HomeMy WebLinkAboutResolution - 3614 - Contract - Danny Klein Construction - Citibus Building Renovations - 05_09_1991Resolution No. 3614
May 9, 1991
Item #26
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and Danny Klein Construction for Citibus building
renovations, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 9th day of May , 1991.
�
B. C. McMIN , MAYOR
ATTEST:
Rane to Boyd, City Secretary
APPROVED TO CONTENT:
Ge a Ea s, urc asing Manager
APPROVED AS TO FORM:
A�� W.��
[Wold Willard, Assistant City
Attorney
CHANGE ORDER NUMBER ONE
BID NUMBER 11166
TO: Danny Klein Construction
4310 93rd Street
Lubbock, Texas 79423
Original Amount of Contract
Amount Previous Change Orders
Net Amount this Change Order
Amended Amount of Contract
Percentage Change of Contract Price
Additional Time of Completion is 0
The Date of Substantial Completion
as of this Change Order is July 20,
is 8.5%
days
1991
$ 56,655.00
.00
4,838.86
$ 61,502.86
WHEREAS, it is desirable to make changes in the plans and specifications for
this project.
THIS AGREEMENT WITNESSED: The contractor to furnish all labor and material to
make changes as per attachment letter dated June 18, 1991. This change order
also includes a 10 year warranty for a portion of the roof as specified in
contract documents.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands
this the llth day of July, 1991.
CONTRACTOR:
Danny lein Const tion
j
By �✓
TITLE 19Y
APPROVED AS TO FORM:
i
�`y Attorney v
OWNER:
City Of Lubbock
BY
Deputy City Manager
Al VED AS TO CONTENT
f i
Building Services
Danny Klein Construction
4310 93rd Street • Lubbock, Texas 79423 Phone 794-9610 Mobile 777-9610
June 18, 1991
$4,174.50
Additional Bond $25 Per 1000 104.36
Grand Total $4,278.86
PM
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CITY OF LUBBOCK
SPECIFICATIONS
FOR
CITIBUS BUILDING RENOVATIONS
BID # 11166
V-
CITY OF LUBBOCK
_ Lubbock, Texas
����
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
Office of
Purchasing
MAILED TO VENDOR: April 16, 1991
CLOSE: 04/19/91 @ 2:00 P.M.
BID # 11166
ADDENDUM # 1
Please modify or amend Contract Documents as per the attached sheet.
THA YOU,
Ron Shuffield
BUYER
PLEASE RETURN ONE COPY WITH YOUR BID
RS/mf
CITIBUS BUILDING RENOVATIONS
CITY OF LUBBOCK
LUBBOCK, TEXAS
BID DATE: Friday, April 19, 1991
2:00 p.m.
ADDENDUM NO. 1:
BGR ARCHITECTS -ENGINEERS
LUBBOCK, TEXAS
APRIL 15, 1991
All Bidders are asked to note the following changes, additions, omissions,
and/or corrections to the original bidding documents. Instructions issued in
this Addendum are to be a part of the contract and the Bidders are asked to
adjust their proposal accordingly.
ITEM NO. 1: Specifications, Section 07510, BUILT-UP BITUMINOUS ROOFING AND
MODIFIED BITUMEN ROOFING, page 07510-2, paragraph 2.01.A, revise
as follows:
"Reroofing: Manville 4GIG, 1/2" insulation, four G1asPlay
Premier with relief vents. Use tapered insulation cricket
where shown."
ITEM NO. 2: Specifications, Section 01100, ALTERNATES, change Alternate No.
1 to read as follows:
"If Alternate No. 1 is accepted, the Contractor shall provide
manufacturer's standard no dollar limit watertight roofing
system guarantee with flashing endorsement for the modified
— bitumen roofing specified in Section 07510, executed by an
authorized representative of the manufacturer agreeing to repair
or replace work which leaks water through the roof or flashing.
Guarantee shall be for 10 years with no dollar limit.
NOTE: This alternate applies to modified bitumen reroofing
and related flashings. "Repair" work including
small built-up reroof areas shall have 2-year
warranty."
ITEM NO. 3: Drawings, SHEET 3 of 3, the note "REPAIR ALL DAMAGED PLASTER `
SURFACES (CEILINGS & WALLS) THIS ROOM" applies to all plaster
surfaces in Room 108 which have deteriorated, or sustained water
damage or other damage.
End of Addendum No. 1
-
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
806-767-2167
Office of
Purchasing
MAILED TO VENDOR: April 16, 1991
CLOSE: 04/19/91 @ 2:00 P.M.
BID # 11166
_ ADDENDUM # 2
Please modify or amend Contract Documents as per the attached sheet.
z
YOU,
Ron Sfiuffi e
BUYER
PLEASE RETURN ONE COPY WITH YOUR BID
RS/mf
CITIBUS BUILDING RENOVATIONS
CITY OF LUBBOCK
LUBBOCK, TEXAS
BID DATE: Friday, April 19, 1991
2:00 p.m.
ADDENDUM NO. 2:
BGR ARCHITECTS -ENGINEERS
LUBBOCK, TEXAS
APRIL 17, 1991
All Bidders are asked to note the following changes, additions, omissions,
and/or corrections to the original bidding documents. Instructions issued in
this Addendum are to be a part of the contract and the Bidders are asked to
-- adjust their proposal accordingly.
— ITEM NO. 1: Drawings, SHEET 1, replace all base flashing on the long narrow
roof area (approx. 4' x 1/2') located south of the southernmost
shingle roof.
ITEM NO. 2: Drawings, SHEET 1, apply wall covering to the existing west
wall, including north and south return walls of the northernmost
building.
Wall covering shall be equal to Manville Specification No. FE-2.
Remove dust, dirt and loose materials that would prevent good
bonding.
Prime surface and proceed as follows:
— First:
Trowel on a 1/8" thick layer of Bestile and embed a
layer of premier felt. Lap ends 3" and seal with
Bestile.
— Second:
Trowel on a second layer of 1/8" thick Bestile and embed
a second layer of premier felt extending 1" beyond first
layer.
— Third:
Trowel on a final layer 1/8" thick of Bestile.
Fourth:
Coat entire wall covering system with fibrated roof
coating. A full and uniform coverage will be required
or additional coats will be required.
ITEM NO. 3: Drawings,
SHEET 1, replace base flashing on the north wall of
northernmost
building (approx. 78 L.F.) between the NW corner
— and the
raised roof shown as Note 7.
ITEM NO. 4: Drawings, SHEET 1, Note No. 5 shall include existing base
flashing, and existing wall flashing if any.
End of Addendum No. 2
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: CITIBUS BUILDING RENOVATIONS
ADDRESS: 801 TEXAS AVENUE
BID NUMBER: 11166
PROJECT NUMBER: 3821-552101-0001
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
NOTICETO BIDDERS..........................................................................................3
GENERAL INSTRUCTIONS TO BIDDERS............................................................................4
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
PAYMENTBOND..............................................................................................13
PERFORMANCE BOND..........................................................................................16
CERTIFICATE OF INSURANCE..................................................................................19
CONTRACT..................................................................................................21
GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23
CURRENT WAGE DETERMINATIONS..................................................................41
SPECIFICATIONS............................................................................................42
SPECIAL CONDITIONS........................................................... ........ ...............43
NOTICEOF ACCEPTANCE......................................................................................44
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NOTICE TO BIDDERS
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ADVERTISEMENT FOR BIDS
BID # 11166
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
Texas, 79401 until 2:00 o'clock p.m, on the 19th day of April, 1991, 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:
CITIBUS BUILDING RENOVATIONS
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
_ submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a prebid conference on 12th day of April, 1991, at 10:00 o'clock a.m., Personnel
Conference Room #108, Municipal Building, 1625 13th Street.
BY: Gene Eads, C.P.M.
PURCHASING MANAGER
NOTICE TO BIDDERS
BID # 11166
Sealed proposals addressed to Gene Eads, C.P.N., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m. on the 19th day of April, 1991, 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:
CITIBUS BUILDING RENOVATIONS
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 9th day of May. 1991, at Municipal Bldg., Lubbock,
Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids
and waive any formalities. The successful bidder will be required to furnish a performance bond and payment
bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract
price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a
company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that
will be considered in determination of the lowest responsible bidder. If the contract price does not exceed
$25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a
cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a 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 bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on 12th day of April. 1991, at 10:00 o'clock a.m., Personnel
Conference Room #108, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
-- 1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
Renovations to Citibus facilities located at 801 Texas Avenue.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral Conditions.
"— All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as
noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 60 (SIXTY) calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however,
the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated
by the contract documents. In the event the City requires a progress schedule to be submitted, and it is
determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
... 5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. AFFIDAVITS OF BILLS PAID
® The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor
to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of
the improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
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T. 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 pro-
tecting 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 provi-
sion. 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.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and
pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear
within ONE year from date of final acceptance of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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12. 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 construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by
-- this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig-
nals, 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 re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and Lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor
from the City. In all cases where written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
16. 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
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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 subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow construction work requiring an inspector on weekends or holidays will be
made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition
so that it is no longer dangerous to property or life.
18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the
site of the work shall not later than the seventh day following the payment of wages; file with the Owner's
Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name
of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The
affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc-
tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classifications set forth in the schedule of
general prevailing rate of per diem wages, which schedule is included in the contract documents.
-8-
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten
dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such
laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set
forth in the schedule of general prevailing rate of per diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected and returned to the bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis-
tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an indi-
vidual, 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.
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE Lubbock
DATE 4-18-91
-- PROJECT NO. 11166
Proposal of Danny Klein Construction (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a Citibus Building Renovations
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions 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, of which this proposal is to be
a part, is as follows:
ALT
Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar
days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to
pay to Owner as liquidated damages the sum of $100.00 (One Hundred dollars) for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general
conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined
the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
Acknowledge 2 Addendem.
-11-
to commence work on or before the date specified in the written notice to proceed, and to substantially complete
work on which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for _
Dollars (S ) or a Proposal Bond in the sum of 5% of amount bid Dollars (E )
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal ;c
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bon
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of poi
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Danny Klein Construction
Contractor
BY• Danny Klein
-12-
SURETY DEPARTMENT incnAnirVKU
KNOW ALL MEN Ev THESE PRESENTS,
That we, Danny Klein Construction
4310 93rd Street
Lubbock, TX 79423 as Principal,
hereinafter caller the PnnciDal, and the Hartford Casualty Insurance Cbeparry a corporation created and
existing under the laws of the State of ...... Indiana -.- - whose principal office is in Hartford, Connecticut
as Surety, hereinaher called the Surety, are held and firmly bound unto City Of Lubbock, Lubbock, TX
as Obligee, hereinafter called the Obligee,
in the sum of
Five Percent of the Greatest Amount Bid Dollars (S 9% G.A.B. ),
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 Citibus Building Renovation — Bid NO. 11166
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 Prncipat 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.
Signedand sealed this................l h.............day of ..... AP.ri1............................................................................................................... A.D. 19-91
Dann Klein Construction (SEAL)
Witness........................................................................:................. Y ..
y....... // f.... ,....' ............... SEA')
(Title)
(
Tilts)
Attest.................................................................................................................................. ....._..................................................... .............................................. (SEAL)
(If corporat—)
Hartford Casualty Insurance C®pany
c
Attest............ .....� ... ft.:.:..... .....�-. ................. ev. .i
..... ......................... .., i'T.,.t.,,,. :,.. ,......:..f5EAL1
-�- William D. Baldwin, Attorney )in-i�act
HARTFORD CASUALTY INSURANCE COMPANY
EXECUTIVE OFFICE Hrutlord, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY, a
corporation duly organized under the laws of the State of Indiana, and having its Executive Office in the City of
Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
WILLIAM D. BALDWIN of RICHARDSON, TEXAS
its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate
capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other
writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons
-- holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies;
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by taw allowed,
and to bind the HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extent as if such bonds
and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD
CASUALTY INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and
confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted under and by authority of the following Resolutions adopted by the Hoard of Directors
of the HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly called and held on the 15th day of June, 1968.
RESOLVED. that. the President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have power and authority to
appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more
Resident Vice -Presidents, Resident Assistant Secretaries and Attomeys-in-Fact and at any time to remove any such Resident Vice -President,
Resident Assistant Secretary, or Attorney -in -Fact, and revoke the power and authority given to him.
Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings
obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if
signed by an Executive Officer and sealed and attested by one other of such Officers.
RESOLVED, that. Robert N. H. Senor, Assistant Vice -President, shall have. as long as he holds such office, the same powers as any Vice -
President pursuant to the preceding Resolution.
r RESOLVED, that, whereas the President or any Vice -President, acting with any Secretary or Assistant Secretary, has the power and
authority to appoint by a power of attorney, for purposes only of executing and attesting bonds and undertakings, and other writings obligatory
in the nature thereof, one or more Resident Vice -Presidents, Assistant Secretaries and Attorneys -in -Fact.
Now therefore. the signatures of such Officers and the seal of the Company may be affixed to any such power of attomey or to any
certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
RESOLVED, that. Robert N. H. Sener, Assistant Vice -President. may, as long as he holds such office, affix his signature by facsimile
pursuant too and with the same effect as that granted to Vice -Presidents under the preceding Resolution.
In Witness Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be
-- signed by its Assistant Vice -President, and its corporate seal to be hereto affixed, duly attested by its Secretary,
this 1st day of March, 1988. - r
HARTFORD CASUALTY INSURANCE COMPANY
Attest:
.,� Robert J. Mathieu Robert N. H. Saner
Secretary Assistant Vice -President
STATE OF CONNECTICUT,
ss.
_. COUNTY OF HARTFORD,
On this 18th day of March, A.D. 1988, before me personally came Robert N. H. Sener, to me known, who being by
me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the
Assistant Vice -President of the HARTFORD CASUALTY INSURANCE COMPANY, the corporation described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and
that he signed his name thereto by like order. v`1
STATE OF CONNECTICUT. � Jacqueline T. Desrosiers, Notary Public
SS.r. My Commission Expires April 1, 1993
COUNTY OF HARTFORD. CERTIFICATE a'
t
I, the undersigned, Assistant Secretaryof the HARTFORD CASUALTY INSURANCE COMPANY, an Indiana .?
Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force'
and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the'Power i
-- of Attorney, are now in force.
Signed and sealed at the City of Hartford. Date the 19th day ofr 19 sl ` `r}\
David A. Johnson
Form S-M7.6 (HC) Printed in U.S.A. " /•` Assistant Secretary ' i
PAYMENT BOND
-13-
(THIS PAGE LEFT BLANK INTENTIONALLY)
BOND CHECK
BEST RATTING
LICENSED IN TEXAS
TEXAS STATUTORY PAYMENT BOND �By
(PUBLIC WORKS)
BOND NO. 4630361
KNOW ALL MEN BY THESE PRESENTS, That Danny Klein Construction, 4310 93rd Street,
Lubbock, TX 79423 (hereinafter called the Principal), as principal, and Hartford Casualty Insurance
Company, a corporation organized and existing under the laws of the State of New York, licensed to do
-- business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are
held and firmly bound unto City of Lubbock, Lubbock, TX (hereinafter called the Obligee), in the amount
of Fifty Six Thousand Six Hundred Sixty Five and no/100 (Dollars) ($56,665.00) 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 contract with the Obligee, dated theolL day of
, 1991, for Citibus Building Renovation, Lubbock, TX, which contract is hereby referred to and
made7a 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 null and void, otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the
Revised Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the
-- provisions, conditions and limitations of said Article to the same extent as if it were copied at length herein.
IN I NESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
1� day o , 1991.
PRINCIPAL: Danny Klein Construction
BY:
SURETY:Hartford Casualty Insurance Company
ti
BY:
William D. Baldwin, Attorney -in -Fact �
41, . •r
Disclosure of Guaranty Fund Nonparticipation
In the event the insurer/surety is unable to fulfill its contractual obligation
under this policy or contract or application or certificate or evidence of
coverage, the policyholder or certificateholder is not protected by an
insurance guaranty fund or other solvency protection arrangement.
COMPLAINT NOTICE —Should any dispute arise about your premium or about a claim that you have filed,
contact the agent or write to the company that issued the policy. If the problem is not resolved, you may also
write the State Board of Insurance, Department C, 1110 San Jacinto, Austin, Texas 78701-1998. This notice
of complaint procedure is for information only and does not become a part or condition of this policy.
CN-I-COMPLAINT NOTICE -EFFECTIVE SEPTEMBER 1. 1994
It ��
HARTFORD CASUALTY INSURANCE COMPANY
EXECUTIVE OFFICE Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY, a
corporation duly organized under the laws of the State of Indiana, and having its Executive Office in the City of
Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
WILLIAM D. BALDWIN of RICHARDSON, TEXAS
its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate
capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other
writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons
holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies;
r guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed,
and to bind the HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extent as if such bonds
and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD
CASUALTY INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and
confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors
of the HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly called and held on the 15th day of June, 1988.
RESOLVED, that, the President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have power and authority to
appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more
Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -fact and at any time to remove any such Resident Vice -President,
Resident Assistant Secretary, or Attorney -in -fad, and revoke the power and authority given to him.
Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings
obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fad shall be as binding upon the Company as if
signed by an Executive Officer and seated and attested by one other of such Officers.
RESOLVED, that. Robert N. H. Saner, Assistant Vice -President, shall have, as long as he holds such office, the same powers as any Vice -
President pursuant to the preceding Resolution.
�^ RESOLVED, that, whereas the President or any Vice -President, acting with any Secretary or Assistant Secretary, has the power and
authority to appoint by a power of attorney, for purposes only of executing and attesting bonds and undertakings, and other writings obligatory
in the nature thereof, one or more Resident Vice -Presidents, Assistant Secretaries and Attorneys -in -Fact.
Now therefore, the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any
.certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seat shall be valid
�... and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
RESOLVED, that, Robert N. H. Saner. Assistant Vice -President, may, as long as he holds such office, affix his signature by facsimile
pursuant too and with the same effect as that granted to Vice -Presidents under the preceding Resolution.
