents.
1.06 DELIVERY, STORAGE AND HANDLING
A. Deliver materials to the site at such intervals to insure uninterrupted progress of the
work.
B. Deliver anchor bolts and anchorage devices, which are to be embedded in
cast -in -place concrete, in ample time to not delay that work.
C. Store materials to permit easy access for inspection and identification. Keep steel
members off the ground, using pallets, platforms, or other supports. Protect steel
members and packaged materials from erosion and deterioration.
D. Do not store materials on the structure in a manner that might cause distortion or
damage to the members or the supporting structures. Repair or replace damaged
materials or structures as directed.
PART 2 - PRODUCTS
2.01 MATERIALS
A.
Structural Steel Wide Flange Shapes: ASTM A992, Fy = 50 ksi.
B.
Miscellaneous Structural Steel Shapes and Plates: ASTM A36.
C.
Structural Steel Tubing: ASTM A500, Grade B, Fy = 46 ksi.
D.
Anchor Rods: ASTM F1554, Grade 36, nonheaded type unless otherwise indicated.
E.
Headed Stud Type Shear Connectors: ASTM A108, Grade 1015 or 1020, cold
finished carbon steel; with dimensions complying with AISC Specifications.
F.
Unfinished Threaded Fasteners: ASTM A307, Grade A, regular low -carbon steel
bolts and nuts.
1. Provide either hexagonal, or square, heads and nuts, except use only
hexagonal units for exposed connections.
G.
High -Strength Threaded Fasteners: Heavy hexagon structural bolts, heavy
hexagon nuts, and hardened washers, as follows:
1. Quenched and tempered medium -carbon steel bolts, nuts and washers,
complying with ASTM A325.
_._ H.
Adhesive Anchors: Hilti HVA adhesive anchor system with a heavy duty, two
component adhesive anchor consisting of a self-contained adhesive capsule, a
chiseled zinc plated all -threaded steel rod meeting the requirements of ACI 355.4,
a nut, and a washer. Rods 3/8 inch through 1 1/4 inch shall have a minimum yield
stress of 58 ksi and tensile strength of 72.5 ksi.
I.
Electrodes for Welding: Comply with AWS Code.
05120 - 2
J. Structural Steel Primer Paint: Manufacturer's or Fabricator's standard, fast -curing,
lead-free, "Universal" primer; selected for good resistance to normal atmospheric
corrosion, for compatibility with finish paint systems indicated and for capability to
provide a sound foundation for field -applied topcoats despite prolonged exposure;
equal to Tnemec 10-99 (Red), AFP2018 Fleet Line Red Oxide Metal Primer by
Adams Paint Company, Carbocoat 115 SG by Carboline.
K. Non -Metallic Non -Shrink Grout: Pre -mixed, non-metallic, non -corrosive,
non -staining product containing selected silica sands, portland cement, shrinkage
compensating agents, plasticizing and water reducing agents, complying with CE
CRD-C 621.
2.02 FABRICATION
A. Shop Fabrication and Assembly:
1. Fabricate and assemble structural assemblies in the shop to the greatest
extent possible. Fabricate items of structural steel in accordance with AISC
Specifications and as indicated on the final Shop Drawings. Provide camber
in structural members as shown.
2. Properly mark and match -mark materials for field assembly. Fabricate for
delivery sequence which will expedite erection and minimize field handling
of materials.
3. Where finishing is required, complete the assembly, including welding of
units, before start of finishing operations. Provide finish surfaces on
members exposed in the final structure free of markings, burrs, and other
defects.
B. Connections:
1. Weld or bolt shop connections, as indicated.
2. Bolt field connections, except where welded connections or other
connections are indicated.
3. Provide high -strength threaded fasteners for all principal bolted connections,
except where unfinished bolts are shown.
C. Provide unfinished threaded fasteners for only the bolted connections of secondary
framing members to primary members (including purlins, girls and other framing
members taking only nominal stress) and for temporary bracing to facilitate erection.
