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HomeMy WebLinkAboutResolution - 2023-R0015 - Contract 16905 with Johnson General Contractors for Silent Wings Museum 1.10.23Resolution No. 2023-R0015 Item No. 5.16 January 10, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Public Works Contract No. 16905 for replacement of windows at Silent Wings Museum as per RFP 22-16905-DH, by and between the City of Lubbock and Johnson General Contracting Group, LLC of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 10, 2023 0�;'_ Y AYNE, MAYOR ATTEST: Z)_� 2�c - Rebel a Garza, City Secret APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: Leisure, Assistant City Attorney ccdocs/RES.Public Works Contract 16905 Replacement of Windows at Silent Wings Museum 12.15.22 PROPOSAL SUBMITTAL FORM LUMP SUM PROPOSAL CONTRACT DATE: /2 —& - 20 ZZ PROJECT NUMBER: RFP 22-16905-DH Replacement of Windows at Silent Wings Museum Proposal of J, called Offeror) (hereinafter To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for construction of the referenced project, having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated. The price to cover all expenses incurred in performing the work required under the contract documents. PROPOSED CONSTRUCTION TIME: 1. Contractors proposed CONSTRUCTION TIME for completion: TOTAL CONSECUTIVE CALENDAR DAYS: [off (to Substantial Completion) TOTAL CONSECUTIVE CALENDAR DAYS: CIO (to Fumal Completion) j,,,,� G/Qts Final Completion). Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 60 Consecutive Calendar Days with final completion within 90 Consecutive Calendar Days as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $500 for each consecutive calendar day after substantial completion and liquidated damages in the sum of $500 for each consecutive calendar day -after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (601 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. City of Lubbock ITB 23-16905-DH Replacement of Windows at Silent Wings Museum Bid Form Johnson General Contractors Group, LLC Location Lubbock, IX Total Cost $229,457.00 Extended # Items U/M Cost 1 #0-1 Replacement of Windows at Silent Wings Museum. Lump Sum $229,457.00 Base bid consists of the materials and labor for the necessary improvements for the above referenced project, as specified herein. #1-1 Alternate Pricing for Window Panning System Lump Sum y No Bid Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five Percent (5"/0) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, Obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him, Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the sum of Dollars (S which it is agreed shall be collected idd retained by the QSner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond rs any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. Upr e-X,rj %A It" Z4P a L (Seal f Offeror is a Corporation) ATTEST: �� 3 e Secretary Offeror acknowledges receipt of the following addenda: Addenda No. DateZ/- 2.2 ^22 Addenda No. �_ Date !- -Z,Z Addenda No. Date Addenda No. Date Date: /2-lv - 20 Zz Authorize ignature 7—mo is (Printed"or TWed Name) ,IA- &SgtJ �fAf ra.( LI.L".'A. Company A / 3*6? -{O s _ Address City, county r- 7,y!�6it State Zip Ccfe Telephone: Fax: Email: 17.�iHnur� Sre�r�y v C FEDERAt. TAX M or OCIAL SECURITY No. M/WBE Finn: I I Woman I I Black American I I Native American Hispanic American I I Asian Pacific American I I other S CERTIFICATE OF INTERESTED PARTIES FORM 1295 iofi Complete Nos. 1- 4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos. 1. 2, 3, 5, anu 6 it there are no interestea pc ,res. CERTIFICATION OF FIUNG 1 Name of business end y filing form, and the city, stata and country of the business entity's place Certificate Number: of business. 2022-966"2 Johnson General Contractors Group LLC LUBBOCK, TX United States Date Fled: 2 Name of governmental enttty or state agency that is a patty to the contract for which the *m is 1W1/2022 being filed. Zity 1 Lubboc< Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to tract or identify the contract, and provide a description of the sal vices, goods, or other property to be provided under the contract. 2022-16905 Replacement of Windows at Silent Wings ';'usei:n: Nature af Interest ' Aaaia of tntprested Perry City, State, Country (place of business) (check applicable) Confroping Intermediary Johnson, Troy LUBBOCK, TX United States X Johnson, Cory LUBBOCK, TX United States X i F Check only if there is NO Interested Party. ❑ E UNSWORN DECLARATION My name is / F+.b _ _ � and my date of birth is `, My address is 34&>i � ,firec k _, G��1� 1� 3 G?s A . v repr (City) (state) (zip code) (owntty) dec.ere under penally of perjury that the forepcing is t. _5 a.id correct. s =xec..ted in Ll-�13CG ` . —-_`Counri. State of , C Y AS -,on the 2f day of 'Dec. 20 ?