In Witness Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be
signed by its Assistant Vice -President, and its corporate seal to be hereto affixed, duly attested by its Secretary,
this 1st day of March, 1988.
HARTFORD CASUALTY INSURANCE COMPANY
Attest:
Robert J. Mathieu Robert N. H. Saner
i1 ` ', Secretary Assistant Vice -President
STATE OF CONNECTICUT,
SS.
COUNTY OF HARTFQRD,
On this 18th day of March, A.D. 1988, before me personally came Robert N. H. Sener, to me known, who being by
me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the
Assistant Vice -President of the HARTFORD CASUALTY INSURANCE COMPANY, the corporation described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and
that he signed his name thereto by like order. -� U`� /� �1�;t A 'f"
STATE OF CONNECTICUT, � SS. "'` Q Jacqueline T. Diers, Notary Public
�' acqueesros
" My Commission Expires April 1, 1999 t
COUNTY OF HARTFORD, CERTIFICATE tr '
+' '
I, the undersigned, Assistant Secretary- of the HARTFORD CASUALTY INSURANCE COMPANY, an Indiana ,' t
Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force, .'
and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power)
of Attorney, are now in force.
Signed and sealed at the City of Hartford. Date the day of 19
g David A. Johnson
�- Form s kW_5 (HC) Printed in U.S.A. „✓'r4+` Assistant Secretary
(THIS PAGE LEFT BLANK INTENTIONALLY)
PERFORMANCE BOND
-16-
(THIS PAGE LEFT BLANK INTENTIONALLY)
BOND CHECK
BEST RATING /lr
LICENSED IN TEXAS
TEXAS STATUTORY PERFORMANCE BOND DATE-7-BY
(PUBLIC WORKS)
BOND NO. 4630361
KNOW ALL MEN BY THESE PRESENTS, That Danny Klein Construction, 4310 93rd Street,
Lubbock, TX 79423 (hereinafter called the Principal), as principal, and Hartford Casualty Insurance
Company, a corporation organized and existing under the laws of the State of New York, licensed to do
-- business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are
held and firmly bound unto City of Lubbock, Lubbock, TX (hereinafter called the Obligee), in the amount
of Fifty Six Thousand Six Hundred and Sixty Five and no/100 (Dollars) ($56,665.00) 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 contract with the Obligee, dated the folk day of
1991, for Citibus Building Renovation, Lubbock, TX which contract is hereby referred to and made
a pA 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 null and void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the
Revised Civil Statutes of Texas, as amended by the 71 st Legislature, 1989, and all liabilities on this bond
shall be determined in accordance with the provisions, conditions and limitations of said Article to the same
extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
L4 day of ffiam 1991.
PRINCIPAL: Danny Klein Construction
BY: �--�
r SURETY: Hartford Casualty Insurance Company
BY:
William D. Baldwin, Attorney -in -Fact
Disclosure of Guaranty Fund Nonparticipation
In the event the insurer/surety is unable to fulfill its contractual obligation
under this policy or contract or application or certificate or evidence of
coverage, the policyholder or certificateholder is not protected by an
insurance guaranty fund or other solvency protection arrangement.
COMPLAINT NOTICE —Should any dispute arise about your premium or about a claim that you have filed,
contact the agent or write to the company that issued the policy. If the problem is not resolved, you may also
write the State Board of Insurance, Department C, 1110 San Jacinto, Austin, Texas 78701-1998. This notice
of complaint procedure is for information only and does not become a part or condition of this policy.
CN-I-COMPLAINT NOTICE -EFFECTIVE SEPTEMBER 1. 1994
HARTFORD CASUALTY INSURANCE COMPANY
EXECUTIVE OFFICE Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents. That the HARTFORD CASUALTY INSURANCE COMPANY, a
corporation duly organized under the laws of the State of Indiana, and having its Executive Office in the City of
Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
WILLIAM D. BALDWIN of RICHARDSON, TEXAS
its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate
capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other
writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons
holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies;
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed,
and to bind the HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extent as if such bonds
and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD
CASUALTY INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and
confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors
of the HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly called and held on the 15th day of June, 1988.
RESOLVED, that, the President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have power and authority to
appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more
Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice -President,
Resident Assistant Secretary, or Attorney -in -Fact, and revoke the power and authority given to him.
Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings
obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if
signed by an Executive Officer and sealed and attested by one other of such Officers.
RESOLVED, that, Robert N. H. Saner, Assistant Vice -President, shall have, as long as he holds such office, the same powers as any Vice -
President pursuant to [he preceding Resolution.
RESOLVED, that, whereas the President or any Vice -President, acting with any Secretary or Assistant Secretary, has the power and
authority to appoint by a power of attorney, for purposes only of executing and attesting bonds and undertakings, and other writings obligatory
in the nature thereof, one or more Resident Vice -Presidents, Assistant Secretaries and Attorneys -in -Fact.
Now therefore, the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any
.certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile Seal shall be
valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
RESOLVED, that, Robert N. H, Saner, Assistant Vice -President, may, as long as he holds such office, affix his signature by facsimile
pursuant too and with the same effect as that granted to Vice -Presidents under the preceding Resolution.
In Witness Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be
signed by its Assistant Vice -President, and its corporate seal to be hereto affixed, duly attested by its Secretary,
this 1st day of March, 1988.
HARTFORD CASUALTY INSURANCE COMPANY
Attest:
*,
' Rob
l,. 1 l ert J. Mathieu Robert N. H. Saner
1t ` Secretary Assistant Vice -President
STATE OF CONNECTICUT, l
ss,
COUNTY OF HARTFORD.
On this 18th day of March, A.D. 1988, before me personally came Robert N. H. Sener, to me known, who being by
me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the
Assistant Vice -President of the HARTFORD CASUALTY INSURANCE COMPANY, the Corporation described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and
that he signed his name thereto by like order.
Y .� ►, --� 4.i
STATE OF CONNECTICUT, ��J..quwine
'` T. Desrosiers, Notary Public i
Ss. — My Commission Expires April 1, 1993 r ..
COUNTY OF HARTFORD, CERTIFICATE
I, the undersigned, Assistant Secretaryof the HARTFORD CASUALTY INSURANCE COMPANY, an Indiana
Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.
and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power
of Attorney, are now in force.
Signed and sealed at the City of Hartford. Date the day of 19
David A. Johnson
Assistant Secretary
t gg
Form S 35a7-5 (HC) Printed in U.S.A.
� r>
(THIS PAGE LEFT BLANK INTENTIONALLY)
CERTIFICATE OF INSURANCE
-19-
(THIS PAGE LEFT BLANK INTENTIONALLY)
This Is to certify that
}
has in force for
location of operations
%.criIirlLHfcvr ir40Uriea1'4l._r_
❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
&KSTATE FARM LLOYDS, Dallas, Texas
DANNY KLEIN
Name of Policyholder
4310 93rd
Address of Policyholder
LUBBOCK,TX 79423
rrultiple
the following coverages for the periods and limits indicated below.
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
(eff.lexp.)
LIMITS OF LIABILITY
(at beginning of policy period)
)3 59 7319 7 F
X❑ Commercial
2-1-91/2-1-92
BODILY INJURY AND
General Liability
PROPERTY DAMAGE
Each Occurrence $ 500,000.00
The above insurance [] Products —Completed Operations
includes: (applicable
if indicated by ®) L�9 Personal Injury
1 0� 000-00
General Aggregate $ > >
Contractual Liability
® Advertising and Personal Injury
Products —Completed
Operations Aggregate $
❑ Underground Property Damage
® EOmos LIABILI IYpse Property Damage
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
(eff.lexp.)
LIMITS OF LIABILITY
(at beginning of policy period)
Workmen's/Workers'
2-1-91/2-1-92
93 59 7319 7 F
2 cCompensation —
Coverage A
Coverage A STATUTORY
Coverage B 100 �.�
Employer's Liability —
$ ,
Coverage B
PROFESSIONAL LIABILITY
❑ Professional
Each Claim $
Liability
Aggregate $
Excess Liability
BODILY INJURY AND
❑ Combined Single Limit for: PROPERTY DAMAGE
❑ Umbrella
Each Occurrence $
❑ Other
Aggregate $
El
El
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,
EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Party to Whom Certificate is Issued
CITIBUS BUILDING RENOVATION 5-9-91
CITY OF LUBBOCK Date
gnature o ih ze Representative
agent
Title
558-994 TX 2-88
(THIS PAGE LEFT BLANK INTENTIONALLY)
it"r
HARTFORD CASUALTY INSURANCE COMPANY
EXECUTIVE OFFICE Hartford, Connectkut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY, a
corporation duly organized under the laws of the State of Indiana, and having its Executive Office in the City of
Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
WILLIAM D. BALDWIN of RICHARDSON, TEXAS
its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate
capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other
writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons
holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies;
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed,
and to bind the HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extent as if such bonds
and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD
CASUALTY INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and
confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors
of the HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly called and held on the 15th day of June, 1988.
RESOLVED, that. the President or any Vice -President. acting with any Secretary or Assistant Secretary• shall have power and authority to
appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more
Resident Vice -Presidents. Resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice -President.
Resident Assistant Secretary, or Attorney -in -Fact, and revoke the power and authority given to him.
Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings
obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if
signed by an Executive Officer and sealed and attested by one other of such Officers.
RESOLVED, that. Robert N. H. Sener, Assistant Vice -President, shall have, as long as he holds such office, the same powers as any Vice -
President pursuant to the preceding Resolution.
RESOLVED, that, whereas the President or any Vice -President, acting with any Secretary or Assistant Secretary, has the power and
authority to appoint by a power of attorney, for purposes only of executing and attesting bonds and undertakings• and other writings obligatory
in the nature thereof, one or more Resident Vice -Presidents. Assistant secretaries and Attorneys -in -Fact.
Now therefore, the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any
certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
RESOLVED, that, Robert N. H. Sener, Assistant Vice -President. may, as long as he holds such office, affix his signature by facsimile
pursuant too and with the same effect as that granted to Vice -Presidents under the preceding Resolution.
In Witness Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be
signed by its Assistant Vice -President, and its corporate seal to be hereto affixed. duly attested by its Secretary,
this 1st day of March, 1988.
HARTFORD CASUALTY INSURANCE COMPANY
Attest
Robert J. Mathieu Robert N. H. Sener
Secretary Assistant Vice -President
STATE OF CONNECTICUT, )
COUNTY OF HARTFORD, 1
l �
On this 18th day of March, A.D. 1988. before me personally came Robert N. H. Sener, to me known, who being by
me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the
Assistant Vice -President of the HARTFORD CASUALTY INSURANCE COMPANY, the corporation described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and
that he signed his name thereto by like order. I
STATE OF CONNECTICUT, ' '` � Jacqueline T. Desrosiers, Notary Public t
ss.
My Commission Expires April 1, 1993 r
COUNTY OF HARTFORD, CERTIFICATE t,
1, the undersigned, Assistant Secretaryof the HARTFORD CASUALTY INSURANCE COMPANY, an Indiana
Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force,
and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power
of Attorney, are now in force.
Signed and sealed at the City of Hartford. Date the day of n� 19
Y
g` David A. Johnson
Form S-J51J7-5 (HC) Printed in U.S.A. `,�,F:' Assistant Secretary
't,
(THIS PAGE LEFT BLANK INTENTIONALLY)
CONTRACT
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(THIS PAGE LEFT BLANK INTENTIONALLY)
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 9th day of May, 1991, by and between the City of Lubbock, County
of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter
referred to as OWNER, and DANNY KLEIN CONSTRUCTION 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 CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as foL-
lows:
BID #11166 - CITIBUS BUILDING RENOVATIONS IN THE AMOUNT OF $56,665.000
and aLL extra work in connection therewith, under the terms as stated in the contract documents and at his (or
their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said construction in accordance with
the contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
been given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the 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.
ATTEST: _ __� CITY OF LUBBOCK, TEXAS (OWNER)
kSecreiary—
MAYOR
AS TO CONTENT:
AS TO FORM:
ATTEST:
Corporate Secretary
1 DANNY KLEIN CONSTRUCTION
Kit CONTRACTO
By,: �/ L._
TITLE:
COMPLETE ADDRESS:
4310 93RD STREET
Lubbock, Tx 79423
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GENERAL CONDITIONS OF THE AGREEMENT
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(THIS PAGE LEFT BLANK INTENTIONALLY)
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, copartnership or corporation, to -wit: DANNY KLEIN CONSTRUCTION,
who has agreed to perform the work embraced in this contract, or to his 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 JERRY SMITH, DIRECTOR OF BUILDING SERVICES, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who will inspect construc-
tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act
in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under
the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in
behalf of the Contractor.
4. CONTRACT DOCUMENTS
.The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with the Notice to Bidders.
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.
whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
b. 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 re-
sponsibility 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.
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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 him who gives the notice.
8. WORK
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 docu-
ments. 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 docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and
shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative
will check the Contractor's layout of all major structures and any other layout work done by the Contractor
at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly
Locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he 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 of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
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13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative 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 him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive 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 shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that 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 this
contract. He 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 Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint
from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative
may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors
or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey
-- the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
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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 his absence
and all directions given to him shall be binding as if given to the Contractor. 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 Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his 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 himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, 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 him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish 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 direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, 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.
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21. OBSERVATION AND TESTING
- The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, 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 Representa-
tive to make observations of such work or require testing of said work, then in such event Owner or Owner's
Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection,
testing or approval made by persons competent to perform such tasks at the Location where that part of the
work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organization as may be required
by Law or the contract documents.
If any 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 Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, 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 approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work 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 this agreement to make such inspections,
tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further 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 Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur-
ther 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 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 in-
crease 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
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case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to 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, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive when presented with a written work order signed by the Owner's Representative; subject, however, to the
right of the Contractor to require written confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined
by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed Lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph 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 Workmen's
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 mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery 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 com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments 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 he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative 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 in-
sists 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). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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25. DISCREPANCIES AND OMISSIONS
-- It is further agreed that it is the intent of this contract 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. if the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the
quality of work with the rate of progress required under this contract, the Owner or Owner's Representative
may order the Contractor in writing to increase their safety or improve their character and efficiency and
the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's 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, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his 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 pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized 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. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy for this specific job, and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned Vehicles. The City is to be named as an additional insured on this policy for this specific
job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or Limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid specifications.
(b) A provision that written notice shall be given to the City ten days prior to any change in
or cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
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shall remain unpaid, withhold from the unpaid portion of this contract, a sun equal to the amount of such
unpaid indebtedness or may apply the sun so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner 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 speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save owner harm-
less from any loss on account thereof. If the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
owner of such infringement.
31. 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 effect the contract or the work, and shall indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in-
sofar 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.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his 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 his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract 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 on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sun of $100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall
be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the
impractica-bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his 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 contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Owner is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor proposes 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 sev-
eral parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his 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 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
except when his 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,
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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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 judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
37. 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 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 of-
fered for the work. 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.
38. 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 he shall be
Liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. 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 such price in full for furnishing all materials and all labor required for the
aforesaid work, also, for all expenses incurred by him 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.
40. 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 de-
fective 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 con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
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41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par-
tial 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; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
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 this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the Owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
_ Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the value of all work performed and materials furnished under
the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
w this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
certificate of acceptance 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 special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
— condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative,
Owner may remove and replace it at Contractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
-36-
date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from Loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or Labor.
03 Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
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) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the owner and the acceptance by
the Contractor of the final payment shall be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall Lapse, and the de-
cision of the Owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
the Specifications hereto attached, 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.
After receiving said notice of abandonment, 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 case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the Owner may provide 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 sup-
plies 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 com-
pleted by the Contractor, then said Contractor shall receive the difference. In case such expense
is greater than the sun which would have been payable under this contract, if the same had been com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
-- to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per 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. However, 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.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, 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 certificate of completion.
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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 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. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety 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 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 subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) 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. 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 machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds 525,000.00. If the contract price does not exceed 525,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
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53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss 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 and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his 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 ob-
serve Contractor's work during his 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.
55. 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 he shall remove all such debris and also his 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.
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(THIS PAGE LEFT BLANK INTENTIONALLY)
CURRENT WAGE DETERMINATIONS
-41-
(THIS PAGE LEFT BLANK INTENTIONALLY)
GENERAL WAGE DECISION NO. TX90- 15 1,3t,?o
Supersedes General Wage Decision No. TX89-15
State: TEXAS
County(ies): Lubbock
Construction
Type: Building
Construction
Description: Building Construction Projects (does not include single
family homes & apartments up to & Including 4 stories).
(Use current heavy & highway general wage determination
for Paving & Utilities Incidental to Building
Construction).
Modification Record:
No. Publication Date Page No.(s)
1 April 27, 1990 1024
1023
Vol. it
TX90- 15 120
Basic
Fringe
Hourly
Benefits
Rates
ACOUSTICAL CEILING and DRYWALL MECHANICS
10.00
.25
BRICKLAYERS
11.74
*CARPENTERS
12.50
2.73
ELECTRICIANS
13.25
2.75+ 3.25%
GLAZIERS
9.50
LABORERS
5.95
LATHERS
11 . 17
MASON TENDERS
6.25
PAINTERS
10.50
PLASTERERS
11.17
PLUMBERS (Including HVAC):
Mechanical contracts $150.000 or less
10.50
1.59
Mechanical contracts over $150.000
15.00
1.59
ROOFERS
9.71
SHEET METAL WORKERS (Including Duct
Work)
8.80
.69
SPRINKLER FITTERS
17.70
3.55
POWER EQUIPMENT OPERATORS:
Backhoe
10.50
.42
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 (29 CFR, 5.5 (a) (1)
(ii)).
1024 (April 27, 1990)
Vol. 11
SPECIFICATIONS
-42-
(THIS PAGE LEFT BLANK INTENTIONALLY)
Citibus
Roof Improvements
I. General Information
A. This project will be in part funded by a Urban Mass
Transportation Administration (UMTA) grant and is subject
to all requirements of UMTA.