D. High -Strength Bolted Construction: Install high -strength threaded fasteners in
accordance with AISC "Specifications for Structural Joints using ASTM A325 or
A490 Bolts". Install flat hardened washers over slotted holes occurring in the outer
ply of connections.
E. Welded Construction:
1. Comply with AWS Code for procedures, appearance and quality of welds,
and methods used in correcting welding work.
2. Assemble and weld built-up sections by methods which will produce true
alignment of axes without warp.
F. Stud Connectors: Prepare steel surfaces as recommended by the manufacturer of
the stud connectors. Shop weld stud connectors, as shown, to bearing or
embedded plates. Use automatic end welding of headed stud connectors in
accordance with the manufacturer's printed instructions.
G. Holes for Other Work:
1. Provide holes required for securing other work to structural steel framing,
and for the passage of other work through steel framing members, as
shown on the final Shop Drawings. Provide threaded nuts welded to
framing, and other specialty items as shown to receive other work.
2. Cut, drill, or punch holes perpendicular to metal surfaces. Do not flame cut
holes or enlarge holes by burning. Drill holes in bearing plates.
05120 - 3
H. Splicing: Splicing of beams shall be as shown on the Drawings. All others splicing
p g� p 9 9 p g
shall be made only with the written consent of the Engineer. When approved,
copies of weld tests shall be furnished to the Engineer.
2.03 SHOP PAINTING
A. General:
1. Shop paint all structural steel work, except those members or portions of
members to be embedded in concrete. Paint embedded steel which is
partially exposed on the exposed portions and the initial 2" of embedded
areas only.
2. Do not paint surfaces which are to be welded or high -strength bolted with
friction -type connections.
3. Do not paint surfaces, which are scheduled to receive sprayed -on
fireproofing.
4. Apply 2 coats of paint to surfaces which are inaccessible after assembly or
erection. Change color of second coat to distinguish it from the first.
B. Surface Preparation: After inspection and before shipping, clean steel work to be
painted. Remove loose rust, loose mill scale, and splatter, slag or flux deposits.
Solvent clean steel to remove all soluble contaminates followed by power tool
cleaning to remove all insoluble contaminates in accordance with Steel Structures
Painting Council (SSPC) as follows:
1. SSPC-SP 1 "Solvent Cleaning", or
2. SSPC-SP 2 "Hand Tool Cleaning", or
3. SSPC-SP 3 "Power Tool Cleaning", or
4. SSPC-SP 7 "Brush -Off Blast Cleaning".
C. Painting: Immediately after surface preparation, apply structural steel primer paint
in accordance with the manufacturer's instructions and at a rate to provide a uniform
dry film thickness of 2.0 mils. Use painting methods which will result in full coverage
of joints, corners, edges and all exposed surfaces.
PART 3 - EXECUTION
3.01 INSPECTION
A. Erector must examine the areas and conditions under which structural steel work
is to be installed, and notify the Contractor in writing of conditions detrimental to the
proper and timely completion of the work. Do not proceed with the work until
unsatisfactory conditions have been corrected in a manner acceptable to the
Erector.
3.02 ERECTION
A. General: Comply with the AISC Specifications and Code of Standard Practice, and
as herein specified.
B. Temporary Shoring and Bracing: Provide temporary shoring and bracing members
with connections of sufficient strength to bear imposed loads. Remove temporary
members and connections when permanent members are in place and final
I connections are made. Provide temporary guy lines to achieve proper alignment
of the structures as erection proceeds.
C. Temporary Planking: Provide temporary planking and working platforms as
necessary to effectively complete the work.
D. Anchor Bolts: Furnish anchor bolts and other connectors required for securing
structural steel to foundations and other in -place work.
1. Furnish templates and other devices as necessary for presetting bolts and
other anchors to accurate locations.
2. Refer to Division 3 of these specifications for anchor bolt installation
requirements in concrete.
05120 - 4
E. Setting Bases and Bearing Plates:
1. Clean concrete bearing surfaces of bond -reducing materials and roughen
to improve bond to surfaces. Clean the bottom surface of base and bearing
plates.
2. Set loose and attached base plates and bearing plates for structural
members on wedges or other adjusting devices.