=. (Month) &so � r Signature of rized agent of contracting business entity (Dedarartt) I ..rips provided by Texas Ethics Commission. _ vmAv.ethics. state. tx.us Version V3.5.1.3ac86bcC CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-966442 Johnson General Contractors Group LLC LUBBOCK, TX United States Date Filed: 12/21/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 12/21/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 2022-16905 Replacement of Windows at Silent Wings Museum 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Johnson, Troy LUBBOCK, TX United States X Johnson, Cory LUBBOCK, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: January 10, 2023 CITY OF LUBBOCK SPECIFICATIONS FOR Replacement of Windows at Silent Wings Museum RFP 22-16905-DH CONTRACT: 16905 PROJECT NUMBER: 92238.8302.30000 Plans & Specifications may be obtained from https:Hci-lubbock-tx.bonfirehub.com/ City of bock TEXAS CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank Addenda Page Intentionally Left Blank # 6*01 Lubboof ck city ADDEND UM I Revised Bid Table RFP 22-16905-DH Replacement of Windows at Silent Wings Museum DATE ISSUED: November 22, 2022 CLOSING DATE: December 01, 2022 at 3:00 p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP) Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Revised Bid Table 1. The Bid Table has been updated to add an alternate for window panning system. Please ensure you are submitting the current version of Bid Table BT-78EZ revised November 22, 2022. All requests for additional information or clarification must be submitted in writing and directed to: Dakota Heath City of Lubbock Purchasing and Contracts Management Office 1314 Ave K, Floor 9 Lubbock, Texas 79401 Questions may be emailed to DHeathglnylubbock.us Questions are preferred to be posted on https:Hci-lbbock-tx.bonfirehub.com/ THANK YOU, CITY OF LUBBOCK Dakota Heath Buyer I City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the proposer's responsibility to advise the Director of Purchasing and Contract Management if any large, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. Page Intentionally Left Blank fNOW V City of 400" Lubbock ADDENDUM 2 Revised Specs and Extension RFP 22-16905-DH Replacement of Windows at Silent Wings Museum DATE ISSUED: November 30, 2022 New: CLOSING DATE: December 06, 2022 at 3:00p.m. The following items take precedence over specifications for the above named Request for Proposals (RFP) Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Revised Specs 1. Specifications for the gypsum board and aluminum windows have been added. Please see attached documents for specs. Extension 2. The closing date for this RPF has been extended from December 01, 2022 to December 06, 2022 at 3:00 PM CST All requests for additional information or clarification must be submitted in writing and directed to: Dakota Heath City of Lubbock Purchasing and Contracts Management Office 1314 Ave K, Floor 9 Lubbock, Texas 79401 Questions may be emailed to DHeath&mylubbock.us Questions are preferred to be posted on https:Hci-lbbock-tx.bonfirehub.com/ THANK YOU, r CITY OF LUBBOCK Dakota Heath Buyer I City of Lubbock Purchasing and Contracts Management Office It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the proposer's responsibility to advise the Director of Purchasing and Contract Management if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. September 12, 2022 SECTION 08520 ALUMINUM WINDOWS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this Section. 1.2 WORK INCLUDED A. Furnish and install aluminum architectural windows complete with hardware and related components as shown on drawings and specified in this section. B. Basis of design for windows shall be EFCO Series FX32 Thermal AW-PG Commercial Fixed. Other Manufacturers requesting approval to bid their product as an equal must submit a request for substitution ten (10) days prior to close of bidding. C. Glass and Glazing - all units to be factory glazed. Glass is to match color and tint of Silent Wings Museum. Contractor to provide samples to determine best match. D. Single Source Requirement - All window products 1 shall be by the same manufacturer. 1.3 RELATED SECTIONS A. Section 06100 - Rough Carpentry B. Section 07900 - Joint Sealers. C. Section 08800 - Glazing. 1.4 LABORATORY TESTING AND PERFORMANCE REQUIREMENTS A. Test Units 1. Air, water, and structural test unit shall conform to requirements set forth in AAMA/WDMA/CSA 101/I.S.2/A440 — 08 and manufacturer's standard locking/operating hardware and insulated glazing configuration. 