B. Appeal procedures are as follows:
1) Requests for approved equals, clarification of
specifications, and protest of specifications must be
received by the City in writing, not less than fifteen
full days before date of the scheduled opening of
proposals. Any request for approved equal or protest of
the specifications must be fully supported with technical
data, test results, or other pertinent information as
— evidence that the substitutes offered is equal to or
better than the specifications.
2) The City's replies to requests will be postmarked at
least ten full days before the date scheduled for opening
of the proposals.
3) Appeals of the decision of the City must be in writing
and received by UMTA not less than five full days before
the scheduled date to open proposals. Appeals received
less than five full days before the scheduled date to
open proposals will not be considered. The City will
furnish UMTA a copy of all previous correspondence
pertaining to the subjects covered by the appeal. In
deciding appeals, UMTA will consider only the
documentation developed during negotiations between the
City and the proposer and information obtained through
specific requests for such to the City, the proposer, or
other third party.
4) Upon receipt of a notice, when an appeal has been
submitted to UMTA, the City will immediately contact UMTA
to determine if the date scheduled for opening of the
proposals should be postponed. If the opening date is
"- postponed, the City will notify all proposers that an
appeal has been filed and that the date is postponed
until UMTA has reached a decision. Appropriate addenda
— will be issued rescheduling the date.
5) Any appeal to UMTA may be withdrawn at any time before
UMTA has issued its decision. However, UMTA's decision
on any appeal will be final. Appeal procedures are as
follows:
C. The following UMTA contract clauses must be adhered to
as a requirement of this project:
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LABOR PROVISIONS - CONSTRUCTION CONTRACTS
1. Minimum Wages.
a. All laborers and mechanics employed or working upon the
site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29CFR Part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not
less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made
a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or costs
reasonably anticipated for bona fide fringe benefits
under Section 1 (b) (2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of
paragraph (a) (1) (iv) of 29 CFR 5.5; also, regular
contributions made or costs incurred for more then a
weekly period. Such laborers and mechanics shall be paid
the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually
performed, without regard to skill, except as provided
in 29 CFR 5.5 (a) (4). Laborers or mechanics performing
work in more than one classification may be compensated
at the rate specified for each classification for the
time actually worked therein: provided, that the
employer's payroll record accurately set forth the time
spent in each classification in which work is performed.
The wage determination (including any additional
classification and wage rates conformed under paragraph
(a) (1) (ii) of 29 CFR 5.5 and the Davis -Bacon poster
(WH-1321) ) shall be posted at all times by the contractor
and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily
seen by the workers.
b. (1) The contracting officer shall require that any class
of laborers or mechanics which is not listed in the
wage determination and which is to be employed under
the contract shall be classified in conformance with
the wage determination. The contracting officer
shall approve an additional classification and wage
Roof Improvements
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_ Page 3
rate and fringe benefits therefor only when the
following criteria have been met:
(a) The work to be performed by the classification
requested is not performed by a classification
in the wage determination; and
(b) The classification is utilized in the area by
the construction industry; and
(c) The proposed wage rate, including any bona fide
-- fringe benefits, bears a reasonable
relationship to the wage rates contained in
the wage determination.
(2) If the contractor and the laborers and mechanics to
be employed in the classification (if known), or
their representatives, and the contracting officer
agree on the classification and wage rate (including
the amount designated for fringe benefits where
appropriate), a report of the action taken shall be
sent by the contracting officer to the administrator
of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor,
— Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action
within 30 days of receipt and so advise the
— contracting officer or will notify the contracting
officer within the 30-day period that additional
time is necessary.
(3) In the event the contractor, the laborers or
mechanics to be employed in the classification or
their representatives, and the contracting officer
do not agree on the proposed classification and wage
rate (including the amount designated for fringe
benefits, where appropriate), the contracting
officer shall refer the questions including the
views of all interested parties and the
recommendation of the contracting officer to the
Administrator for determination. The Administrator,
or an authorized representative, will issue a
determination within 30 days of receipt and so
advise the contracting officer or will notify the
contracting officer within the 30 day period that
additional time is necessary.
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(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(a) (1) (b) or (c) of 29 CFR 5.5, shall be paid to
all workers performing work in the classification
under this contract from the first day on which work
is performed in the classification.
C. Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, that
the Secretary of Labor has found, upon the written
request of the contractor, that The Secretary of Labor
may require the contractor to set aside in a separate
account assets for the meeting of obligations under the
plan or program.
2. Withholding
DOT shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold
or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject
to Davis -Bacon prevailing wage requirements, which is held by
the same prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of
failure to pay any laborer or mechanics, including any
apprentice, trainee, or helper, employed or working on the
site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction of
development of the project), all or part of the wages required
by the contract, DOT may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
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3. Payrolls and Basic Records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the
work and preserved for a period of three years thereafter
_ for all laborers and mechanics working at the site of the
work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain
the name, address, and social security number of each
such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in Section 1
(b) (2) (b) of the Davis -Bacon Act, daily and weekly
— number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found under
29 CFR 5.5(a) (1) (iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program
described in Section 1(b) (2) (b) of the Davis -Bacon Act,
the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that
the plan or program has been communicated in writing to
the laborers or mechanics affected, and records which
` show the costs anticipated or the actual costs incurred
in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall
maintain written evidence of the registration of
apprenticeship programs and certification of trainee
programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b. (1) The contractor shall submit weekly, for each week
in which any contract work is performed, a copy of
all payrolls to the grantee. The payrolls submitted
shall set out accurately and completely all of the
-- information required to be maintained under 5.5 (a)
(3) of regulations, 29 CFR Part 5. This information
may be submitted in any form desired, optional form
WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents
(Federal stock number 029-005-00014-1), U.S.
Government Printing Office, Washington, D.C. 20402.
The prime contractor is responsible for the
submission of copies of payrolls by all
subcontractors.
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(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance", signed by the contractor
or subcontractor or his or her agent who pays or
supervises the payment of the persons employed under
the contract and shall certify the following:
a. That the payroll for the payroll period
contains the information required to be
maintained under Section 5.5 (a) (3) (i) of
regulations, 29 CFR Part 5 and that such
information is correct and complete.
b. That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on
the contract during the payroll period has been
paid the full weekly wages earned, without
rebate, either directly or indirectly, and that
no deductions have been made either directly
or indirectly from the full wages earned, other
than permissible deductions as set forth in
regulations, 29 CFR Part 3.
C. That each laborer or mechanic has been paid
not less than the applicable wage rates and
fringe benefits or cash equivalents for the
classification of work performed, as specified
in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of
optional form WH-347 shall satisfy the requirement
for submission of the "Statement of Compliance"
required by paragraph (a) (3) (ii) (b) of 29 CFR
Section 5.5.
(4) The falsification of any of the above certifications
may subject the contractor or subcontractor to civil
or criminal prosecution under Section 1001 of Title
18 and Section 231 of Title 31 of the United States
Code.
C. The Contractor or subcontractor shall make the records
required under paragraph (a) (3) (i) of 29 CFR Section
5.5 available for inspection, copying, or transcription
by authorized representatives of DOT or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the
required records or to make them available, the federal
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agency may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment,
advance or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such
records available may be grounds for debarment action
pursuant to 29 CFR Section 5.12.
4. APPRENTICES AND TRAINEES
a. Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state
apprenticeship agency recognized by the Bureau, or if a
person is employed in his or her first 90 days of
probationary employment as an apprentice in such an
apprenticeship program, who is not individually
registered in the program, but who has been certified by
the Bureau of Apprenticeship and Training or a state
apprenticeship agency (where appropriate) to be eligible
for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the
entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of
work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not
less than the applicable wage rate on the wage
determination for the work actually performed. Where a
contractor is performing construction on a project in a
locality other than that in which its program is
registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified
in the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not
less than the rates specified in the registered program
for the apprentice's level of progress, expressed as a
percentage of the journeyman's hourly rate specified in
the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions
of the apprenticeship program. If the apprenticeship
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program does not specify fringe benefits, apprentices
must be paid the full amount of fringe benefits listed
on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringe benefits shall be paid in
accordance with that determination. In the event the
Bureau of Apprenticeship and Training, or a state
apprenticeship agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor
will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
b. Trainees. Except as provided in 29 CFR Section 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they
are employed pursuant to and individually registered in
a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the site shall not be greater
than permitted under the plan approved by the Employment
and Training Administration. Every trainee must be paid
at not less than the rate specified in the approved
program for the trainee's level of progress, expressed
as a percentage of the journeyman's hourly rate specified
in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions
of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman's
wage rate on the wage determination for the
classification of work actually performed. In addition
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In
the event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
C. Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment
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opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements. The contractor
shall comply with the requirements of 18 U.S.C. 874 and 29
CFR Part 3, which are incorporated by reference. This act
provides that each contractor or subgrantee shall be
prohibited from inducing, by any means any person employed in
the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise
entitled.
-- 6. Contract Termination: Debarment. A breach of the contract
clauses in 29 CFR Section 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR Section 5.12.
7. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and related
acts contained in 29 CFR Parts 1, 3, and 5 are herein
incorporated by reference.
8. Disputes Concerning Labor Standards. Disputes arising out of
the general disputes clause of this contract shall not be
subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR Parts 5, 6, and
7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors)
and the contracting agency, the U.S. Department of Labor, or
the employees or their representatives.
9. a. Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor
he or she) nor any person or firm who has an interest in
the contractor's firm is a person or firm ineligible to
be awarded government contracts by virtue of Section 3 (a)
of the Davis -Bacon Act or 29 CFR Section 5.12(a)(1).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a government
contract by virtue of Section 3(a) of the Davis -Bacon
_ Act or 29 CFR Section 5.12(a)(1).
C. The penalty for making false statements is prescribed in
the U.S. Criminal Code, 18 U.S.C. Section 1001.
10. Overtime Requirements. No contractor or subcontractor
contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics
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shall require or permit any such laborer or mechanic in any
work week in which he or she is employed on such work to work
in excess of eight hours in any calendar day or in excess of
forty hours in such work week unless such laborer or mechanic
received compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of
eight hours in any calendar day or in excess of forty hours
in such work week, whichever is greater.
11. Violation; Liability for Unpaid Wager; Liquidated Damages.
In the event of any violation of the clause set forth in
subparagraph (b) (1) of 29 CFR Section 5.5, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia
or a territory, to such district or to such territory), for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set
forth in subparagraph (b) (1) of 29 CFR Section 5.5 in the sum
of $10 for each calendar day on which such individual was
required or permitted to work in excess of eight hours or in
excess of the overtime wages required by the clause set forth
in subparagraph (b) (1) of 29 CFR Section 5.5.
12. Withholding for Unpaid Wages and Liquidated Damages. DOT or
the recipient shall upon its own action or upon written
request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any monies
payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other
Federally -assisted contract which is held by the same prime
contractor, such sums as may determined to be necessary to
satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the
clause set forth in subparagraph (b) (2) of 29 CFR Section
5.5.
13. Section 107 of C.W.H.S.S.A. is applicable to construction
work and provides that no laborer or mechanic shall be
requested to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous to his health
and safety as determined under construction, safety and health
standards promulgated by the Secretary of Labor. These
requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market,
or contracts for transportation or transmission of
intelligence.
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14. Nonconstruction Grants. The contractor or subcontractor shall
-- maintain payrolls and basic payroll records during the course
of the work and shall preserve them for a period of three
years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the
contract. Such records shall contain the name and address of
each such employee, social security number, correct
classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages
paid. Further, the recipient shall require the contracting
officer to insert in any such contract a clause providing that
the records to be maintained under this paragraph shall be
made available by the contractor or subcontractor for
inspection, copying, or transcription by authorized
_ representatives of DOT and the Department of Labor, and the
contractor or subcontractor will permit such representatives
to interview employees during working hours on the job.
-- 15. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in subparagraph 1
through 15. of this paragraph and also a clause requiring the
subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in subparagraphs 1. through 15. of
this paragraph.
EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION
Nondiscrimination
During the performance of this contract, the contractor agrees as
follows:
a. The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, age, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment without
regard to their race, color, religion, sex, age, or national
origin. Such action shall include but not be limited to the
following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection of
training, including apprenticeship. The contractor agrees to
post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provision
of this nondiscrimination clause.
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b. The contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, age,
or national origin.
C. The contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice advising the said
labor union or worker's representative of the contractor's
commitments under this section 202 of Executive Order 11246
of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
d. The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, as amended by Executive
Order 11375, and with the rules, regulation, and relevant
orders of the Secretary of Labor.
e. The contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and
by rules, regulation, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books,
records, and accounts by the Urban Mass Transportation
Administration and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,
regulations, and orders.
f. In the event of the contractor's noncompliance with the
nondiscrimination clauses or this agreement or with any of
the said rules, regulation or orders, this agreement may be
cancelled, terminated, or suspended in whole or in part. The
contractor may be declared ineligible for further Government
contracts or Federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246
of September 24, 1965, as amended, and such other sanctions -
may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor or as otherwise provided by
law.
g. The contractor will include a citation to 42 CFR 60-1 (b) and
(c) and the provisions of paragraphs (a) through (g) herein,
in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September
24, 1965, as amended by Executive Order 11375. Such provision
shall be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any
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subcontractor or purchase order as the Urban Mass
Transportation Administration may direct as a means of
enforcing such provisions, including sanctions for
noncompliance, provided, however, that in the event a
contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction by the Urban Mass Transportation Administration may
direct as a means of enforcing such provisions, including
sanctions for noncompliance, provided, however that in the
event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
litigation to protect the United States.
EQUAL EMPLOYMENT OPPORTUNITY/CONSTRUCTION CONTRACT SPECIFICATIONS
Standard Federal Equal Employment Opportunity Construction Contract
Specifications (Executive Order 11246):
1. As used in these specifications:
a. "Covered Area": means the geographical area described in
the solicitation from which this contract resulted.
b. "Director": means Director, Office of Federal Contract
Compliance Programs, United States Department of Labor,
_ or any person to whom the Director delegates authority.
C. "Employer Identification Number": means the Federal
Social Security Number used on the employer's quarterly
Federal Tax Return, U.S. Treasury Department Form 941.
d. "Minority" includes:
(i) Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American or Other Spanish
culture or origin regardless of race)
(ii) Black (all persons having origins in any of the
black African racial groups not of Hispanic origin)
(iii) Asian and Pacific Islander (all persons having
— origins in any of the original people of the Far
East, Southeast Asia, and the Indian subcontinent
or the Pacific Islands); and
(iv) American Indian or Alaskan native (all persons
having origins in any of the original people of
North America and maintaining identifiable tribal
affiliations through membership and participation
or community identification).
2. Whenever the Contractor, or any subcontractor at any tier,
subcontracts a portion of the work involving any construction
trade, it shall physically include in each subcontract in
excess of $10,000 the provision of these specifications and
the notice which contains the applicable goals for minority
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and female participation and which is set forth in the
solicitation from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5)
in a hometown plan approved by the U.S. Department of Labor
in the covered area, either individually or through an
association, its affirmative action obligations on work in
the plan area (including goals and timetables) shall be in
accordance with that plan for those trades which have unions
participating in the plan. Contractors must be able to
demonstrate their participation in and compliance with the
provisions of any such hometown plan. Each contractor or
subcontractor participating in an approved plan is
individually required to comply with its obligations under
the EEO clause, and to make a good faith effort to achieve
each goal under the plan in each trade in which it has
employees. The overall good faith performance by other
contractors or subcontractors toward a goal in an approved
plan does not excuse any covered contractor's failure to make
good faith efforts to achieve the plan goals and timetables.
4. The Contractor shall implement the specific affirmative action
standards provided in paragraphs (7) (a) through (p) of these
specifications. The goals set forth in the solicitation from
which this contract resulted are expressed as percentages of
the total hours of employment and training of minority and
female utilization the contractor should reasonably be able
to achieve in each construction trade in which it has
employees in the covered area. Covered construction
contractors performing construction work in geographical areas
where they do not have a Federal or Federally assisted
construction contract shall apply the minority and female
goals established for the geographical area where the work is
being performed. Goals are published periodically in the
Federal Register in notice form, and such notices may be
obtained from any Federal Contract Compliance Program Office
or from Federal Procurement Contracting Officers. The
contractor is expected to make substantial uniform progress
toward its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement,
nor the failure by a union with whom the contractor has a
collective bargaining agreement, to refer either minorities
or women shall excuse the Contractor's obligations under these
specifications, Executive Orders 11246 and 11375, or the
regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and
trainees to be counted in meeting the goals, such apprentices
and trainees must be employed by the Contractor during the
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training period, and the contractor must have made a
commitment to employ the apprentices and trainees at the
completion of their training subject to the availability of
employment opportunities. Trainees must be trained pursuant
to training programs approved by the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to
ensure equal employment opportunity. The evaluation of the
_ Contractor's compliance with these specifications shall be
based upon its effort to achieve maximum results from its
actions. The Contractor shall document these efforts fully,
and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of
harassment, intimidation and coercion at all sites, and
in all facilities at which the contractor's employees
are assigned to work. The contractor, where possible,
will assign two or more women to each construction
project. The contractor shall specifically ensure
personnel are aware of and carry out the contractor's
obligation to maintain such a working environment, with
specific attention to minority or female individuals
working at such sites or in such facilities.
b. Establish and maintain a current list of minority and
female recruitment sources, provide written notification
to minority and female recruitment sources and to
community organizations when the contractor or its unions
have employment opportunities available, and maintain a
record of the organizations' responses.