3. Tighten the anchor bolts after the supported members have been positioned
and plumbed. Do not remove wedges or shims, but if protruding, cut off
flush with the edge of the base or bearing plate prior to packing with grout.
4. Pack grout solidly between bearing surfaces and bases or plates to ensure
that no voids remain. Finish exposed surfaces, protect installed materials,
and allow to cure in strict compliance with the manufacturer's instructions,
or as otherwise required.
F. Field Assembly:
1. Set structural frames accurately to the lines and elevations indicated. Align
and adjust the various members forming a part of a complete frame or
structure before permanently fastening. Clean bearing surfaces and other
surfaces which will be in permanent contact before assembly. Perform
necessary adjustments to compensate for discrepancies in elevations and
alignment.
2. Level and plumb individual members of the structure within specified AISC
tolerances.
3. Establish required leveling and plumbing measurements on the mean
operating temperature of the structure. Make allowances for the difference
between temperature at time of erection and the mean temperature at which
the structure will be when completed and in service.
4. Splice members only where shown or specified.
G. Bolting:
1. Connection Type: Unless noted otherwise on the Drawings, all bolted
connections shall be snug -tightened using high -strength bolts in standard
holes (hole diameter nominally 1/16 inch greater than the nominal bolt
diameter) with threads included in the shear planes. Notwithstanding, the
Contractor shall be responsible to adhere to provisions of AISC Specification
Section J1.11, which lists circumstances under which certain connections
require fully -tightened high strength bolts.
2. Oversize, Short Slotted and Long Slotted Holes: The dimensions and
washer requirements of oversize, short slotted and long slotted holes shall
conform to the AISC "Specification for Structural Joints Using ASTM A325
or A490 Bolts."
3. Design Strength of Fasteners: The design strength of bolts used in snug -
tightened and/or pretensioned joints shall be as specified in the AISC
Specification Table J3.2. The design capacity of bolts used in slip -critical
joints shall be as specified in AISC Specification Appendix J3.8 and J3.9.
4. Fastener Tension:
a. High strength bolts in snug -tightened joints shall be tightened to a
snug tight condition only. Do not pretension bolts in snug -tightened
joints the same as if they were in slip -critical joints. The snug -
tightened condition is defined as the tightness that exists when all
plies in a joint are in firm contact. This may usually be attained by
a few impacts of an impact wrench or the full effort of a man using
an ordinary spud wrench.
5. Washers: Washers under the bolt head and/or nut shall be used as
required by the AISC "Specification for Structural Joints Using ASTM A325
or A490 Bolts".
05120 - 5
6. High strength bolts used in snug -tightened joints shall not be used in
combination with welds to share load transmission in the same faying face
of any connection, as specified in the AISC Specification.
H.
Erection Bolts: On exposed welded construction, remove erection bolts, fill holes
with plug welds and grind smooth at exposed surfaces.
I.
Comply with AISC Specifications: Forbearing, adequacy of temporary connections,
alignment, and the removal of paint on surfaces adjacent to field welds.
J.
Do not enlarge unfair holes in members by burning or by the use of drift pins, except
in secondary bracing members. Ream holes that must be enlarged to admit bolts.
K.
Gas -Cutting: Do not use gas cutting torches in the field for correcting fabrication
errors in the structural framing. Cutting will be permitted only on secondary
members which are not under stress, as acceptable to the Architect. Finish gas -cut
sections equal to a sheared appearance when permitted.
L.
Touch -Up Painting: Immediately after erection, clean field welds, bolted
connections, and abraded areas of the shop paint. Apply paint to exposed areas
with the same material as used for shop painting. Apply by brush or spray to
provide a minimum dry film thickness of 2.0 mils.
M.
Shear Connectors: All areas to which studs are to be attached must be free of all
foreign material, such as rust, oil, grease, paint, etc. When the mill scale is
sufficiently thick to cause difficulty in obtaining proper welds, it must be removed by
grinding or blasting.
N.
Stud connectors shall be installed on all bearing or embedded plates. Number of
shear connectors required is shown on the plans. Use automatic end welding of
headed stud connectors in accordance with the manufacturer's printed instructions.