2. Thermal test unit sizes shall be 48" (1219 mm) x 72" (1828 mm). Unit shall consist of a single typical fixed window and a single casement window. e.ujgo tU,U.pi3eaco P 5 ' �° 1 ALUMINUM WINDOWS 08520 - 1 September 12, 2022 B. Test Procedures and Performances Windows shall conform to all AAMA/WDMA/CSA 101/I.S.2/A440-08 requirements for the windows. In addition, the following specific performance requirements shall be met. Life Cycle Testing a. Test in accordance with AAMA 910. There shall be no damage to fasteners, hardware parts, support arms, activating mechanisms, or any other damage that would cause the window to be inoperable. Air infiltration and water resistance tests shall not exceed specified requirements. 2. Air Infiltration Test a) With ventilators closed and locked, test unit in accordance with ASTM E 283 at a static air pressure difference of 6.27 psf (300 Pa). Air infiltration shall not exceed .30 cfm/SF (.501/s•m2) of unit. 3. Water Resistance Test a. With ventilators closed and locked, test unit in accordance with ASTM E 331/ASTM E 547 at a static air pressure difference of 15.0 psf (720 Pa). There shall be no uncontrolled water leakage 4. Uniform Load Structural Test a. With ventilators closed and locked, test unit in accordance with ASTM E 330 at a static air pressure difference of 240 psf (11520 Pa), both positive and negative pressure. At conclusion of test there shall be no glass breakage, permanent damage to fasteners, hardware parts, support arms or actuating mechanisms, nor any other damage that would cause the window to be inoperable. Forced Entry Resistance a. Windows shall be tested in accordance with ASTM F 588 or AAMA 1302.5 and meet the requirements of performance level 40. 6. Condensation Resistance Test (CRF) a. Test unit in accordance with AAMA 1503.1. b. Condensation Resistance Factor (CRF) shall not be less than 73(frame) for fixed. 7. Thermal Transmittance Test (Conductive U-Factor) a. With ventilators closed and locked, test unit in accordance with NFRC 100-2017. b. Fixed -Conductive thermal transmittance (U-Factor) shall not be more than .37 BTU/hr•ft2•°F when glazed with .29 center of glass U-Factor. 1.5 QUALITY ASSURANCE Bn2ujgr2 ,U.pficat o proR 6r[eds' Inc. ALUMINUM WINDOWS 08520 - 2 September 12, 2022 A. Standards: Except as otherwise indicated, requirements for aluminum windows, and terminology and standards of performance and fabrication workmanship are those specified and recommended by AAMA. B. Manufacturer: Provide aluminum window units produced by a single manufacturer capable of showing prior successful production of units that will meet or exceed the referenced criteria for those windows required. 1.6 SUBMITTALS A. Manufacturer's Data: Submit manufacturer's specifications, recommendations and standard details for aluminum window units, including fabrication, finishing, hardware and other components of the work. Include certified test laboratory reports as necessary to show compliance with requirements. B. Shop Drawings: Submit shop drawings including all elevations at 1/4" scale, typical unit elevations at 3/4" scale, and full-size detail section of every typical composite member. Show anchors, hardware, operators, and other components not included in manufacturer's standard data. Include glazing details. C. Contractor to provide one (1) sample window mock-up - single unit, including all panning, trim applied muntins, and glazing. 1.7 DELIVERY AND STORAGE A. Protect finished surfaces to prevent damage. Do not use adhesive papers or sprayed coatings which might become bonded when exposed to the sun. 1.8 WARRANTY A. Total Window Installation: The responsible contractor shall assume full responsibility and warrant for one year the satisfactory performance of the total window installation, which includes that of the windows, hardware, glass (including insulated Units), glazing, anchorage and setting system, sealing, flashing, etc., as it relates to air, water and structural adequacy is called for in the specifications and approved shop drawings. Any deficiencies due to such elements not meeting the specifications shall be corrected by the responsible contractor, at their expense, during the warranty period. Window Material and Workmanship - Provide written guarantee against defects in material and workmanship for 5 years from the date of final shipment. 2. Glass - a. Provide written warranty for insulated glass units that they will be free from Ba2ptXpR Inc. urMU.ficao5ALUMINUM WINDOWS 08520 - 3 September 12, 2022 obstruction of vision as a result of dust or film formation on the internal glass surfaces caused by failure of the hermetic seal due to defects in material and workmanship. b. Warranty period shall be for 10 (ten) years. 3. Finish - a. Warranty period shall be 5 years from the date of final shipment. PART 2 PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Efco B. Substitutions: 1. General: Refer to Substitutions Section for procedures and submission requirements. a. Pre -Contract (Bidding Period) Substitutions: Submit written requests ten (10) days prior to bid date b. Post -Contract (Construction Period) Substitutions: Submit written request in order to avoid construction delays. 