C. Maintain a current file of the names, addresses and
telephone numbers of each minority and female off -the -
street applicant and minority or female referral service
from a union, a recruitment source or community
organization and of what action was taken with respect
to each such individual. If such individual was sent to
the union hiring hall for referral and was not referred
back to the contractor by the union or if referred, not
employed by the contractor, this shall be documented in
the file with the reason therefore, along with whatever
additional actions the contractor may have taken.
d. Provide immediate written notification to the director
when the union or unions with which the contractor has
a collective bargaining agreement has not referred to
the contractor a minority person or women sent by the
contractor, or when the contractor has other information
that the union referral process has impeded the
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contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or
participate in training programs for the area which
expressly include minorities and women, including
upgrading programs and apprenticeship and trainee
programs relevant to the contractor's employment needs,
especially those programs funded or approved by the
Department of Labor. The contractor shall provide notice
of these programs to the sources compiled under (7) (b)
above.
f. Disseminate the contractor's EEO policy by providing
notice of the policy to unions and training programs and
requesting their cooperation in assisting the contractor
in meeting its EEO obligations; by including it in any
policy manual and collective bargaining agreement; by
publicizing it in the company newspaper, annual report,
etc.; by specific review of the policy with all
management personnel and with all minority and female
employees at least once a year; and by posting the
company EEO policy on bulletin boards accessible to all
employees at each location where construction work is
performed.
g. Review, at least annually, the company's EEO policy and
affirmative action obligations under these specifications
with all employees having any responsibility for hiring,
assignment, layoff, termination or other employment
decisions including specific review of these items with
on -site supervisory personnel such as superintendents,
general foremen, etc., prior to the initiation of
construction work at any job site. A written record
shall be made and maintained identifying the time and
place of these meetings, persons attending, subject
matter discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by
including it in any advertising in the news media,
specifically including minority and female news media,
and providing written notification to and discussing the
contractor's EEO policy with other contractors and
subcontractors with whom the contractor does or
anticipates doing business.
i. Direct its recruitment efforts, both oral and written,
to minority, female and community organizations, to
schools with minority and female students and to minority
and female recruitment and training organization serving
the contractor's recruitment area and employment needs.
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Not later than one month prior to the date for the
acceptance of applications for apprenticeship or other
training by any recruitment source, the contractor shall
send written notification to organizations such as the
above, describing the openings, screening procedures, and
— tests to be used in the selection process.
j. Encourage present minority and female employees to
recruit other minority persons and women and, where
reasonable, provide after school, summer and vacation
employment to minority and female youth both on the site
and in other areas of the contractor's workforce.
k. Validate all tests and other selection requirements where
there is an obligation to do so under 41 CFR Part 60-3.
1. Conduct, at least annually, an inventory and evaluation
at least of all minority and female personnel for
promotional opportunities and encourage these employees
to seek or to prepare for, through appropriate training,
etc., such opportunities.
-. M. Ensure that seniority practices, job classifications,
work assignments and other personnel practices, do not
have a discriminatory effect by continually monitoring
all personnel and employment related activities to ensure
that the EEO policy and the contractor's obligations
under these specifications are being carried out.
— n. Ensure that all facilities and company activities are
nonsegregated except that separate or single -user toilet
and necessary changing facilities shall be provided to
assure privacy between the sexes.
o. Document and maintain a record of all solicitations of
offers for subcontracts from minority and female
construction contractors and suppliers, including
circulation of solicitations to minority and female
contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors'
adherence to and performance under the contractor's EEO
— policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary
associations which assist in fulfilling one or more of their
affirmative action obligations set forth in paragraphs (7)
(a) through (p). The efforts of a contractor association,
joint contractor -union, contractor community, or other similar
group of which the contractor is a member and participant, may
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be asserted as fulfilling any one or more of its obligations
under (7) (a) through (p) of these specifications, provided
that the contractor actively participates in the group, makes
every effort to assure that the group has a positive impact
on the employment of minorities and women in thQ industry,
ensures that the concrete benefits of the program are
reflected in the contractor's minority and female workforce
participation, makes a good faith effort to meet its
individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions
taken on behalf of the contractor. The obligation to comply,
however, is the contractor's and failure of such a group to
fulfill an obligation shall not be a defense for the
contractor's noncompliance.
9. A single goal for minorities and separate single goal for
women have been established. The contractor, however, is
required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and
female, and all women, both minority and non -minority.
Consequently, the contractor may be in violation of the
Executive Order if a particular group is employed in a
substantially disparate manner (for example, even though the
contractor has achieved its goal for women generally, the
contractor may be in violation of the Executive Order if a
specific minority group of women is underutilized).
10. The contractor shall not use the goals and timetables or
affirmative action to discriminate against any person because
of race, color, religion, sex, age, or national origin.
11. The contractor shall not enter into any subcontract with any
person or firm debarred from government contracts pursuant to
Executive Order 11246, as amended by Executive Order 11375.
12. The contractor shall carry out such sanctions and penalties
for violation of these specification and of the equal
opportunity clause, including suspension, termination and
cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and
its implementing regulations by the Office of Federal Contract
Compliance Programs, Any contractor who fails to carry out
such sanctions and penalties shall be in violation of these
specifications and Executive Order 11246, as amended.
13. The contractor, in fulfilling its obligations under these
specification, shall implement specific affirmative action
steps, at least as extensive as those standards prescribed in
paragraph (7) of these specification, so as to achieve maximum
results from its efforts to ensure equal employment
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opportunity. If the contractor fails to comply with the
requirements of the Executive Order, the implementing
regulation, or these specification, the Director shall proceed
in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to
monitor all employment related activity to ensure that the
company EEO policy is being carried out, to submit reports
relating to the provisions herein as may be required by the
Government and to keep records. Records shall at least
include for each employee the name, address, telephone
numbers, construction trade, union affiliation if any,
employee identification number when assigned, social security
number, race, sex, status (e.g., mechanic, apprentice,
trainee, helper, or laborer), dates of changes in status hours
worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Record shall be
maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this
requirement, contractors shall not be required to maintain
separate records.
-- 15. Nothing herein shall be construed as a limitation upon the
application of other laws which establish different standards
of compliance or upon the application of requirements for the
hiring of local or other area residents (e.g., those under the
Public Works Employment Act of 1977 and the Community
Development Block Grant Program.)
EEO/CONSTRUCTION CONTRACT NOTICE
Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (Executive Order 11246):
— 1. The offeror's or bidder's attention is called to the "Equal
Opportunity Clause" and the "Standard Federal Equal Employment
Opportunity Construction Contract Specifications" set forth
herein.
2. a. The goals and timetables for minority and female
participation, expressed in percentage terms for the
— contractor's aggregate workforce in each trade on all
construction work in the covered area, are as follows:
These goals are applicable to all the contractor's
construction work (whether or not it is Federal or
Federally assisted) performed in the covered area. If
the contractor performs construction work in a
geographical area located outside the covered area, it
shall apply the goals established for such geographical
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area where the work is actually performed. With regard
to this second area, the contractor also is subject to
the goals for both its Federally involved and
nonfederally involved construction.
b. The contractor's compliance with the Executive Order and
the regulations in 41 CFR Part 60-4 shall be based on its
implementation of the Equal Opportunity clause, specific
affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3(a), and its
efforts to meet the goals. The hours of minority and
female employment and training must be substantially
uniform throughout the length of the contract, and in
each trade, and the contractor shall make a good faith
effort to employ minorities and women evenly on each of
its projects. The transfer of minority or female
employees or trainees from contractor to contractor or
from project to project for the sole purpose of meeting
the contractor's goals shall be a violation of the
contract, the Executive Order, and the regulations in 41
CFR Part 60-4. Compliance with the goals will be
measured against the total work hours performed.
3. The contractor shall provide written notification to the
Director of the Office of Federal Contract Compliance Programs
within 10 working days of award of any construction
subcontract in excess of $10,000 at any tier for construction
work under the contract resulting from this solicitation. The
notification shall list the name, address and telephone number
of the subcontractor; employer identification number of the
subcontractor; estimated dollar amount of the subcontract; and
the geographical area in which the contract is to be
performed.
4. As used in this notice and in the contract resulting from this
solicitation, the "covered area", is Lubbock, Lubbock County,
Texas.
DISADVANTAGE BUSINESS ENTERPRISE
1. Policy. It is the policy of the Department of Transportation
that disadvantaged business enterprises as defined in 49 CFR
Part 23 shall have the maximum opportunity to participate in
the performance of contracts financed in whole or part with
Federal funds provided under this agreement. Consequently the
DBE requirements of 49 CFR Part 23 apply to this agreement.
2. DBE Obligation. The recipient or its contractor agrees to
ensure that disadvantaged business enterprises as defined in
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49 CFR Part 23 have the maximum opportunity to participate in
the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this
agreement. In this regard all recipients or contractors shall
take all necessary and reasonable steps in accordance with 49
CFR Part 23 to ensure that disadvantaged business enterprises
have the maximum opportunity to compete for and perform
contracts. Recipients and their contractors shall not
discriminate on the basis of race, creed, color, national
origin, age, or sex in the award and performance of DOT -
assisted contracts.
TITLE VI CIVIL RIGHTS ACT OF 1964
Title VI Compliance
During the performance of this contract, the contractor, for
itself, its assignees and successors in interest (hereinafter
referred to as the "contractor"), agrees as follows:
1. Compliance with Regulations: The contractor shall comply with
the Regulations relative to nondiscrimination in federally -
assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
J
2. Nondiscrimination: The contractor, with regard to the work
performed by it during the contract, shall not discriminate
on the grounds of race, religion, color, sex, age, or national
origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment.
The contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5
of the regulation, including employment practices when the
contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurement of
Materials and Equipment: In all solicitations either by
competitive bidding or negotiation made by the contractor for
work to be performed under a subcontract, including
procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the
contractor of the contractor's obligations under this contract
and the Regulations relative to nondiscrimination on the
grounds of race, religion, color, sex, age, or national
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origin.
4. Information and Reports: The contractor shall provide all
information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access
to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Recipient or
the Urban Mass Transportation Administration (UMTA) to be
pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information is required
or a contractor is in the exclusive possession of another who
fails or refuses to furnish this information, the contractor
shall so certify to the Recipient, or the Urban Mass
Transportation, as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's
noncompliance with the nondiscrimination provisions of this
contract, the Recipient shall impose such contract sanctions
as it or the Urban Mass Transportation Administration may
determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the
contract until the contractor complies, and/or,
b. Cancellation, termination or suspension of the contract,
in whole or in part.
6. Incorporation of Provisions: The contractor shall include
the provisions of paragraph (1) through (6) of this section
in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as
the Recipient or the Urban Mass Transportation Administration
may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of
such direction, the contractor may request the Recipient to
enter into such litigation to protect the interest of the
Recipient, and, in addition, the contractor may request the
services of the Attorney General in such litigation to protect
the interest of the United States.
CONSERVATION
Contractor shall recognize mandatory standards and policies
relating to energy efficiency which are contained in the State
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energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 USC Section 6321 et seq.).
INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS
In accordance with 18 U.S.C. section 431, no member of, or
delegates to, the Congress of the United States shall be admitted
to a share or part of this contract or to any benefit arising
therefrom.
CONFLICT OF INTEREST
No employee, officer, or agent of the grantee shall participate in
selection, or in the award or administration of a contract if a
conflict of interest, real or apparent, would be involved. Such
a conflict would arise when:
_ a. The employee, officer or agent;
b. Any member of his immediate family;
C. His or her partner; or
d. An organization which employs, or is about to employ,
has a financial or other interest in the firm selected
for award.
-- The grantee's officers, employees or agents shall neither solicit
nor accept gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties of subagreements.
DEBARRED BIDDERS
The Contractor, including any of its officers or holders of a
controlling interest, is obligated to inform the Recipient whether
or not it is or has been on any debarred bidders' list maintained
by the United States Government. Should the contractor be included
on such a list during the performance of this project, it shall so
inform the Recipient.
PROJECT SIGNS
The Contractor shall erect at the site of construction, and
maintain during construction, signs satisfactory to the Department
of Transportation identifying the Project and indicating that the
Government is participating in the development of the project.
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TERMINATION
a. Termination for Convenience
The (Recipient) may terminate this contract, in whole or in
part, at any time by written notice to the Contractor, The
Contractor shall be paid its costs, including contract close-
out costs, and profit on work performed up to the time of
termination. The Contractor shall promptly submit its
termination claim to (Recipient) to be paid the Contractor.
If the Contractor has any property in its possession belonging
to the (Recipient), the Contractor will account for the same,
and dispose of it in the manner the (Recipient) directs.
b. Termination for Default
If the Contractor does not deliver supplies in accordance with
the contract delivery schedule, or, if the contract is for
services, the Contractor fails to perform in the manner called
for in the contract, or if the Contractor fails to comply with
any other provisions of the contract, the (Recipient) may
terminate this contract for default. Termination shall be
effected by serving a notice of termination on the contractor
setting forth the manner in which the Contractor is in
default. The contractor will only be paid the contract price
for supplies delivered and accepted, or services performed in
accordance with the manner of performance set forth in the
contract. If it is later determined by the (Recipient) that
the Contractor had an excusable reason for not performing,
such as a strike, fire, or flood, events which are not the
fault of or are beyond the control of the Contractor, the
(Recipient), after setting up a new delivery of performance
schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
C. Termination for Cost -Type Contracts
The (Recipient) may terminate this contract, or any portion
of it, by serving a notice of termination on the Contractor.
The notice shall state whether the termination is for
convenience of the (Recipient) or for the default of the
Contractor. If the termination is for default, the notice
shall state the manner in which the contractor has failed to
perform the requirements of the contract. The Contractor
shall account for any property in it's possession paid for
from funds received from the (Recipient), or property supplied
to the Contractor by the (Recipient). If the termination is
for default, the (Recipient) may fix the fee, if the contract
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provides for a fee, to be paid the contractor in proportion
to the value, if any, of work performed up to the time of
termination. The Contractor shall promptly submit its
termination claim to the (Recipient) and the parties shall
negotiate the termination settlement to be paid the
Contractor.
If the termination is for the convenience of the (Recipient),
the Contractor shall be paid its contract close-out costs, and
a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of
termination.
If, after serving a notice of termination for default, the
(Recipient) determines that the Contractor had an excusable
reason for not performing, such as strike, fire, flood, events
which are not the fault of and are beyond the control of the
contractor, the (Recipient), after setting up a new work
schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
BREECH OF CONTRACT
The violation or breech of contract terms as entered into with
the contractor will make the contract null and void. Citibus
may terminate this contract in whole or in part at any time
by first giving the contractor written notice when it is
determined by Citibus that the contractor has failed to comply
with any of the provisions of the contract document and the
-- contractor has not cured such failure to Citibus' satisfaction
within a reasonable time after receiving notice of such non-
compliance. In the event of partial or total termination of
this contract, Citibus may take over the work and perform the
same to completion itself or by subcontract and the contractor
shall be liable to Citibus for any and all costs occasioned
by Citibus. The contract price shall be decreased in the
amount of such liability of the contractor and Citibus. Upon
giving ten (10) days written notice to the contractor, Citibus
may elect to abandon this work and terminate the contract
-- between Citibus and the contractor. In such event, the
contractor shall be paid for all work executed, expenses
incurred, and a reasonable profit thereon.
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NOTE
It is distinctly understood that by virtue of this contract, no mechanic,
contractor, materialman, artisan, or laborer, skilled or unskilled, shall ever
in any manner have, claim or acquire any lien upon the building or any of the
improvements of whatsoever nature or kind so erected or to be erected by
virtue of this contract or upon any of the land which said building or any of
the improvements are so erected, built or situated.
N - 1
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SECTION 01010 - SPECIAL CONDITIONS
1.01 RELATED DOCUMENTS:
A. Applicable requirements of the General Conditions and Supplementary
Conditions apply to work specified in this section.
1.02 EXAMINATION OF SITE:
A. Bidders are expected to visit the site of the building and compare
the drawings and specifications with existing conditions, and inform
themselves of all conditions which will affect this work. Failure
of the successful bidder to do so will in no way relieve the bidder
from necessity of furnishing any materials, labor, or equipment, or
performing any work that may be required to complete work in
accordance with drawings and specifications, without additional cost
to the Owner.
1.03 NOTIFICATIONS:
A. The Contractor shall give the Architect verbal notification at least
48 hours prior to commencing any of the following:
Translucent Fiberglass Panel installation
Roofing
Plastering
Painting
1.04 PROTECTION AND ACCESS:
A. The Contractor shall adequately protect the adjacent property at all
times, and shall make good at his own expense any damage to such
property arising out of any operation connected with his contract.
B. The Contractor shall at all times protect the building from damage
from rain water. He shall provide pumps and equipment and
enclosures to provide this protection.
C. The Contractor shall at all times provide protection against weather
- rain, wind, storms, frost, or heat so as to maintain all work,
materials, apparatus and fixtures from injury or damage. At the end
of the day's work all new or old work likely to be damaged shall be
covered.
1.05 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK:
A. Before the award of the Contract, the Contractor shall furnish to
the Architect in writing for acceptance by the Owner and the
Architect a list of the names of Subcontractors proposed for the
various portions of the work, including the federal identification
number of the Contractor and each Subcontractor. Pay estimates will
not be considered until Subcontractors are approved.
1.06 SPECIAL PROJECT PROCEDURES:
A. ALTERATIONS AND ADDITIONS TO EXISTING FACILITIES:
1. The contractor shall cooperate with the Owner in scheduling his
work. Due to the nature of the work required by this contract,
all operations must be coordinated with the Owner to insure a
minimum of interference with the continuing use of the existing
facilities.
2. This contract shall include alterations and additions to
existing building as indicated on the drawings. Each bidder
will be expected to familiarize himself with conditions
affecting the execution of this work.
01010 - 1
3. The drawings and notes do not indicate complete existing
building, or water, sewer, waste, electrical or other
construction conditions and each bidder shall visit the site
prior to submitting his proposal and shall inspect the
installation and conditions to be met and work to be
accomplished in removing and modifying the existing work and
installing any new work in the existing building. Failure to
comply with this shall not constitute grounds for any additional
payments in connection with removing or modifying any part of
the existing installations and/or installing any new work to
meet the requirements of this contract.
4. Certain information is shown on the drawings concerning the
existing installation for general information purposes, but
shall not be interpreted as representing "as built" conditions.
Where the existing conditions are found to be different from
that indicated, the contractor shall provide any materials
necessary and make all connections required for proper operation
at no additional expense to the Owner.
5. Where alterations to existing building is required, the
Contractor shall, after his work is otherwise complete, repair
adjacent finishes and do patching work as necessary to leave the
adjacent work in good shape. He shall paint, plaster, trim out,
and finish new work and as much adjacent existing work as is
necessary to leave the job clean, neat and attractive.