END OF SECTION 05120
This Section prepared by Thoma Engineering, Inc.
05120 - 6
SECTION 05500 - METAL FABRICATIONS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementary
Conditions and other Division 1 specification sections, apply to work of this section.
1.02 DESCRIPTION OF WORK
A. The extent of miscellaneous metal work is shown on the Drawings and includes
items fabricated from metal shapes, plates, angles, and tubes, which are not a part
of structural steel or other metal systems in other sections of these specifications.
1.03 RELATED WORK SPECIFIED ELSEWHERE
A. Concrete Work - Section 03300
B. Structural Steel - Section 05120
1.04 QUALITY ASSURANCE
A. Field Measurements: Take field measurements prior to preparation of shop
drawings and fabrication, where possible. Do not delay job progress; allow for
trimming and fitting wherever taking field measurements before fabrication might
delay work.
B. Inserts and Anchorages: Furnish inserts and anchoring devices which must be set
in concrete for installation of miscellaneous metal work. Provide setting drawings,
templates, instructions and directions for installation of anchorage devices.
Coordinate delivery with other work to avoid delay.
1. See Section 03300, Concrete Work, for installation of inserts and anchorage
devices.
C. Shop Assembly: Preassemble items in shop to greatest extent possible to minimize
field splicing and assembly. Disassemble units only as necessary for shipping and
handling limitations. Clearly mark units for reassembly and coordinated installation.
1.05 SUBMITTALS
A. Manufacturer's Data, Miscellaneous Metal: For information only, submit
manufacturer's specifications, anchor details and installation instructions for
products to be used in the fabrication of miscellaneous metal work. Including paint
products. Indicate by transmittal that copy of instructions has been distributed to
Installer.
B. Shop Drawings, Miscellaneous Metal: Submit shop drawings for fabrication and
erection of miscellaneous metal assemblies. Include plans, elevations, details,
sections and connections. Show anchorages and accessory items.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Metal Surfaces, General: For fabrication of miscellaneous metal work which will be
exposed to view, use only materials which are smooth and free of surface
blemishes including pitting, seam marks, roller marks, rolled trade names and
roughness.
B. Structural Steel Plates, Shapes and Bars: ASTM A36.
C. Steel Tubing: Hot -formed, welded or seamless, ASTM A501.
D. Adhesive Anchors: Hilti HVA adhesive anchor system with a heavy duty, two
component adhesive anchor consisting of a self-contained adhesive capsule, a
chiseled zinc plated all -threaded steel rod meeting the requirements of ISO 898
05500 - 1
Class 5.8, a nut, and a washer. Rods 3/8 inch through 1 1 /4 inch shall have a
minimum yield stress of 58 ksi and tensile strength of 72.5 ksi.
E. Toggle Bolts: Tumble -wing type, complying with FS FF-B-588, type, class and style
as required.
F. Shop Primerfor Ferrous Metal: Manufacturer's or Fabricator's standard, fast -curing,
lead-free, "Universal" primer; selected for good resistance to normal atmospheric
corrosion, for compatibility with finish paint systems indicated and for capability to
provide a sound foundation for field -applied topcoats despite prolonged exposure;
equal to Tnemec 10-99 (Red) or UE705 Fleet Line Red Oxide Metal Primer by
Adams Paint Company.
2.02 FABRICATION, GENERAL
A. Workmanship: Use materials of size and thickness shown, or if not shown, of
required size and thickness to produce strength and durability in finished product.
Work to dimensions shown or accepted on shop drawings, using proven details of
fabrication and support. Use type of materials shown or specified for various
components of work.
B. Form exposed work true to line and level with accurate angles and surfaces and
straight sharp edges. Ease exposed edges to a radius of approximately 1/32"
unless otherwise shown. Form bent -metal corners to smallest radius possible
without causing grain separation or otherwise impairing work.
C. Weld corners and seams continuously, complying with AWS Code. Grind exposed
welds smooth and flush, to match and blend with adjoining surfaces.