2. Substitution Documentation: a. Product Literature and Drawings: Submit product literature and drawings modified to suit specific project requirements and job conditions. b. Certificates: Submit certificate(s) certifying substitute manufacturer (1) attesting to adherence to specification requirements for aluminum storefront system performance criteria, and (2) has been engaged in the design, manufacturer, and fabrication of aluminum storefronts for a period of not less than ten (10) years. (Company Name) C. Test Reports: Submit test reports verifying compliance with each test requirement for storefront configurations required by the project. d. Product Sample and Finish: Provide samples of typical product sections and finish samples in manufacturer's standard sizes. 3. Substitution Acceptance: Acceptance will be in written form, either as an addendum or modification, and documented by a formal change order signed by the Owner and Contractor. 2.2 MATERIALS Ba2p#anP R I"01"MU.eo5ALUMINUM WINDOWS 08520 - 4 September 12, 2022 A. New fixed aluminum windows. B. New panning to be installed over existing frames that are to remain in place. C. Aluminum finish shall match existing first floor Silent Wings Museum. D. Furnish all parts and accessories required for complete and satisfactory installation. E. Extrusions shall be 6063-T6 alloy and temper (ASTM alloy G.S. l0A-T5). Fasteners, where exposed, shall be aluminum, stainless steel or zinc plated steel in accordance with ASTM A 164. Perimeter anchors shall be aluminum or steel, providing the steel is properly isolated from the aluminum. F. Fasteners: Aluminum, non-magnetic stainless steel, or other materials warranted by manufacturer to be noncorrosive and compatible with aluminum components. G. Flashing: Aluminum sheet, 0.062" minimum finish to match framing. H. Brackets and Reinforcements: Manufacturer's high -strength aluminum units where feasible; otherwise, non-magnetic stainless steel or hot -dip galvanized steel complying with ASTM A 386. I. Concrete/Masonry Inserts: Cast-iron, malleable iron, or hot -dip galvanized steel complying with ASTM A 123. J. Bituminous Coatings: Cold -applied asphalt mastic complying with SSPC-PS 12, compounded for 30 mil thickness per coat. K. Compression Weatherstripping: Manufacturer's standard replaceable stripping of either molded neoprene gaskets complying with ASTM D220 or molded PVC gaskets complying with ASTM D 2287. L. Sliding Weatherstripping: Manufacturer's standard replaceable stripping of wool, polypropylene, or nylon woven pile, with nylon fabric or aluminum strip backing, complying with AAMA 701.2 M. Glass and Glazing Materials: Glass — The intent is that the glass and glazing match the Silent Wings Museum as closely as possible. The specified glass below outlines the requirements of the glass, the thickness and the makeup of the glass and the surface of the coatings. Contractor shall determine the best color match to the existing building meeting the requirements below and provide samples for comparison and approval. Museum Administrator has tint information for tint used on Museum. Una.jgr2M,U.pficatio�i pro%i6t [eds.'Inc. ALUMINUM WINDOWS 08520 - 5 September 12, 2022 1. Ensure glass meets State of Texas requirements of Solar Heat Gain Coefficient. Insulated glass shall be 1" thick with a center of glass U-Factor of .29 constructed as follows: a. Exterior lite - 1/4" thick, heat strengthened exterior, with a surface coating of tinted Low-E on the number 2 surface. b. Air space of 1/2" inch (argon filled). c. Interior lite - 1/4" thick, clear glass N. Egress Screens — not used O. Sealant: As specified in Section 07900. 2.3 FABRICATION A. General: 1. Sizes and Profiles: All aluminum frame and vent extrusions shall have a minimum wall thickness of .062" 2. Mechanical fasteners, welded components, and hardware items shall not bridge thermal barriers. Thermal barriers shall align at all frame and vent corners. 3. Depth of frame and vent shall not be less than 3 1/2". B. Frame - Frame components shall be mechanically fastened. C. Panning - furnish extruded aluminum panning and interior trim. All conditions and panning requirements must be field verified by the glazing contractor prior to submitting shop drawings. D. Glazing - All units shall be glazed with the manufacturer's standard sealant process provided the glass is held in place by a removable, extruded aluminum glazing bead. The glazing bead must be isolated from the glazing material by a gasket. E. Finish — Match existing first floor entrance area of Silent Wings Museum. F. Trim -All Panning System: Exterior Panning System 1. The panning system shall be extruded. Roll formed or formed aluminum materials shall not be acceptable. a. Panning frame profile shall be square. b. Sightline encroachment shall be minimized by panning frame design. 