B. WORKING AND STORING AREAS:
1. Storing or working outside of the indicated remodelled spaces is
prohibited. Keep areas outside the remodelled spaces free from
debris incident to this contract.
C. PROTECTION OF EXISTING FACILITIES:
1. The Contractor shall take precautions to protect existing
facilities and features within the designated construction
limits and along the access to the construction site. Any
damage caused by the Contractor or his Subcontractor shall be
repaired immediately at his expense.
D. REPAIR OF DAMAGE:
1. The Contractor shall be responsible for any loss or damage
caused by him, his workmen, or his subcontractors to the work or
materials, to tools and equipment of one another, to adjacent
property and persons, and shall make good any loss, damage or
injury without cost to the Owner.
1.07 COORDINATION:
A. All contractors, and subcontractors on the project shall coordinate
their work with each other, advising on work schedules, equipment
locations, etc.
1.08 FIELD ENGINEERING:
A. LAYING OUT WORK:
1. A competent foreman or superintendent initially approved by the
Architect, shall be kept by the Contractor at the building at
all times and in continuous superintendence during the progress
of the work, to receive instructions and to act for the
Contractor in the accurate laying out and direction of all work.
01010 - 2
1.09 REGULATORY REQUIREMENTS:
A. PERMITS AND LAWS:
1. The Contractor shall comply with all Federal, State and
Municipal Laws, Codes and Ordinances applicable to the work of
this contract, and he shall also comply with all regulations of
the National Board of Fire Underwriters having jurisdiction, and
he shall obtain and pay for all permits required in connection
with the execution of his work. The Architect shall be
furnished with certified copies of these permits if requested.
2. If the above Laws, Codes or Ordinances conflict with the
Contract Documents, then the laws, codes or ordinances shall
govern instead of the documents, except in such cases where the
documents exceed them in quality of materials, or labor; then
the documents shall be followed.
1.10 PROJECT MEETINGS:
A. PRECONSTRUCTION CONFERENCE:
1. Prior to the Contractor occupying the site where the work is to
be done the Owner will hold a Preconstruction Conference at a
time and place to be established by the Owner.
B. PROJECT BRIEFINGS:
1. Each month, the Contractor shall brief the Owner and Architect
on project progress during the preceeding period. Any slippage
in schedule shall be discussed during the briefings.
2. Briefings shall be held at a time and place established by the
Owner.
1.11 SUBMITTALS:
A. CONSTRUCTION SCHEDULE:
1. Within fourteen (14) days
Contractor shall submit to th
e
1.12 TEMPORARY UTILITIES:
A. The Contractor shall make all arrangements necessary for utilities
required during construction. Fees, where required by the utility
company, will be paid by the Contractor.
B. The Contractor shall include in his proposal all costs necessary for
connecting and extending all necessary utilities. Where connections
are made to existing utility services, shut-off or turn -on shall be
by Building Maintenance only.
C. The Contractor shall provide adequate temporary lighting in the
building for all trades.
D. The Owner will furnish all power, and water required during
construction. The Contractor shall make all arrangements necessary
to connect to existing utility system. Contractor shall cooperate
with the Owner to conserve use of utilities during construction.
E. Telephone: Contractor shall be responsible for his own telephone.
The Contractor shall provide and pay for a telephone at the building
site in order to expedite his work. Local telephone service shall
be made available to all persons connected with the work.
01010 - 3
F. Toilets: The Contractor shall provide and maintain in good order
temporary chemical toilet facilities for all workmen and shall
remove same at completion of the work. Toilets shall be completely
enclosed and of neat appearance. Toilet locations shall be approved
by the Architect.
G. Temporary Heat and Ventilation: Provide temporary heat and
ventilation as required to maintain adequate environmental
conditions to facilitate progress of the Work, to meet specified
minimum conditions for the installation of materials, and to protect
materials and finishes from damage due to temperature or humidity.
1.13 FIRE PROTECTION DURING CONSTRUCTION:
A. The construction Contractor, subcontractors, and their personnel are
required to be in compliance with the fire protection and prevention
requirements of the Occupational Safety and Health Act for
Construction.
B. Fire extinguishers shall be available at all times while work is
being performed. The number and type are to be as specified in
Subpart F of OSHA. The Contractor is required to furnish his own
extinguishers.
C. Waste combustible materials shall not be allowed to accumulate at
the work site and shall be removed from the site and disposed on a
regular basis.
1.14 TEMPORARY CONTROLS:
A. DISPOSAL OF WASTE MATERIALS:
1. The Contractor shall remove all combustible and non-combustible
waste materials completely from the Owner's property and legally
dispose of same.
2. Burning of any materials will not be permitted within the
boundaries of the Owner's property.
1.15 TRAFFIC REGULATION:
A. PARKING: Parking of private cars permitted only in areas designated
by the Owner. Notify employees and subcontractors of this
requirement at beginning of work.
1.16 PROJECT IDENTIFICATION AND SIGNS:
A. SIGNS:
1. No signs or advertisements will be permitted without approval of
the Architect.
1.17 MATERIAL AND EQUIPMENT:
A. STORAGE AND PROTECTION:
1. The Contractor shall carefully consider material storage, so as
to avoid interference with other phases of construction.
2. He shall so store, pile and arrange his materials that they will
not be injured by the elements, by the progress of erection, by
contact with the ground or from any other cause. He shall
provide and do all covering necessary for this purpose and shall
remove from the premises any damaged materials when so directed
by the Architect.
01010 - 4
1.18 CONTRACT CLOSEOUT:
A. FINAL CLEANING:
1. Use experienced workmen, or professional cleaners, for final
cleaning.
2. At completion of construction and just prior to acceptance of
-" occupancy, conduct a final inspection of exposed interior and
exterior surfaces and perform final cleaning.
3. Remove grease, dust, dirt, stains, labels, fingerprints and
-- other foreign materials from interior and exterior surfaces.
4. Repair, patch and touch up marred surfaces to match adjacent
finishes.
B. RECORD DRAWINGS:
1. The Contractor shall keep a set of drawings in his office at the
site, on which he shall legibly indicate all changes in
construction, equipment, mechanical and electrical systems, and
� connections as installed or built.
2. Upon completion of the contract, the contractor shall deliver to
the Architect the completed record drawings.
End of Section 01010 - 5
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SECTION 01100 - ALTERNATES
1.01 GENERAL:
A. The Contractor shall submit with his bid, alternate proposal stating
the difference in price (additions or deductions) from the total
estimate for adding or changing the following materials or
construction from that shown on the drawings and specified.
B. The difference in prices shall include all omissions, additions, and
adjustments of all trades as may be necessary because of each
change, substitution or omission.
C. All work and materials required by alternates shall be in accordance
with applicable requirements of the specifications.
D. Failure to submit alternate amounts in spaces provided on Proposal
shall be basis for disqualification of bid.
1.02 ALTERNATES:
Alternate No. 1
If Alternate No. 1 is accepted, the Contractor shall provide
manufacturer's standard no dollar limit watertight roofing system
guarantee with flashing endorsement, including work modified bitumen
roofing system specified in Section 07510, executed by an authorized
representative of the manufacturer agreeing to repair or replace
-- work which leaks water through the roof or flashing. Guarantee
shall be for 10 years with no dollar limit.
End of Section 01100 - 1
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SECTION 01340 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
1.01 GENERAL:
A. Submit to the Architect shop drawings, product data and samples
required by specification sections.
B. Prepare and submit a list of required submittals of Shop Drawings,
Product Data and Samples. List submittal items in numerical order
of specification section numbers. Identify each submittal in list
with an item number, specification section number, name of product
and type of submittal (Shop Drawings, Product Data, Samples).
Include dates for submission and need dates for each item.
1.02 SHOP DRAWINGS:
A. Original drawings, prepared by Contractor, subcontractor, supplier
or distributor, which illustrate some portion of the work, showing
fabrication, layout, setting or erection details, prepared by a
qualified detailer.
B. Reproductions for Submittals: Reproducible transparency with one
opaque print.
1.03 PRODUCT DATA:
-- A. Manufacturer's standard schematic drawings:
1. Modify drawings to delete information which is not applicable to
Project.
2. Supplement standard information to provide additional
information applicable to Project.
B. Manufacturer's catalog sheets, brochures, diagrams, schedules,
performance charts, illustrations and other standard descriptive
data:
1. Clearly mark each copy to identify pertinent materials, products
or models.
2. Show dimensions and clearances required.
3. Show performance characteristics and capacities.
4. Show wiring diagrams and controls.
1.04 SAMPLES:
A. Physical examples to illustrate materials, equipment and
workmanship, and to establish standards by which completed work is
-- judged.
B. Field samples and mock-ups:
1. Erect at Project site at location acceptable to Architect.
2. Construct each sample or mock-up complete including work of all
trades required in finished work.
1.05 CONTRACTOR RESPONSIBILITIES:
A. Review shop drawings, product data and samples prior to submission.
Initial, sign, or stamp, certifying to review of submittal.
B. Verify:
1. Field measurements.
2. Field construction criteria.
3. Catalog numbers and similar data.
C. Coordinate each submittal with requirements of work and contract
documents.
D. Contractor's responsibility for errors and omissions in submittals
is not relieved by Architect's review of submittals.
01340 - 1
E. Contractor's responsibility for deviations in submittals from
requirements of Contract Documents is not relieved by Architect's
review of submittals, unless Architect gives written acceptance of
specific deviations.
F. Notify Architect, in writing at time of submission, of deviations in
submittals from requirements of Contract Documents.
G. Begin no work which requires submittals until return of submittals
with Architect's stamp and initials or signature indicating review.
H. After Architect's review, distribute copies.
1.06 SUBMISSION REQUIREMENTS:
A. Schedule submissions at least 21 days before date reviewed
submittals will be needed, in accordance with approved submittal
schedule.
B. Submit 1 reproducible transparency and one opaque print of shop
drawings.
C. Submit number of copies of product data which Contractor requires
for distribution, plus 2 copies which will be retained by Architect.
D. Submit number of samples specified in each of specification
sections.
E. Accompany each submittal with transmittal letter, in duplicate,
containing:
1. Date.
2. Project title and number.
3. Contractor's name and address.
4. The number of each Shop Drawing, Product Data and Sample
submitted.
5. Notification of deviations from Contract Documents.
6. Other pertinent data.
F. Submittals shall include:
1. Date and revision dates.
2. Project title.
3. Names of Architect, Contractor, subcontractor, supplier and
manufacturer.
4. Identification of product or material.
5. Relation to adjacent structure or materials.
6. Field dimensions, clearly identified as such.
7. Applicable reference standards.
8. Other pertinent data required by Specifications.
9. Identification of deviations from Contract Documents.
10. Contractor's stamp, initialed or signed, certifying to review of
submittal, verification of field measurements and compliance
with Contract Documents.
11. Space large enough to accept Architect's approval stamp (3" x 1-
1/211
).
1.07 RESUBMISSION REQUIREMENTS:
A. Shop Drawings:
1. Revise initial drawings as required and resubmit as specified
for initial submittal.
2. Indicate on drawings any changes which have been made, other
than those requested by Architect.
B. Product Data and Samples: Submit new data and samples as required
for initial submittal.
01340 - 2
1.08 DISTRIBUTION OF SUBMITTALS AFTER REVIEW:
A. Distribute copies of shop drawings and product data which carry
�- Architect's stamp as required for construction, including
Contractor's file, job site file, record documents file, other prime
contractors, subcontractors, supplier and fabricator.
f
End of Section 01340 - 3
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SECTION 01630 - SUBSTITUTION AND PRODUCT OPTIONS
1.01 PRODUCT LIST:
A. Within 14 days after date of contract, submit to the Architect 5
copies of complete list of products and materials which are proposed
for installation.
B. Prepare list on basis of each specification section.
C. For products specified under reference standards, include with
listing of each product:
1. Name and address of manufacturer.
2. Trade name.
3. Model or catalog designation.
4. Manufacturer's data, including performance and test data,
reference standards.
1.02 CONTRACTOR'S OPTIONS:
A. For products specified only by reference standards, select any
product meeting standards, by any manufacturer.
-- B. For products specified by naming several products or manufacturers,
select any product and manufacturer named.
C. For products specified by naming only one product and manufacturer,
there is no option, unless a substitution is approved as specified
below.
1.03 SUBSTITUTIONS:
A. During bidding, Architect will consider written requests from prime
Bidders for substitutions, received at least 10 days prior, to bid
date. Approval of proposed substitutions will be set forth in an
addendum or letter of approval. Requests for substitutions shall
include data listed below.
B. Within 14 days after date of contract, Architect will consider
formal requests from Contractor for substitutions of products in
place of those specified.
C. Submit 4 copies of request for substitution. Include in request:
1. Complete data substantiating compliance of proposed substitution
with contract documents.
2. For products: Project identification, including manufacturer's
name and address. Manufacturer's literature, including product
description, performance and test data and reference standards.
Samples, if applicable. Name and address of similar projects on
which product was used and date of installation.
3. For construction methods: Detailed written descriptions of
proposed method. Complete drawings illustrating methods or
revisions.
4. Itemized comparison of proposed substitution with product or
-` method specified.
5. Data relating to changes in construction schedule.
D. In making request for substitution, Prime Bidder/Contractor
represents:
1. He has personally investigated proposed substitute product and
determined that it is equal or superior in all respects to that
specified.
2. He will provide same warranty for the substitution that he would
for the product specified.
01630 - 1
3. He certifies that the cost data presentated is complete and
includes all related costs under the Contract except the
Architect's redesign costs, and waives all claims for additional
costs related to the substitution which subsequently become
apparent.
4. He will coordinate installation of accepted substitute, making
such changes as may be required for the Work to be complete in
all respects.
E. Substitutions will not be considered if:
1. They are indicated or implied on shop drawings or product data
submittals without formal request submitted in accord with
Article 1.03 of this section.
2. Acceptance will require substantial revision of contract
documents.
F. If substitution is not approved or accepted, Contractor shall
furnish specified product.
End of Section 01630 - 2
SECTION 06100 - CARPENTRY
PART 1 - GENERAL
1.01 DESCRIPTION:
A. Covers lumberyard items including wood treatment.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work
specified in this section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Alternates - Section 01100
1.04 QUALITY ASSURANCE:
A. Lumber Standard: For each use, provide lumber complying with
Product Standard PS 20 "American Softwood Lumber Standard". Nominal
sizes are indicated; provide actual sizes complying with minimum
size requirements of PS 20 for moisture content specified for each
use.
B. Plywood Standard: For each use specified under this section,
provide plywood complying with Product Standard PS 1 "Softwood
Plywood/Construction and Industrial".
C. Factory -mark each piece of lumber and plywood with type, grade, mill
r and grading agency identification; except omit marking from surfaces --
to receive transparent finish, and submit mill certificate that
material has been inspected and graded in accordance with
requirements if it cannot be marked on a concealed surface.
d-.
Certificate of inspection and grading by a recognized grading
agency, approved by American Lumber Standards Committee, may be
submitted with each shipment, in lieu of factory -marking, at
Contractor's option.
1.05 SUBMITTALS: Submit in accordance with Section 01340.
A. Wood Treatment Data, Carpentry, General: For information only,
submit chemical treatment manufacturer's instructions for proper use
of each type of treated material.
�- B. Pressure Treatment: For each type specified, include certification
by treating plant stating chemicals and process used, net amount of
salts retained and conformance with applicable standards. Treatment
required only where noted on the plans.
C. For water -borne preservatives, include statement that moisture
content of treated materials was reduced to a maximum of 15% prior
to shipment to project site.
1.06 PRODUCT HANDLING:
A. Keep carpentry materials dry during delivery, storage and handling.
Store lumber and plywood in stacks with provisions for air
circulation within stacks. Protect bottom of stacks against contact
with damp surfaces. Protect exposed materials against weather.
06100 - 1
1.07 JOB CONDITIONS:
A. Time delivery and installation of carpentry work to avoid delaying
other trades whose work is dependent on or affected by carpentry
work, and to comply with protection and storage requirements.
B. Advise Contractor of heating or cooling requirements for
installation areas, and for maintaining required ambient conditions
during and after installation.
C. Correlate 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: Where wood framing from 2" through 4" in nominal thickness
is indicated, provide lumber complying with lumber producer's
inspection agency grading rules certified as conforming to the
"National Grading Rule for Dimension Lumber" by the Board of Review
of the American Lumber Standards Committee (ALSC).
B. Dress dimension lumber S4S unless otherwise indicated.
C. Provide kiln -dried dimension lumber with 15% maximum moisture
content at time of dressing and complying with KD size requirements
of PS 20. Mark lumber "W'.
2.02 PLYWOOD:
A. Exterior:
1. Not Exposed: APA, EXT, B-C, Group 1, of thickness noted on the
drawings.
2. Exposed to View: APA, EXT, A-C, Group 1, of thickness noted.
2.03 ANCHORAGE AND FASTENING MATERIALS:
A. Select proper type, size, material and finish for each application.
Comply with the following:
1. Nails and Staples: FS FF-N-105.
2:• Wood Screws: FS FF-S-111.
3. Bolts and Studs: FS FF-B-575.
4. Nuts: FS FF-N-836.
5. Washers: FS FF-W-92.
6. Lag Screws or Lag Bolts: FS FF-B-561.
7. Masonry Anchoring Devices: For expansion shields, nails and
drive screws, comply with FS FF-S-325.
8. Toggle Bolts: FS FF-B-588.
9. Bar or Strap Anchors: ASTM A 575 carbon steel bars.
2.04 PRESERVATIVE TREATMENT:
A. Vacuum Treatment: Treatment shall be in accordance with the Vacuum
Wood Preservers Institute (VWPI) standards and shall conform to
Federal Specification TT-W-572. The treatment shall be with a water
repellent preservative containing 5% by weight of pentachlorophenol,
with a 2 lb. retention per cu. ft. using the Dri-Vac process of
controlled vacuum. Use this treatment for all wood in connection
with roofs and elsewhere wood treatment is called for on the
Drawings.