D. Form exposed connections with hairline joints, flush and smooth, using concealed
fasteners wherever possible. Use exposed fasteners of type shown, or if not
shown, phillips flat -head (countersunk) screws or bolts.
E. Provide for anchorage of type shown, coordinated with supporting structure.
Fabricate and space anchoring devices as shown and as required to provide
adequate support for intended use.
F. Cut, reinforce, drill and tap miscellaneous metal work as required to receive finish
hardware and similar items.
G. Shop Painting:
1. Shop paint miscellaneous metal work, except members or portions of
members to be embedded in concrete, surfaces and edges to be field
welded, and galvanized surfaces, unless otherwise specified.
2. Remove oil, grease and similar contaminants in accordance with SSPC-SP
1 "Solvent Cleaning".
3. Remove scale, rust and other deleterious materials before applying shop
coat. Clean off heavy rust and loose mill scale in accordance with SSPC-SP
2 "Hand Tool Cleaning" or SSPC-SP 3 "Power Tool Cleaning", or SSPC-SP
7 "Brush -Off Blast Cleaning".
4. Immediately after surface preparation, brush or spray on primer in
accordance with manufacturer's instructions, and at rate to provide uniform
dry film thickness of 2.0 mils for each coat. Use painting methods which will
result in full coverage of joints, corners, edges and exposed surfaces.
5. Apply one shop coat to fabricated metal items, except apply 2 coats of paint
to surfaces inaccessible after assembly or erection.
2.03 MISCELLANEOUS METAL ITEMS
A. Furnish bent or otherwise custom fabricated bolts, plates, anchors, hangers, dowels
and other miscellaneous steel and iron shapes as required for framing and
supporting woodwork, and for anchoring or securing woodwork to concrete or other
structures. Straight bolts and other stock rough hardware are required under other
sections.
05500 - 2
B. Manufacture or fabricate items of sizes, shapes and dimensions required. Furnish
malleable iron washers for heads and nuts which bear on wood structural
connections; elsewhere, furnish steel washers.
C. Miscellaneous Framing and Supports:
1. Provide miscellaneous steel framing and supports which are not a part of
structural steel framework, as required to complete work.
2. Fabricate miscellaneous units to sizes, shapes and profiles shown or, if not
shown, of required dimensions to receive adjacent other work to be retained
by framing. Except as otherwise shown, fabricate from structural steel
shapes and plates and steel bars, of welded construction using mitered
corners, welded brackets and splice plates and minimum joints for field
connection. Cut, drill, and tap units to receive hardware and similar items.
D. Miscellaneous Angles: Furnish and install angles where indicated. Furnish all
necessary clips or supports.
E. Miscellaneous Bracing: Furnish all bolts, screws, anchors, wire and fasteners to fit
every requirement. Where moisture conditions prevail, furnish galvanized rust -proof
materials.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Anchorages: Furnish setting drawings, diagrams, templates, instructions, and
directions for installation of anchorages, such as concrete inserts, anchor bolts and
miscellaneous items having integral anchors, which are to be embedded in concrete
construction. Coordinate delivery of such items to project site.
B. Fastening to In -Place Construction: Provide anchorage devices and fasteners
where necessary for securing miscellaneous metal items to in -place constructions;
including threaded fasteners for concrete inserts, toggle bolts, through -bolts, lag
bolts, wood screws and other connectors as required.
C. Cutting, Fitting and Placement: Perform cutting, drilling and fitting required for
installation of miscellaneous metal items. Set work accurately in location alignment
and elevation, plumb, level, true and free of rack, measured from established lines
and levels. Provide temporary bracing of anchors in formwork for items which are
to be built into concrete or similar construction.
D. Fit exposed connections accurately together to form tight hairline joints. Weld
connections which are not to be left as exposed joints, but cannot be shop welded
because of shipping size limitations. Grind joints smooth and touch-up shop paint
coat. Do not weld, cut or abrade the surfaces of exterior units which have been
hot -dip galvanized after fabrication, and are intended for bolted or screwed field
connections.
E. Field Welding: Comply with AWS Code for procedures of manual shielded metal
arc welding, appearance and quality of welds made, and methods used in correcting
welding work.
F. Touch -Up Painting: Immediately after erection, clean field welds, bolted
connections, and abraded areas of shop paint, and paint exposed areas with same
material as used for shop painting. Apply by brush or spray to provide a minimum
dry film thickness of 2.0 mils.
END OF SECTION 05500
This section prepared by Thoma Engineering, Inc.
05500 - 3
SECTION 06100 - ROUGH CARPENTRY
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to work of this Section.
1.02 DESCRIPTION OF WORK
A. Rough carpentry includes carpentry work not specified as a part of other sections
of these specifications and which generally is not exposed to view unless otherwise
detailed or scheduled. Work under this Section includes:
1. Wood Framing
2. Sheathing
3. Wood Grounds, Nailers and Blocking
1.03 RELATED WORK SPECIFIED ELSEWHERE
A. Metal Fabrications - Section 05500
1.04 QUALITY ASSURANCE
A. Lumber Standards: Comply with PS 20 and with the applicable rules of the
respective grading and inspecting agencies for species and products indicated.
B. Wood Structural Panel Standards: Comply with PS 1, PS 2 or PRP 108 and
identified with the appropriate trademark of APA.
C. Identification: Factory mark each piece of lumber and wood structural panel with
type, grade, mill and grading agency, except omit marking on surfaces to receive
transparent finish and submit mill certificate that materials have been inspected and
graded in accordance with grading standards if it cannot be marked on a concealed
surface.
D. Product Handling: Keep materials dry during delivery, storage and handling. Store
lumber and panels in stacks with provision for air circulation. Protect bottom of
stacks against contact with damp surfaces. Protect exposed materials from
weather.
E. Coordination: Coordinate location of furring, nailers, blocking, grounds and similar
supports so that attached work will comply with design requirements.
PART 2 - PRODUCTS
2.01 DIMENSION LUMBER
A. General: Provide lumber complying with the lumber producer's inspection agency
grading rules certified as conforming to the "National Grading Rules for Dimension
y' Lumber" by the Board of Review of the American Lumber Standards Committee
(ALSC). Dress dimensional lumber S4S unless otherwise indicated.
2.02 FRAMING
A. Other Framing Material: No. 2, KD, Southern Yellow Pine, or No. 2, Douglas
Fir -Larch, 19% maximum M.C.
2.03 SHEATHING (WOOD STRUCTURAL PANELS - PLYWOOD, OSB OR COMPOSITE
PANELS)
A. Wood Structural Panels: APA rated sheathing, exposure 1 with thickness noted on
the Drawings.
J.
2.04 PRESERVATIVE TREATMENT
A. Treatment shall be in accordance with the Vacuum Wood Preservers Institute
(VWPI) standards and shall conform to Federal Specification TT-W-572B(1). The
treatment shall be with a water repellent preservative containing 5% by weight of
pentachlorophenol, with a 2 pound retention per cubic foot using the Dri-Vac
process of controlled vacuum.
2.05 FASTENERS AND ANCHORAGES Provide size, type, materials and finish for each
application, complying with the following:
A. Nails and Staples: FS FF-N-105B VALID NOTICE 1.
B. Wood Screws: FS FF-S-111 D.
C. Bolts and Studs: FS FF-B-575C.
D. Nuts: FS FF-N-836D(2).
E. Washers: FS FF-W-92B.
F. Lag Screws or Lag Bolts: FS FF-B-561 C.
PART 3 - EXECUTION
3.01 WOOD FRAMING r
A. Provide miscellaneous blocking and framing as shown and as required for supportij
of facing materials, fixtures, specialty items and trim.
3.02 WOOD STRUCTURAL PANEL SHEATHING INSTALLATION ri
A. Install as recommended by the APA's "Design/Construction Guide Residential and
Commercial" (Form E30) for the spacing of supports or types of substrates involved
in the work. Provide thickness shown, or if not shown, provide thickness ri
recommended by APA.
END OF SECTION 06100
This Section prepared by Thoma Engineering, Inc.