06100 - 2
B. Retreat, regardless of type of preservative or method of treatment,
all surfaces exposed by sawing, planing, boring or cutting with a
- liberal brush application or by immersing in the preservative
initially used.
PART 3 - FABRICATION AND ERECTION
3.01 ANCHORS:
A. Anchors shall be installed where specified or shown on the drawings
to anchor carpentry to existing construction.
3.02 ROUGH HARDWARE:
A. Provide and install all rough hardware and metal fastenings as shown
on drawings, specified herein, or required for proper installation
of carpentry. Nails, spikes, screws, bolts and similar items shall
be of sizes and types to rigidly secure member in place.
3.03 INSTALLATION OF PLYWOOD:
A. Comply with recommendations of the American Plywood Association
(APA), and the requirements shown on Drawings, for the installation
of plywood.
End of Section 06100 - 3
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SECTION 07411 - TRANSLUCENT FIBERGLASS ROOF PANELS AND SHEET METAL WORK
PART 1 - GENERAL
1.01 DESCRIPTION:
A. Provide translucent fiberglass roof panels and sheet metal where
shown on the Drawings. Panels shall be furnished and installed at
exterior roof skylights as shown. Contractor shall furnish all
panels, trim and accessories required to complete the work. Provide
new sheet metal as noted on the Drawings.
- Work shall include: Roof and Wall Panels
Accessories and Fasteners
Closures and Trim
B. Conduct roofing operations so that buildings are "in the dry" at the
end of each work day. Do not leave conditions that would allow
storm water to enter the buildings.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work
specified in this section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Alternates - Section 01100
Roofing - Section 07510
Sheet Metal Work - Section 07600
Sealant - Section 07900
1.04 SUBMITTALS: All submittal shall be in accordance with Section 01340.
A. Shop Drawings:
1. Submit shop drawings showing roof plans profiles, details of
joining, sheet metal trim -flashing, and accessories. Show
details of weatherproofing at edges, terminations and
penetrations of roof panel work.
2. Indicate joints, types and locations of fasteners, shapes,
sizes, special conditions, and installation details.
B. Samples: Submit two 12" x 12" samples of each roof panel and sheet
metal material. Show pattern, finish, color, and thickness.
C. Prior to application, submit a sample copy of roof guarantee.
1.05 QUALITY ASSURANCE:
A. Qualifications of Installers: Competent and skilled translucent
fiberglass roof panel and sheet metal applicators familiar with
specified products, standard details, and recommendations.
Applicator shall have at least five (5) years experience applying
these types of materials with successful completion of projects of
similar scope.
1.06 PRODUCT HANDLING, STORAGE AND DELIVERY:
A. Delivery: Delivery of material shall be made only after:
1. Suitable facilities for its storage and protection are available
— on the site.
2. Upon receipt of translucent fiberglass roof panels, sheet metal
flat sheets, flashings and panel accessories, installer shall
examine each shipment for damage and for completeness of the
consignment.
07411 - 1
B. Storage:
1. Store materials out of the weather, in a clean, dry place. One
end of each container should be slightly elevated to allow any
moisture to run off.
2. Panels and/or flashings with strippable film must not be stored
in areas exposed to sunlight.
3. Care should be taken to prevent contact with any substance which
may cause a discoloration in the finish during storage.
4. Store materials to provide ventilation and prevent bending,
abrasion, or twisting.
C. Handling:
1. Care should be taken to avoid gouging, scratching or denting.
2. Do not allow traffic on completed roof. If required, provide
cushioned walk boards.
3. Protect installed products from damage caused by foreign objects
and adjacent construction until completion of project.
1.07 PRE -INSTALLATION CONFERENCE: Meet at the project well in advance of the
time scheduled for work, and review requirements for the work and
conditions which could possibly interfere with successful performance of
the work. Require every party who is concerned with the work, or
required to coordinate with it or to protect it thereafter, to attend
the conference.
1.08 GUARANTEE: Provide Owner a written guarantee which shall guarantee
translucent fiberglass roof panel and sheet metal work to be free of
leaks and defects in materials and workmanship. Guarantee shall be
signed by the Contractor and Applicator and shall be as follows:
A. A two (2) year weathertightness guarantee is required.
PART 2 - MATERIALS
2.01 PANELS:
A. Translucent panels shall be profile no. 2.67" x 7/8", 8 oz. per
sq.ft., white, panels meeting these requirements shall be selected
from one of the following manufacturers:
1. Filon Division of BP America
2. ECI Building Components, Inc.
3. MBCI Metal Building Components, Inc.
B. Panel Closures: Shall be neoprene. Closures shall match profile of
panels and shall be set in full bed of sealant.
C. Fasteners shall be as per manufacturer's recommendations. Spacing
shall not exceed 16" o.c.
D. Provide necessary anchorage and details for Horizontal Wind Pressure
of 25 psf.
2.02 SHEET METAL:
A. Galvanized Steel: ASTM A 361, treated to hold paint, galvanized,
gauge as specified below, equal to Armco Zinc -Grip Paint -Grip sheet
metal.
2.03 FASTENERS:
A. Fasteners: As recommended by the panel manufacturer for the
existing framing over which the panels are installed.
B. Screws: Self -tapping sheet metal type, FS-FF-S-107, with neoprene
washers.
07411 - 2
C. Butyl Tape: Double sided type as recommended by manufacturer for
use on sidelaps of translucent fiberglass panels.
2.04 RELATED MATERIAL:
A. Solder: ASTM B 32, alloy grade 58, 50% tin, 50% lead.
B. Flux: Phosphoric acid type, manufacturer's standard.
C. Asphalt: Specified in Section 07510.
D. Bituminous Plastic Cement: FS SS-C-153B, Type I.
E. Asphaltic Coating Compound: FS TT-C-494, Type II.
F. Slip Sheet: Building paper, FS UU-B-790, Type I, Grade A, Style 1B.
G. Primer: Thin asphalt cutback, FS SS-A-701B, ASTM D-41.
H. Felt Underlayment: Nail on one layer of roofing felt equal to
Manville G1asBase.
J. Sealant: Specified in Section 07900.
2.05 ACCESSORIES: Provide the following accessories:
Flashing, trim, caps, fascias, and similar metal accessories shall be
not less than 24 gauge. Accessories finish shall galvanized steel. Use
profile closures. Profile closures shall be neoprene.
2.06 SHEET METAL FABRICATION:
A. General:
1. Fabricate concealed sheet metal items from 24 gage galvanized
sheet steel.
B. Cap Flashings, Edge Flashings, and Related Flashings: 24 ga. sheet
steel, formed as detailed, in minimum 10 ft. lengths.
C. Flashings, Counterflashings and Misc.: 24 ga. sheet steel, formed
as detailed, in minimum 10 ft. lengths.
D. Edge Strips: 1-1/4" continuous strips, same material thickness as
adjacent sheet metal item.
PART 3 - EXECUTION
3.01 CONNECTING WORK: The applicator shall examine surfaces on which his
work is to be applied, and shall notify the Architect in writing if not
s0 table to receive his work. Work on any surface shall constitute
acceptance of this surface by the installer.
3.02 FIELD MEASUREMENTS: Take Field measurements to verify or supplement
dimensions indicated prior to fabrication of metal panels.
3.03 PANEL INSTALLATION:
A. Workmanship shall conform to standards set forth in the
architectural sheet metal manual as published by SMACNA.
B. Panels should be installed in such a manner that horizontal lines
are true and level, and vertical lines are plumb.
C. All starter and edge flashings should be installed prior to panels.
D. Edge laps shall be continuous butyl tape to hold panels firmly in
-- place.
E. Install neoprene closures in bead of sealant.
3.04 SHEET METAL INSTALLATION:
A. General:
1. Install work watertight, without waves, warps, buckles,
f fastening stresses or distortion, allowing for expansion and
contraction.
07411 - 3
2. Fabricate and install sheet metal items in accordance with
Architectural Sheet Metal Manual, Sheet Metal and Air
Conditioning Contractors' National Assoc.
3. Provide for thermal expansion of all exposed sheet metal work
exceeding 15'-0" running length.
4. Conceal fasteners and expansion provisions wherever possible.
Fold back edges on concealed side of exposed edges, to form a
hem.
5. For non-moving seams provide soldered flat -lock seams, unless
otherwise noted.
B. Flashings, Counterflashings: Install in accordance with detail
drawings. Secure with screw fasteners with neoprene washers spaced
8" o.c. Lap ends of sheets 3" and seal watertight with sealant.
C. Miscellaneous Flashings and Details: Miscellaneous roofing details
not specifically mentioned in these specifications shall be in
strict compliance with recommended procedures outlined by the
manufacturer, subject to the Architect's approval.
3.05 CLEAN UP:
A. Leave work areas clean, free from grease, finger marks and stains.
B. Remove scrap and debris from surrounding areas and grounds.
3.06 PROTECTION: The Installer shall advise the Contractor (in writing) of
recommended protection for fiberglass panels and sheet metal during the
remainder of the construction period, so that the work will be without
damage or deterioration (except for normal weathering) at the time of
acceptance.
End of Section 07411 - 4
SECTION 07510 - BUILT-UP BITUMINOUS ROOFING AND MODIFIED BITUMEN ROOFING
PART 1 - GENERAL
1.01 DESCRIPTION:
A. Provide built-up bituminous roofing, modified bitumen roofing, rigid
roof insulation and related membrane flashings.
-- B. Conduct repair and reroofing operations so that buildings are "in
the dry" at the end of each work day. Do not leave conditions that
would allow storm water to enter the buildings.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work
specified in this section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Alternates - Section 01100
Carpentry - Section 06100
Translucent Fiberglass Roof Panels and Sheet Metal Work - Section
07411
1.04 WORK BY OTHERS:
A. Plywood in connection with the roofs will be installed by the
General Contractor as specified by Carpentry, Division 06100.
1.05 QUALITY ASSURANCE:
A. Applicator: Approved in writing by manufacturer of accepted roofing
system, with minimum of two continuous years on manufacturer's
approved list. Additionally, applicator shall show proof of at
least 5 years of experience in successfully completing work of
comparable size. Applicator must be member in good standing, for 2
years minimum, of a recognized regional or nationwide roofing
contractor's association.
B. Requirements of Regulatory Agencies:
1. Underwriters Laboratories, Inc.: Class A, fire hazard
classification.
1.06 SUBMITTALS:
A. Submit evidence of acceptance of roof applicator by roofing
manufacturer.
B. Submit written certification, prior to fabrication, delivery or
-- installation, that materials and components furnished conform with
project specification requirements, and that materials furnished are
compatible for decks indicated and to adjacent related work.
C. Submit latest edition of acceptable manufacturer's roofing and base
flashing specifications selected, including list of materials
proposed for use. Submit information sheets on bitumen, felts,
insulation, roofing cements and related materials.
D. Prior to application, submit a sample copy of roof guarantee.
E. All submittal shall begin accordance with Section 01340.
F. Do not begin roofing application until submittal is approved by
— Architect.
07510 - 1
1.07 PRODUCT HANDLING, STORAGE AND DELIVERY:
A. Deliver materials in manufacturer's original, unopened containers or
packages with labels intact and legible, including required fire
resistance classification labels.
B. Store rolled goods on end on clean raised platforms with weather
protective covering when stored outdoors. Handle roll goods with
care.
C. Provide continuous protection of materials against wetting and
moisture absorption; remove wet materials from project site.
1.08 JOB CONDITIONS:
A. Environmental Requirements:
1. Apply roofing in dry weather.
2. Do not apply roofing when ambient temperature is below 40 deg.
F.
3. Proceed with roofing work only when weather conditions are in
compliance with manufacturer's recommendations.
B. Protection:
1. Provide special protection or avoid heavy traffic on completed
work when ambient temperature is above 80 deg. F.
2. Restore to original condition or replace work or materials
damaged during handling of bitumens and roofing materials.
3. Protect surfaces adjacent to hoist and kettles prior to starting
work.
1.09 GUARANTEE:
A. Furnish, in triplicate, two-year guarantee on roofing, insulation,
flashing and associated work specified in this section, agreeing to
repair or replace work which leaks water, deteriorates excessively
or otherwise fails to perform as roofing, due to failure of
materials or workmanship. Guarantee shall be signed by the
Contractor and Roofing Subcontractor.
A. See Section 01100 for 10 year NDL warranty.
1.10 PRE -ROOFING CONFERENCE: Meet at the project well in advance of the time
scheduled for roofing work, and review requirements for the work and
conditions which could possibly interfere with successful performance of
the work. Require every party who is concerned with the work, or
required to coordinate with it or to protect it thereafter, to attend
the conference.
PART 2 - PRODUCTS
2.01 ROOFING SYSTEMS:
A. Provide a fiberglass built-up roofing system with asphalt bitumen
and aggregate surfacing as follows:
Reroofing: Manville 4GIG, 112" insulation, three G1asPly Premier
with relief vents. Use tapered insulation cricket where shown.
B. Provide a modified bitumen mineral surfaced roofing system with
asphalt bitumen as follows at roof roofing area shown on the
Drawing:
07510 - 2
Reroofing: Manville 2GID, 1/2" insulation, one G1asPly Premier base
_ sheet and DynaKap FR. Tear -off reroof area shown as "roll
roofing" on Drawings.
C. Membrane Flashings:
1. Base Flashings: Manville Flashing Spec. No. FE-1(LB), FE-1
(NLB) and FE-2.
1. Base Flashings: Modified bitumen Manville DFE-1(LB) and DFE-
_ 1(NLB).
D. Listed materials, when part of an acceptable roofing system, shall
meet requirements of material standards as specified.
E. Comply with acceptable roofing system manufacturer's recommendations
for component roofing system materials not listed in this
specification.
2.02 BITUMEN:
A. Asphalt:
1. 170 Deg. Asphalt: ASTM D312-78, Type II, as recommended by
manufacturer. Unless otherwise marked on label, heating
temperature shall be 475 deg. F., application temperature shall
be 325-400 deg. F.
2. 190 Deg. Asphalt: ASTM D312-78, Type III, as recommended by
manufacturer. Unless otherwise marked on label, heating
temperature shall be 500 deg. F., application temperature shall
be 350-475 deg. F.
3. 220 Deg. Asphalt: ASTM D312-78, Type IV, as recommended by
manufacturer. Unless otherwise marked on label, heating
temperature shall be 500 deg. F., application temperature shall
be 375-475 deg. F.
B. Primer: Cut -back asphalt for brush -on primer application of porous
surfaces, equal to Manville Concrete Primer, ASTM D41-78 and SS-C-
153-Dec 74 Type I.
C. Roofing Cement: Select from the following unless otherwise
recommended by the roofing manufacturer:
1. Low Slope/Gravel Edge Perimeter: Plastic cement, medium
troweling, cut -back asphalt mastic, reinforced, equal to
Manville Industrial Roof Cement, ASTM D2822-75 Type II.
2. Flashings and Vertical Surfaces: Flashing cement, medium to
heavy troweling, cut -back asphalt based flashing cement,
reinforced, equal to Manville Bestile Flashing Cement, ASTM
D2822-75 Type II, and SS-C-153-Dec 74 Type I Class A & B.
2.03 FELTS:
A. G1asPly Premier: Asphalt Impregnated Fiber Glass Felt, 12
lbs./square minimum, ASTM D2178-84, Type IV, except breaking
strength shall exceed ASTM Type IV requirements by 30% minimum.
B. DynaKap FR Roofing: DynaKap fiberglass and polyester reinforced
modified bitumen membrane sheet, ceramic granule top surface, 100
lbs./square, minimum. ARMA tensil strength: 180 lbs./in.
C. Reinforced Base Flashing: DynaFlex elastomeric flashing system,
including primer and MBR flashing cement, DynaFlex fiber glass and
polyester reinforced modified bitumen membrane sheet, and white
ceramic granules.
07510 - 3
2.04 ROOF INSULATION:
A. Retro-Fit Insulation: Retro-Fit Board by Manville , 1/2" thick, C
value: 0.72.
2.05 TAPERED INSULATION CRICKETS:
A. General: Provide positive drainage crickets using tapered
insulation equal to Manville Fesco Tapered Roof Insulation.
B. Field Tapered: Stepped layers of standard Fesco Board, terraced and
ground down in field to provide uniform slope to drains.
C. Factory Tapered: 24" x 48" units of Fesco Board factory cut to
1/4" per foot slope used in conjunction with standard Fesco Board to
provide positive slope to drains.
D. Standard Board: Expanded perlite board, 24" x 48", 1" nominal
thickness, 0.36 "C" factor.
E. Overlay Board:
1. Field Tapered Application: Standard board, 3/4" thick, 0.48 "C"
factor.
2. Factory Tapered Application: Standard board, 1" thick, 0.36 "C"
factor.
F. Tapered Edging Strip: 1-5/8" thick tapering to feather edge, 12"
wide x 48" long.
2.06 RELATED MATERIALS:
A. Cants: 4" cover, asphalt impregnated preformed fiberboard, equal to
Tex -Mastic No. 330, 1-1/2" thickness x 5-5/8" face.
B. Aggregate: ASTM D1863-77, clean, thoroughly dry, well washed
roofing gravel, size 1/4" to 5/8".
C. Nails and Mechanical Fasteners: As recommended by roofing
manufacturer.
D. Relief Vents: FP-10 One -Way Roof Vent by Manville.
E. Tapered Edge Strips: 1-5/8" x 18", equal to Tex -Mastic #340.
PART 3 - EXECUTION
3.01 GENERAL: Install all roofing materials in accordance with roofing
material manufacturer's requirements, but not less than the requirements
that follow. If a requirement of these specifications is in conflict
with that of the roofing material manufacturer and would void the
warranty, then the roofing manufacturer's application requirements shall
govern ( at no additional cost to the Owner). Contractor shall notify
the Architect in writing of any such conflicts.
3.02 INSPECTION OF SURFACES: Verify that work of other trades which
penetrates roof deck has been completed. Examine surfaces for defects,
rough spots, ridges, depressions, foreign material, moisture, and
unevenness; report discrepancies. Do not proceed with application of
built-up roofing system until defects are corrected.
3.03 PREPARATION:
A. Do not apply roofing membrane until applicator has ascertained that
roof deck is sufficiently dry. Broom clean roof decks immediately
prior to roofing application. Allow to dry.
B. All openings in the deck or projections through the deck shall be
completed before starting the application of the roof system.
07510 - 4
3.04 REROOFING OVER EXISTING BUILT-UP ROOFING:
A. At all areas designated on the drawings as reroofing furnish the
necessary labor and materials to complete the following:
B. Remove all gravel, ridges, blisters, and loose felts. Power broom
the surface of the membrane to remove dust and dirt.
C. Make random cuts or breaks in old membrane to permit escape of
moisture. Spacing of cuts shall be approximately 36" o.c. each way.
D. Replace wet insulation, if any, with dry insulation.
E. Install roof insulation over existing roofing.
F. Inspect all roof drainage systems and remove debris and
obstructions. Leave drains, conductors, gutters and downspouts in
working order.
G. Install cant strips at all existing base flashings that do not have
cant strips.
H. Install insulation and mop on new roofing felts equal to Manville
Roofing Specification No. 4GIG.
3.05 TEAR -OFF ROOF AND REROOF:
A. Where shown on the drawing tear -off existing roof membrane and
insulation, if any, down to existing roof deck. Install new
insulation and new roof system as specified.
_ 3.06 APPLICATION:
A. Roof Insulation:
1. At roof tear -off secure insulation to metal deck using
mechanical fasteners.
2. At reroofing secure insulation to deck with mechanical fasteners
if possible, otherwise strip mop on with hot asphalt bitumen.
3. Install no more insulation at one time than can be roofed on
same day.
4. Install with long joints continuous, stagger end joints.
5. Install temporary water cut-offs at completion of each day's
work and remove upon resumption of work.
B. Tapered Insulation Cricket Installation:
1. General: Installation shall be hot asphalt in accordance with
Factory Tapered Fesco or Fesco Dri-Deck installation
requirements.
2. Schedule work so that drain area is insulated and the completed
roofing membrane installed in one day.
C. Built-up Roofing:
1. Install in accordance with accepted roofing manufacturer's
specification, and as specified below.
-- 2. Phased construction of roofing membrane is strictly prohibited.
3. Maximum Bitumen Temperature in Kettle: Roofing asphalt shall
not be heated to the minimum flash point, or be held beyond the
_ minimum finished blowing temperature for more than 4 hours. If
the EVT is not on the label or available, the following
temperatures shall be used: Asphalt: Type II - 475 deg. F.,
Type III - 500 deg. F., Type IV - 500 deg. F.
4. Minimum Bitumen Temperature at Time and Point of Application:
Within 25 deg. F. of the EVT temperature and as recommended by
roofing manufacturer. Do not reheat bitumen.
5. Provide thermostatic controls and visible thermometer on kettle
and maintain in working order and keep calibrated.
07510 - 5
6. Minimum rate of application for asphalt shall be 23 lbs. per 100
sq. ft. between layers and 60 lbs. per 100 sq. ft. for top coat.
Use asphalt type recommended by roofing manufacturer.
7. At nailable decks, nail base sheet with fasteners in accordance
with manufacturer's directions.
8. At non-nailable deck, mop base sheet in accordance with
manufacturer's recommendations.
9. Solid mop heated bitumen under and between felts and provide
complete uniform coating. Felt shall not touch felt.
10. Lay felts parallel to long dimension of roof, unless otherwise
recommended.
11. Broom felts into heated bitumen providing tight, smooth
laminations without wrinkles, buckles, kinks, or fishmouths.
12. Complete application of roofing system without pockets or
blisters.
13. Complete installation of built-up roofing system up to line of
termination of day's work. Install temporary water cut-offs of
plastic cement and base sheet strips at end of each day's work.
Remove upon resumption of work.
14. Final Surfacing: Over entire surface, pour a uniform flood coat
of asphalt at specified rate into which, while hot, embed 400
lbs. of dry dust free aggregate per 100 sq. ft.
D. Modified Bitumen Roofing:
1. Install in accordance with accepted roofing manufacturer's
specification, and as specified below.
2. Phased construction of roofing membrane is strictly prohibited.
3. Maximum Bitumen Temperature in Kettle: Roofing asphalt shall
not be heated to the minimum flash point, or be held beyond the
minimum finished blowing temperature for more than 4 hours. If
the EVT is not on the label or available, the following
temperatures shall be used: Asphalt: Type II - 475 deg. F.,
Type III - 500 deg. F., Type IV - 500 deg. F.
4. Minimum Bitumen Temperature at Time and Point of Application:
Within 25 deg. F. of the EVT temperature and as recommended by
roofing manufacturer. Do not reheat bitumen.
5. Provide thermostatic controls and visible thermometer on kettle
and maintain in working order and keep calibrated.
6. Minimum rate of application for asphalt shall be 23 lbs. per 100
sq. ft. between layers and 60 lbs. per 100 sq. ft. for top coat.
Use asphalt type recommended by roofing manufacturer.
7. At nailable decks, nail base sheet with fasteners in accordance
with manufacturer's directions.
8. At non-nailable deck, mop base sheet in accordance with
manufacturer's recommendations.
9. Solid mop heated bitumen under and between felts and provide
complete uniform coating. Felt shall not touch felt.
10. Lay felts parallel to long dimension of roof, unless otherwise
recommended.
11. Broom felts into heated bitumen providing tight, smooth
laminations without wrinkles, buckles, kinks, or fishmouths.
12. Complete application of roofing system without pockets or
blisters.
13. Complete installation of modified bitumen roofing system up to
line of termination of day's work. Install temporary water cut-
offs of plastic cement and base sheet strips at end of each
day's work. Remove upon resumption of work.
07510 - 6
E. Cants: Install cant strips in accordance with manufacturer's
printed instructions.
F. Metal Counter Flashing: Install metal counter -flashing according to
the manufacturer's specifications, overlapping the base flashing by
at least 4".
�- G. Reinforced Base Flashing DFE-1-LB (DFE-I-NLB Similar):
1. Extend roofing felts at least 2" to 4" above the top of the
cant. Leave dry to provide slippage plane behind the base
flashing. All base flashing materials should extend not less
than 8" high on the vertical surface and not less than 4" on the
roof.
2. Starting just below the point where the base flashing will
terminate, mop the wall with hot Type IV asphalt and press the
DynaKap into place, lapping the vertical joints 4".
Mechanically fasten the base flashing on 4" centers along the
— top edge. Fasteners are to be driven through tin caps unless
they have an integral flat cap no less than 1" across.
H. Vent Flashings: Carefully flash, using plastic cement and fiberglas
felt in such a manner as to prevent leaks. Provide lead flashings
as required.
J. Relief Vents at Ventsulation Base: Install one roof relief vent for
each 7 squares of roof area, minimum of 2 vents per roof area.
Install in accordance with Spec. No. FE-10.
3.07 ROOF REPAIRS:
A. General: Perform the following work where shown or noted on the
Drawings. Contractor is cautioned that some repair work requires
inspection and approvals by Architect at specific stages during the
process of repair. Failure to obtain approval will cause the work
to be rejected.
B. Patch And Coat Existing Base Flashing: Spot repair blistered,
loosely adhered, damaged, and deteriorated areas. Remove blistered,
-- loosely adhered and loose material. Set one layer of base flashing
sheet in plastic cement at areas requiring repair. After all
repairs are completed, and approved by Architect, apply trowel coat
of flashing cement over entire base flashing system.
C. Replace Base Flashing: Spud -off gravel 4" to 6" approximately from
toe of cant. Remove blistered, loosely adhered or loose materials
down to sound substrate. On substrate, set in plastic cement one
layer of roofing felt followed by one layer of base flashing sheet.
After approval by Architect, coat entire base flashing system with
flashing cement.
D. Patch And Coat Existing Wall Covering: Spot repair blistered,
loosely adhered, damaged, and deteriorated areas. Remove blistered,
loosely adhered and loose material. Set one layer of roofing felt
in plastic cement at areas requiring repair. After all repairs are
completed, and approved by Architect, apply trowel coat of flashing
cement over entire wall and base flashing system.
E. Roof Drainage Systems: Inspect all drainage systems and remove
debris and obstructions. Leave drains, conductors, gutters and
downspouts in working order.
3.08 FIELD TESTS:
A. Deck Dryness Test: Test for dryness before applying roofing.
Should rain occur during application, retest for dryness before
continuing application.
07510 - 7
1. Foaming: Heat 1 pt. of specified bitumen to 350 deg. F. - 400
deg. F.; pour on surface to receive roofing felts. If bitumen
foams, deck or surface is not dry enough to roof.
2. Stripability: Cool bitumen poured on deck to ambient temperature
and strip from surface. If any portion strips clean from deck
or insulation, surface is not dry enough to roof.
B. Nail Retention Tests: Test withdrawal resistance of a minimum of 5
base ply fasteners per square of roof area. Fasteners shall provide
minimum of 40 psf. withdrawal resistance. Report discrepancies to
Architect.
3.09 CLEANING: Remove bitumens from surfaces other than those requiring
bituminous roof coatings.
3.10 TEST CUTS:
A. The Owner (or the Owner through his Inspection Service) will
determine during the course of the roofing work whether to proceed
with a sample cutting and testing program, based upon his judgment
as to whether material quantities and workmanship used in the work
actually comply with the requirements.
B. The Owner will engage a test laboratory for the testing of roofing
samples removed by the Installer.
C. Cut and remove samples in compliance with ASTM D2829-81.
D. Repair cutouts immediately after removal of samples. Strip
aggregate surface back and place the same number of plies of felt
and mopping required by the specification, applied over the cut with
the first sheet overlapping the cutout area by at least 6" on all
sides, with each succeeding sheet overlapping the previous sheet by
at least 3" on all sides. Replace surfacing or coating to match
surrounding roofing.
E. Deficiencies: Where test laboratory reports indicate a shortage in
the required weights or count of plies, discontinuity of moppings,
or other deficiencies in the work, review test reports, and prepare
a recommendation for additional or remedial work to compensate for
deficiencies.
F. When directed by the Architect (or by the Owner's Inspection
Service), proceed with additional or remedial work as required to
compensate for deficiencies.
3.11 PROTECTION: The Installer shall advise the Contractor (in writing) of
recommended protection for roofing during the remainder of the
construction period, so that the work will be without damage or
deterioration (except for normal weathering) at the time of acceptance.
End of Section 07510 - 8
SECTION 07900 - CAULKING AND SEALANTS
PART 1 - GENERAL
1.01 DESCRIPTION:
A. Provide exterior sealants required to close joints which would allow
moisture or air to enter between fixed materials and as otherwise
indicated on the drawings for exterior sealing. Caulk exterior
joints and interior side of exterior joints with sealant rather than
caulking compound.
B. All joints (interior and exterior) between dissimilar materials
-- shall be caulked with sealant.
C. Provide caulking in conjunction with interior painting operations
and as otherwise indicated on drawings for interior caulking.
"r 1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work
specified in this section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Painting - Section 09900
1.04 SUBMITTALS:
A. Manufacturer's Literature: Submit manufacturer's name and product
proposed for use, and manufacturer's color charts for Architect's
selections and approval. Submittal shall be in accordance with
Section 01340.
B. Samples and Test Reports: For materials other than those
-- specified, furnish a unit sample of each material proposed
(include primer), accompanied by certified independent laboratory
test reports showing that materials to be furnished have been
tested and meet requirements of applicable contract documents and
manufacturer's certification that no major formula change has
taken place since date of test. Sample containers shall be
labeled as to supplier, name of material, specification numbers,
colors. Include letters or published recommendations by
manufacturer to support selection and compatibility of various
related materials with respect to type of joints for which each
-- material is intended.
1.05 QUALITY ASSURANCE:
A. Acceptable Manufacturers:
1. Sonneborn Division of Contech
2. Pecora Chemical Corp.
3. Tremco Mfg. Co.
1.06 DELIVERY AND STORAGE: Deliver materials in unopened containers as
packaged by manufacturer. Store in a manner to protect materials from
weather.
1.07 GUARANTEE: Provide Owner a written guarantee which shall guarantee
sealant operations to be free of leaks and defects in material and
~` workmanship for a period of two years from date of acceptance.
07900 - 1
PART 2 - PRODUCTS
2.01 MATERIALS:
A. Sealant: (All Exterior Joints and Interior Joints Subject to
Movement and between dissimilar materials).
1. Qualities: One or two-part non -sag polysulfide base synthetic
rubber sealant. Manufacturer's standard color as selected by
Architect.
2. Standards: FS TT-S-0227E, Type II, Non -sag Class B; FS TT-S-
00230C, Type II.
B. Caulking Compound: One part acrylic latex caulk for general purpose
interior caulking capable of being painted with latex or oil base
paints.
C. Joint Backing: Closed cell polyethylene joint backing material as
recommended by sealant manufacturer. Select a size that will cause
about 30% compression in joint.
D. Bond -Preventive Materials: Polyethylene tape, pressure -sensitive
adhesive or masking tape, FS UU-T-106.
E. Primer: As recommended by sealant manufacturer for each type of
working surface.
2.02 MIXING: Mix two -component sealants in accordance with directions
printed on container labels.
PART 3 - EXECUTION
3.01 SURFACE PREPARATION:
A. Concrete and masonry surfaces shall be smooth, dry, sound. Brush
and wipe surfaces dust free. Remove oil, grease, release agents,
coatings or other contaminants from surfaces.
B. Remove loose mill scale from steel surfaces. Remove dirt, oil or
grease by solvent cleaning and wipe surfaces.
C. Report unsatisfactory surfaces to Architect.
D. Prime and prepare surfaces in strict accordance with sealant
manufacturer's written recommendations.
3.02 JOINT SIZES AND BACKING:
A. Sealant: Minimum and maximum joint sizes shall be as recommended by
sealant manufacturer and as shown on drawings. Use joint backing
material to control depth of joints. In joints 1/2" and wider,
depth equal to 1/2 width with minimum depth of 1/4".
B. Caulking: Depth equal to 3 times joint width.
3.03 APPLICATION:
A. Joint Backer: Install joint backer to achieve required depth of
joints. Where not used, install a bond -preventive material in
joint.
B. Sealant: Apply sealant to joints prior to water repellent or clear
coating operations. Apply sealant within 8 hours after primer has
dried. Gun -apply sealant, completely filling joint. Tool joints
smooth and wrinkle free.
3.04 CLEANING: Remove excess sealant and caulking materials and smears from
adjacent surfaces as work progresses. Solvent recommended by
manufacturer may be used to remove sealant. Remove debris from site.
End of Section 07900 - 2
SECTION 09200 - PORTLAND CEMENT PLASTER (STUCCO)
PART 1 - GENERAL
` 1.01 DESCRIPTION: Perform all work required to complete the plaster repair
work indicated by the Contract Documents. Furnish all supplementary
items necessary for the proper installation.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work
specified in this section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Painting - Section 09900
1.04 DESCRIPTION OF WORK: The extent of the portland cement plaster work is
shown on the Drawings. The Types of portland cement plaster work
required under this section include the following:
Patching of Existing Plaster Walls and Ceilings
1.05 QUALITY ASSURANCE:
A. Codes and Standards: Comply with applicable requirements of
governing codes and authorities, and unless otherwise shown or
specified, comply with the applicable requirements of ASTM C1063 for
installation of lathing and furring, ASTM C926 for portland cement -
based plaster and C897 for aggregates for portland cement plaster.
B. Allowable Tolerances: For flat surfaces, do not exceed 1/4" in 8'0"
for bow warp of surface, or for plumb or level.
1.06 SUBMITTALS:
A. Product Data: Submit copies of manufacturer's product data sheets
and printed installation instructions for each product proposed for
use, in accordance with Section 01340.
B. Samples: Submit samples of framing members, lath, and accessory
items.
C. Certificates: Furnish manufacturer's certification that materials
_ meet or exceed specification requirements.
D. Mix Design: Submit mix designs for information only.
1.07 PRODUCT HANDLING:
-- A. Delivery and Storage of Materials: Except for sand and water,
deliver materials to the site in sealed containers or bags fully
identified with manufacturer's name, brand, type and grade. Store
materials in a dry, well -ventilated space, under cover, off the
ground, and away from surfaces subject to dampness or condensation.
1.08 JOB CONDITIONS:
A. Protect contiguous work from moisture deterioration and soiling,
which might result from plastering operations.
B. Cold Weather Requirements: Provide heat and protection as required
-- to protect each coat of plaster from freezing for a period of not
less than 24 hours after application. Distribute heat uniformly to
prevent concentration of heat on plaster near heat sources; provide
09200 - 1
deflection or protective screens. Do not apply exterior plaster
when ambient temperature is less than 32 deg. F., and when 40 deg.
F. or 1 ess and fal 1 i ng.
C. Warm Weather Requirements: Protect plaster against uneven and
excessive evaporation and from strong flows of dry air, both natural
or artificial. Apply and cure plaster as required by climatic and
job conditions to prevent rapid dryouts. Provide suitable
coverings, moist curing, barriers to deflect sunlight and wind, or
combinations of these, as required.
PART 2 - PRODUCTS
2.01 BASECOAT MATERIALS:
A. Portland Cement: ASTM C150, Type I or Type IA.
B. Lime: ASTM C206, designated as Type S-special finishing hydrate.
C. Aggregate: Natural or manufactured sand, complying with ASTM C144,
except graded within the following limits (expressed as the minimum
and maximum percentage retained by weight on U.S. Standard Sieves),
plus or minus 2%; No. 4 Sieve - 0%, No. 8 Sieve - 0 to 16%, No. 16
Sieve - 10 to 40%, No. 30 Sieve - 30 to 65%, No. 50 Sieve - 95 to
100%.
2.02 FINISH COAT MATERIALS:
A. Provide factory -prepared product, recommended by the manufacturer
for the application indicated, containing all materials required for
finish coat, except water, equal to United States Gypsum Co.
Oriental Exterior Stucco.
B. Color: As selected by the Architect from manufacturer's standards.
C. Texture: Shall match existing adjacent plaster finish.
2.03 ADMIXTURE: Cabotseal M-5 as manufactured by the Cabot Corp., 125 High
Street, Boston 10, Mass. and distributed by Chem Central/Odessa, Odessa,
Texas, telephone 915/367-6087.