I
I
I
SECTION 09900 - PAINTING
PART 1 -GENERAL
1.01 RELATED DOCUMENTS
A. Drawings, General Conditions of the Contract for Construction, Supplementary
Conditions (if any) and Division 1 - General Requirements apply to Work of this
Section.
1.02 WORK INCLUDED
A. Surface preparation.
B. Surface finish schedule.
1.03 SECTION INCLUDES
A. This Section includes surface preparation, painting, and finishing of exposed exterior
items and surfaces.
1. Surface preparation, priming, and finish coats specified in this section are in
addition to shop priming and surface treatment specified under other
sections.
B. Paint exposed surfaces whether or not colors are designated in "schedules," except
where a surface or material is specifically indicated not to be painted or is to remain
natural. Where an item or surface is not specifically mentioned, paint the same as
similar adjacent materials or surfaces. If color or finish is not designated, the
Engineer will select from standard colors or finishes available.
C. Painting is not required on prefinished items, finished metal surfaces, concealed
surfaces, operating parts, and labels.
1.04 RELATED SECTIONS
A. Section 05500- Metal Fbrications: Miscellaneous metal
1.05 REFERENCES
A. ANSI/ASTM D16 - Definitions of Terms Relating to Paint, Varnish, Lacquer, and
Related Products.
B. SSPC - SP1 - Solvent Cleaning.
C. SSPC - SP2 - Hand Tool Cleaning.
1.06 DEFINITIONS
A. Conform to ANSI/ASTM D16 for interpretation of terms used in this Section.
1.07 QUALITY ASSURANCE
A. Product Manufacturer: Company specializing in manufacturing quality paint and
finish products with five years experience.
B. Applicator: Company specializing in commercial painting and finishing with five
years documented experience.
C. Single -Source Responsibility: Provide primers and undercoat paint produced by the
_. same Manufacturer as the finish coats.
D. Coordination of Work: Review other sections in which primers are provided to
ensure compatibility of the total systems for various substrates. On request, furnish
information on characteristics of finish materials to ensure use of compatible
primers.
E. Notify the Engineer of problems anticipated using the materials specified.
F. Field Samples: On exterior components, duplicate finishes of prepared samples.
G. Final acceptance of colors will be from job -applied samples.
H. Material Quality: Provide the manufacturer's best quality trade paint material of the
i
09900 - 1
various coating types specified. Paint material containers not displaying
manufacturer's product identification will not be acceptable.
1. Proprietary names used to designate colors or materials are not intended to
implythat products named are required or to exclude equal products of other
manufacturers.
1.08 SUBMITTALS
A. Product Data
1. Provide product data on all finishing products.
2. Submit manufacturer's standard printed application instructions.
1.09 DELIVERY, STORAGE, AND HANDLING
A. Deliver, store, protect and handle products to site under provisions of Section
01600.
B. Deliver products to site in sealed and labeled containers; inspect to verify
acceptance.
C. Container labeling to include manufacturer's name, type of paint, brand name, brand
code, coverage, surface preparation, drying time, cleanup, color designation, and
instructions for mixing and reducing.
D. Store paint materials at minimum ambient temperature of 45 degrees F. and a
maximum of 90 degrees F., in well ventilated area, unless required otherwise by
manufacturer's instructions.
E. Take precautionary measures to preventfire hazards and spontaneous combustion.
1.10 ENVIRONMENTAL REQUIREMENTS
A. Provide continuous ventilation and heating facilities to maintain surface and ambient
temperatures above 45 degrees F. for 24 hours before, during, and 48 hours after
application of finishes, unless required otherwise by manufacturer's instructions.
B. Do not apply exterior coatings during rain or snow, or when relative humidity is
above 50 percent, unless required otherwise by. manufacturer's instructions.
C. Minimum Application Temperatures for Latex Paints: 50 degrees F. for exterior;
unless required otherwise by manufacturer's instructions.
D. Minimum Application. Temperature for Varnish and Synthetic Finishes: 65 degrees
F. for exterior, unless required otherwise by manufacturer's instructions.
E. Provide lighting level of 80 ft candles measured mid -height at substrate surface.
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Glidden Coatings and Resins Co., Cleveland, OH.
B. Kelly -Moore Paint Co., Inc., San Carlos, CA.
C. PPG Industries, Inc., Pittsburgh, PA.
D. Substitutions: In accordance with Section 01600.
2.02 MATERIALS
A. Coatings
1. Ready mixed. Process pigments to a soft paste consistency, capable of
being readily and uniformly dispersed to a homogeneous coating.
2. Good flow and brushing properties; capable of drying or curing free of
streaks or sags.
3. Compatible with existing coatings in renovation areas.
B. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners and other
materials not specifically indicated but required to achieve finishes specified, of
commercial quality.
2.03 FINISHES
A. Refer to schedule at
end of Section for surface finish schedule.
B. The schedule is based
on the products of the Glidden and Kelly -Moore as follows:
No.
Product Name
Type
1.
B50 series
Kern Kromik Metal Primer
Alkyd
2.
Y24W20
A-100 Exterior Alkyd Primer
Alkyd
3.
B54 series
Industrial Enamel
Alkyd -Gloss
4.
B34W200
Promar 200 Alkyd Semi -Gloss
Alkyd
5.
B49W2
Preprite Wall and Wood Primer
Alkyd
6.
B31 W72
Incredicoat
Acrylic Enamel
7.
Seal Hard
Seal Hard — L&M Construction Chemicals
Concrete Sealer
' C. Dry mill film thickness (DMF'T) indicated is minimum acceptable.
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify that surfaces are ready to receive work as instructed by product
manufacturer.
B. Examine surfaces scheduled to be finished prior to commencement of work. Report
any condition that May potentially affect proper application.
C. Beginning of installation means acceptance of existing surfaces.
3.02 PREPARATION
A. Correct minor defects and clean surfaces which affect work of this Section.
B. Impervious Surfaces: Remove mildew by scrubbing with solution of tri-sodium
phosphate and bleach. Rinse with clean water and allow surface to dry.
C. Galvanized Surfaces: Remove surface contamination and oils and wash with
solvent. Apply coat of etching primer.
D. Uncoated Steel and Iron Surfaces: Remove grease, scale, dirt, and rust. Where
heavy coatings of scale are evident, remove by wire brushing or sandblasting; clean
by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring
weld joints, bolts, and nuts are similarly cleaned. Spot prime paint after repairs.
E. Shop Primed Steel Surfaces: Sand and scrape to remove loose primer and rust.
Feather edges to make touch-up patches inconspicuous. Clean surfaces with
solvent. Prime bare steel surfaces.
3.03 PROTECTION
A. Protect elements surrounding the work of this Section from damage or disfiguration.
B. Repair damage to other surfaces caused by work of this Section.
C. Furnish drop cloths, shields, and protective methods to prevent spray or droppings
from disfiguring other surfaces.
D. Remove empty paint containers from site.
3.04 APPLICATION
A. Apply products in accordance with manufacturer's instructions.
B. Do not apply finishes to surfaces that are not dry.
C. Apply each coat to uniform finish.
D. Apply each coat of paint slightly darker than preceding coat unless otherwise
approved.
E. Sand lightly between coats to achieve required finish.
F. Allow applied coat to dry before next coat is applied.
3.05 CLEANING
A. As Work proceeds, promptly remove paint where spilled, splashed, or spattered.
B. During progress of Work maintain premises free of unnecessary accumulation of
tools, equipment, surplus materials, and debris.
C. Collect cotton waste, cloths, and material which may constitute a fire hazard, place
in closed metal containers and remove daily from site. r
R9 I . Gila 1 911
A. Exterior Surfaces
Surface 1stCoat(DMFT) 2nd Coat (DMFT) 3rd Coat (DMF)
Ferrous Metals B50 series (2.5)B54 series (2.0) B54 series (2.0)
Misc. Metal
B. Colors
1. Colors shall be selected by Engineer/Owner.
END OF SECTION 09900
This Section prepared by Thoma Engineering, Inc.
H
09900 - 4
r=