2.04 PLASTER MIXES:
A. General:
1. Accurately measure ingredients, including water, using measuring
devices of known volume. Do not use shovel or water buckets as
measuring devices. Proportion successive batches alike.
2. Mix materials for a minimum of two (2) minutes or until all
ingredients present a uniform color in the mixer. Use the
minimum amount of water required to produce plaster of workable
consistency. Use only clean water, free from impurities which
might impair the plaster work.
3. Use mechanical mixing equipment, except small applications
requiring less than one bag of plastering materials may be hand
mixed.
B. Basecoat Mixes (Normal):
1. Sand: Not less than 2-1/2 parts, nor
per art (total volume) of cementitious
2. Use not less than three (3) parts, nor
sand for second (brown) basecoats.
3. Proportion cementitious materials a
option if more than one):
Mix C: One part portland
Mix L: One part portland
more than four (4) parts
materials.
more than five (5) parts
s follows (at Contractor's
cement and zero to 3/4 part lime.
cement and 3/4 to 1-1/2 parts lime.
�
C. Finish Coat Mixes:
1.
Mix factory -prepared finish with water in accordance with
manufacturer's instructions. Do not add cementious materials or
aggregate unless specifically required by manufacturer's
instructions.
PART 3 - EXECUTION
3.01 PLASTER
APPLICATION:
A. General:
1.
Comply with Manufacturer's printed instructions and
^
recommendations.
2.
Do not use materials which are frozen, caked, or lumpy, or which
contain frost or ice, or are contaminated with foreign
�-
materials, and do not apply plaster to substrates or bases which
are frozen or which contain frost or ice. Use only clean water,
and do not use water excessively.
_ 3.
Apply plaster to an entire area with interruptions occurring
only at junctions of plaster planes or at openings or expansion
and control joints.
4.
Place mixed plaster within a maximum of 2-1/2 hours after
mixing, except during hot, dry weather, reduce maximum placing
time as required to prevent premature stiffening of plaster. Do
not retemper stiffened plaster with additional water.
— 5.
Measure thickness of plaster from back plane of metal
reinforcement (exclusive of ribs or dimples), except if metal
reinforcement is applied over solid base, measure from face of
base.
6.
Apply first basecoat with sufficient material and pressure to
form full keys through metal reinforcing and to embed
reinforcing. After first coat is firm, scratch (score) in one
direction only, to provide mechanical bond for second coat. On
vertical surfaces, scratch in horizontal direction.
7.
Apply second basecoat with sufficient material and pressure to
ensure tight contact with first basecoat. Bring surface to a
true, even plane by rodding, and float to a uniformly rough
surface. Fill defects and scratches with plaster.
3.02 FINISH COAT INSTALLATION: Apply finish coat of USG Oriental exterior
stucco of a color selected by the Architect to 1/8" nominal thickness.
Stucco finish coat shall be applied in strict conformance with the
-- recommendations of the manufacturer. Apply the number of coats and of
consistency required to achieve required texture. As soon as initial
set has taken place, damp cure with fog water spray for not less than 24
hours.
3.03 ADMIXTURE: Provide Cabotseal M-5 additive in the proportion of 3/4
pounds per sack of Portland cement for all stucco work. Additive shall
be added directly to the mixer with the other ingredients in the
following order:
1. Sand
2. Cabotseal M-5
3. Portland Cement
4. Sand
09200 - 3
3.04 MOISTURE RETENTION; CURING:
A. Dampen previous plaster coats which have dried out prior to time for
applications of next coat. Dampen with water as required for
uniform suction.
B. The Contractor is responsible for determining the most effective
procedure for curing and time lapse between application of coats
based on climatic and job conditions. Plaster which is cracked or
crazed due to improper timing and curing will not be accepted.
Remove and replace defective plaster including plaster base
materials, if damaged during removal of defective plaster.
3.05 CUTTING AND PATCHING: Cut, patch, repair, and point -up plaster as
required and as necessary to accommodate other work. Repair cracks and
indented surfaces by moistening plaster and filling with new plaster,
troweled or tamped flush with adjoining surfaces. Point -up finish
plaster surfaces around items which are built into or penetrate plaster
surfaces.
3.06 CLEANING AND PROTECTION:
A. Provide temporary covering and whatever other provisions are needed
to minimize splattering of plaster on other work. Promptly remove
plaster from door frames, windows and other surfaces which have been
stained, marred or otherwise damaged during the plastering work.
When plastering work is completed, remove unused materials,
containers, equipment and plaster debris.
B. Installer shall advise Contractor of requirements for protection of
plaster from deterioration and damage during remainder of
construction period.
End of Section 09200 - 4
SECTION 09900 - PAINTING AND FINISHING
PART 1 - GENERAL
1.01 DESCRIPTION:
A. Provide complete painting and finishing of existing painted surfaces
where shown on the Drawings, including mechanical and electrical
equipment, unless otherwise noted not to be painted.
1.02 RELATED DOCUMENTS: Applicable requirements of the General Conditions,
Supplementary Conditions and General Requirements apply to the work
specified in this section.
1.03 RELATED WORK SPECIFIED ELSEWHERE:
Caulking and Sealing - Section 07900
Plaster - Section 09200
1.04 QUALITY ASSURANCE:
— A. Product Labels: Include manufacturer's name, type of paint, stock
number, color and label analysis on label of containers.
B. Field Quality Control: Apply each type of finish required on a
representative area or room for approval of color, texture, quality
and workmanship. After approval, these applications shall serve as
standard of quality for entire project.
1.05 SAMPLES AND COLORS:
A. Colors, including deep tones, will be selected by Architect. Number
of colors to be used on job will be determined by Architect.
B. Prepare two 12" x 12" samples of each color and sheen selected, on
properly prepared paint -out cards or hardboard. Approved samples
shall remain at project site.
C. Prepare stained wood samples on type and quality of wood specified
for use on project.
D. Submit 12" x 12" samples of drywall textures.
E. Submit paint schedule in accordance with submittal requirements of
Section 01340. List each surface and its proposed paint products
and systems.
~' 1.06 SUBSTITUTIONS:
A. Comply with provisions of Section 01630.
B. Submit substitute paint schedule listing each surface and its
— proposed products.
C. Submit complete supporting data, specifications, and identifying
numbers of each proposed product.
D. Do not order or deliver materials until Architect's approval is
obtained.
1.07 DELIVERY AND STORAGE:
-- A. Deliver materials in original containers with seals unbroken and
labels intact.
B. Store materials and equipment in a single lockable area of project
_. site. Provide adequate means to protect floors and adjacent
surfaces of this area from damage.
C. Store clean rags, paint, and solvents in closed metal containers
located in designated area. Dispose of soiled rags daily.
D. Comply with applicable health and fire regulations.
09900 - 1
1.08 SCAFFOLDS AND PROTECTION:
A. Provide adequate safe ladders, scaffolds, and stages necessary to
complete work.
B. Protect completed finish and painted work, and protect adjacent
finish surfaces from paint splatter, spills and stains. Use
adequate drop cloths and masking procedures during progress of work.
1.09 EXTRA PAINT: Upon completion of the work, deliver to the Owner one (1)
gallon of each color of latex paint used, and two (2) quarts of each
enamel color used.
1.10 GUARANTEE: This Contractor shall guarantee all work performed under
this contract for a period of one (1) year from date of acceptance.
Cracking, peeling and scaling of paint shall be judged as defective
work.
PART 2 - PRODUCTS
2.01 MATERIALS:
A. Products specified in Schedule of Painting are as manufactured by
Pratt and Lambert, unless otherwise indicated; equivalent products
of Pittsburgh Paints, DuPont, Sherwin-Williams, Glidden, DeVoe, Cook
and Kelly -Moore may be furnished in lieu of those listed, provided
that they are of equal type and quality.
B. Materials selected for coating systems shall be products of a single
manufacturer unless otherwise specified.
C. Secondary products such as linseed oil, turpentine and shellacs
shall be first line quality products of a reputable manufacturer.
D. Lead Free Paint: All paint specified for use under this section
shall be lead free and mercury free and shall be in full compliance
with Federal Hazardous Substances Act.
2.02 MIXING AND TINTING:
A. Accomplish job site tinting and mixing only when approved by
Architect. Use tinting colors recommended by paint manufacturer for
specific type of finish.
B. Thin paints only when specifically allowed by manufacturer: do not
exceed thinning directions.
PART 3 - EXECUTION
3.01 INSPECTION:
A. Examine surfaces scheduled to receive paint and finish for
conditions that will adversely affect execution, permanence, or
quality of finish work, and which cannot be put into an acceptable
condition through normal preparatory work.
B. Notify Architect in writing of such unacceptable conditions.
C. Do not proceed with surface preparation or coating applications
until conditions are suitable.
D. Application of paint or finish to surfaces shall constitute
acceptance of that surface.
09900 - 2
3.02 GENERAL APPLICATION REQUIREMENTS:
_ A. The intent of these specifications is to produce highest quality
appearance of paint and finish surfaces. Employ skilled mechanics
only.
B. Do not apply exterior paint while surface is damp, or during cold,
rainy, or frosty weather, or when temperature is below 50 deg. F.
Avoid painting surfaces exposed to hot sun.
C. Floors and adjacent surfaces, as well as surfaces to be painted,
shall be clean before painting.
D. Finish tops, bottoms, and edges of doors same as balance of doors
after they are fitted. Seal top, bottom, opening and hardware
recesses immediately after hanging doors.
E. Clean all existing surfaces free of foreign matter before applying
paint or finishes.
F. Maintain ambient temperature in building of not less than 60 deg. F.
for 24 hours prior to and minimum of 24 hours after interior
painting.
G. Do not paint masonry surfaces with a moisture content exceeding 12%.
H. Provide a minimum of 20 foot candles illumination for surfaces to be
painted or finished.
J. Apply materials with adequate ventilation; maintain ventilation in
occupied rooms.
3.03 MECHANICAL AND ELECTRICAL PAINTING REQUIREMENTS:
A. Paint metal surfaces, including pipes, conduit, machinery, equipment
panels and boxes where exposed in finished spaces, mechanical rooms
or on exterior. Paint equipment Machinery Gray unless otherwise
noted. Paint pipes and conduits to match color of adjacent surfaces
unless otherwise directed by Architect.
_ B. Paint exposed conduit supports, clamps, hangers, and exposed conduit
and boxes in accordance with painting schedule.
C. Paint panelboards and other cabinets in accordance with painting
-� schedule to match color of adjacent surfaces, when located in
finished spaces other than closets or mechanical/electrical rooms.
D. Do not paint nameplates on equipment or labels on doors and frames.
3.04 PREPARATION OF SURFACES:
A. Fill nail holes, cracks, open joints, and other defects with putty
after first coat. Color to match finish.
B. Sand woodwork smooth and clean surface before finishing.
C. Sand enamel between coats using a fine sandpaper to produce an even,
smooth finish. Thoroughly clean surfaces.
— D. Wash metal surfaces with mineral spirits to remove dirt, oil, or
grease before applying primer. Remove rust or scale by wire
brushing or sanding clean before painting. Clean marred shop coats
and touch-up with primer.
E. Fill scratches, cracks, and abrasions in plaster with a spackling
compound flush with adjoining surface.
F. Fill and sand metal door frames as required to provide a smooth
surface before finishing.
G. Do not paint over dirt, rust, scale, grease, moisture, scuffed
surfaces, soot from internal combustion engines, or conditions
otherwise detrimental to the formation of a durable paint film.
H. Clean all surfaces to be painted before applying paint or surface
treatments.
09900 - 3
3.05 APPLICATION:
A. Final coat of paint shall have visual evidence of solid hiding and
uniform appearance, and shall be smooth, free of brush marks,
streaks, sags, runs, laps, or skipped areas.
B. Apply paint, stain, and varnish with suitable brushes, or rollers,
as recommended by manufacturer. Spray application will be allowed
only upon written approval of the Architect.
C. Allow previous coats to thoroughly dry before applying succeeding
coats.
D. Edges of paint adjoining other materials or colors shall be sharp
and clean with no overlapping.
E. Slightly vary color of successive coats.
F. Sand and dust between each coat as required to remove visual
defects.
G. Each coat of paint applied shall be inspected by Architect before
application of succeeding specified coats. Only inspected coats of
paint will be considered in determining number of coats. Provide
Architect a report of each coat applied when completed for
inspection to comply with above. Architect reserves right to make
revisions within color range of paint prior to final coat, at no
additional cost.
H. Apply each coat of paint uniformly to minimum wet film (MWF)
thickness specified in Schedule, or as recommended by manufacturer.
Additional coats shall be applied if required to produce full
coverage.
3.06 CLEANING AND PATCHING:
A. Upon completion of work, remove paint spots from floor, glass, and
other finished surfaces. Remove from premises, daily, rubbish and
accumulated materials. Leave work in clean, orderly, and acceptable
conditions.
B. Spot painting will be allowed to correct soiled or damaged paint
surfaces only when touch-up spot will blend into surrounding finish
and is invisible to normal viewing. Otherwise, re -coat entire
section to corners or visible stopping point.
3.07 SCHEDULE OF PAINTING - REMODEL WORK (where noted on Drawings):
EXTERIOR METAL - ENAMEL FINISH - REMODEL WORK
First: Remove loose paint, scale and dust. Prime where metal is
exposed with Pratt & Lambert 1-day primer.
Second: Pratt & Lambert Effecto Enamel (MWF 2.7 mils)
Third: Pratt & Lambert Effecto Enamel (MWF 2.7 mils)
INTERIOR METAL - SEMI -GLOSS FINISH - REMODEL WORK
First: Remove grease, rust, scale and dust. Touch-up any chipped
or abraded places.
Second: Pratt & Lambert Vitralite Enamel Eggshell (MWF 3.6 mils)
Third: Pratt & Lambert Vitralite Enamel Eggshell (MWF 3.6 mils)
INTERIOR MASONRY - LATEX FINISH - REMODEL WORK
First: Remove grease, loose paint, scale and dust.
Second Coat: Pratt & Lambert Vapex Flat Wall Finish (MWF 3.2 mils)
Third Coat: Pratt & Lambert Vapex Flat Wall Finish (MWF 3.2 mils)
INTERIOR FACE BRICK - LATEX FINISH - REMODEL WORK
First Coat: Pratt & Lambert Primafil (MWF 32 mils)
Second Coat: Pratt & Lambert Vapex Flat Wall Finish (MWF 3.2 mils)
09900 - 4
INTERIOR PLASTER OR CONCRETE - LATEX FINISH - REMODEL WORK
First: Remove grease, loose paint, scale and dust.
First Coat: Pratt & Lambert Vapex Flat Wall Finish (MWF 3.2 mils)
Second Coat: Pratt & Lambert Vapex Flat Wall Finish (MWF 3.2 mils)
NOTE: Use this finish on existing plaster or concrete unless
otherwise noted on the Drawings.
INTERIOR PLASTER OR CONCRETE - ENAMEL FINISH - REMODEL WORK
First: Remove grease, loose paint, scale and dust.
First Coat: Pratt & Lambert Lyt-All Flowing Flat (MWF 2.7 mils)
Second Coat: Pratt & Lambert Lyt-All Flowing Flat (MWF 2.7 mils)
NOTE: Use this finish on existing plaster or concrete where enamel
finish is noted on the Drawings.
INTERIOR INSULATED PIPE COVERINGS - REMODEL WORK
First: Remove grease, loose paint, scale and dust.
First Coat: Pratt & Lambert Lyt-All Flowing Flat (MWF 2.7 mils)
NOTE: A full and uniform coverage will be required or additional
coats applied.
PIPES, MECHANICAL AND ELECTRICAL EQUIPMENT - ENAMEL FINISH - REMODEL
WORK
Clean surfaces and finish in accordance with specifications for
interior metal.
End of Section 09900 - 5
(THIS PAGE LEFT BLANK INTENTIONALLY)
SPECIAL CONDITIONS
-43-
(THIS PAGE LEFT BLANK INTENTIONALLY)
City of Lubbock
P.O. Box 2000
_ Lubbock, Texas 79457
e06-767-29 67
May 10, 1991
Danny Klein Construction
Attn: Danny Klein
4310 93rd Street
Lubbock, TX 79423
SUBJECT: Citibus Building Renovations
Office of
Purchasing
— The City of Lubbock, having considered the proposals submitted and
opened on the 19th day of April, 1991, for work to be done and materials
to be furnished in and for:
City of Lubbock Bid # 11166
CITIBUS BUILDING RENOVATIONS
as set forth in detail in the Specifications, Plans, and Contract
Documents for such work for the City of Lubbock; it appearing that your
proposal is fair, equitable and to the best interest of said City,
please take notice that said proposal was accepted by the City Council
of the City of Lubbock on the May 9, 1991, at the bid price contained
therein, subject to the execution of and furnishing of all other
documents specified and required to be executed and furnished under the
contract documents. It will be necessary for you to execute and furnish
to the City of Lubbock all such documents within ten (10) days from your
receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal,
will be returned upon the execution of such contract documents and bonds
_ within the above specified ten (10) day period. In the event you should
fail to execute and furnish such contract documents and bonds within the
time limit specified, said bid security will be retained by the City of
Lubbock.
CITY OF LUBBOCK
Gene Eads, C.P.M.
Purchasing Manager
(THIS PAGE LEFT BLANK INTENTIONALLY)
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2. NEW METAL CAP AND EDGE FLASHING (ALL MONITORS) AS DETAILED - DETAIL "Y".
3. REMOVE EXISTING METAL COUNTERFLASHING, CLEAN METAL, RE -INSTALL METAL
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5. PATCH ALL HOLES/CRACKS/DAMAGE IN EXISTING PARAPET WALL FLASHING, AND RE -COAT ALL
PARAPET WALLS.
o. TEAR OFF ALL EXISTING ROOFING THIS AREA AND RE -ROOF.
7. TEAR OFF ALL EXISTING ROOFING THIS AREA, INSTAL!_ INSULATION CRICKET (MINIMUM SLOPEI OF J
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