2. Panning shall be shipped KD and field assembled. Unaujgr2 ,U.pficatio�i pro%i6t [eds.'Inc. ALUMINUM WINDOWS 08520- 6 September 12, 2022 a. A stainless -steel corner alignment clip shall be provided for each joint. Clip shall be of such design that after panning frame is installed, weather sealing or caulking will completely cover clip. b. Back seal all panning frame joints to prevent water migration into frame cavity prior to installation. 3. All panning extrusions shall have a minimum wall thickness of .062" (1.5 mm). 4. Each panning unit shall be assembled and installed in the building separate from the replacement window. 5. The sill of the panning system shall have an upturned leg set behind the exterior leg of the windowsill. Jamb and head panning extrusions shall overlap the exterior of the window to act as a rain screen. All four sides of the panning unit shall have weather-stripping pulled through dovetails in the extrusions. Weather stripping shall be back sealed with a continuous bed of sealant prior to window installation. 6. The panning unit shall be installed in the prepared opening from the inside of the building and anchored directly to the opening through factory punched/drilled mounting holes. The window shall be held tightly against the panning weather stripping by stainless steel spring clips mounted at the jambs and head at 16" (406 mm) O.C. The spring clips shall not provide the primary window anchorage. Interior trim clips, through the window frame fasteners, or "F" anchors shall be used for wind load resistance. 7. The vertical leg of all four sides of the panning unit shall typically require field ripping for an exact fit in the window opening. Interior Trim System 1. The interior trim system shall consist of a mill finish aluminum clip (minimum wall thickness .094" (2.3 mm) to anchor the window to the window opening and a finished aluminum cover (minimum wall thickness .050" (1 mm). The cover shall snap fit onto the clip, concealing all anchorage fasteners. a. Trim profile shall be square. 2. The clips shall be provided in 3" (76 mm) lengths and spaced at 16" (406 mm) O.C. All fasteners anchoring the clip to the windows shall be by the window manufacturer. The clip shall be designed to provide the primary structural support for the window system. 3. The cover shall be provided by the window manufacturer in lineal lengths longer than the critical opening dimension and field trimmed for an exact fit. UnauJgr2 ,U.pficatio�i pro%i6t [eds.'Inc. ALUMINUM WROWS 08520 - September 12, 2022 4. The formed aluminum and extruded trim shall not be combined on the same window opening since the radiused corners of the formed aluminum and the square corners of the extrusion are not aesthetically compatible. PART 3 EXECUTION 3.1 PREPARATION A. Field Measurement: Take field measurements prior to preparation of shop drawings and fabrication, to ensure proper fitting of work; proceed with fabrication and coordinate installation tolerances as necessary when field measurements might delay work. Contractor is responsible for all blocking and miscellaneous brake metal trim that might be required to achieve proper installation. B. Ensure no damage to existing surrounding conditions. 3.2 INSTALLATION A. Comply with manufacturer's specifications and recommendations for the installation of window units, hardware, and other components of the work. B. Set units plumb, level and true to line, without warp or rack of frames or sash. Anchor securely in place. Separate aluminum and other corrodible surfaces from sources of corrosion or electrolytic action at points of contact with other materials. C. Set sill members and other members in a bed of sealant, or with joint fillers or gaskets, to provide weathertight construction at all joints and intersections and at opening perimeters. Coordinate installation with wall flashings and other components of the work. Wipe off excess material and leave all exposed surfaces and joints clean and smooth. D. Drill and tap frames and apply surface mounted hardware items, complying with hardware manufacturer's instructions and template requirements. E. Adequately anchor to maintain positions permanently when subjected to normal thermal movement, specified building movement, and specified wind loads. 3.3 PROTECTION AND CLEANING A. After completion of window installation, the General Contractor shall adequately protect exposed portions of aluminum surfaces from damage by grinding and polishing compounds, plaster, lime acid, cement, or other contaminants. UnauJgr2 ,U.pficatio�i pro%i6t [eds.'Inc. ALUMINUM WROWS 08520- g September 12, 2022 B. Clean aluminum surfaces promptly after installation of windows, exercising care to avoid damage of protective coatings and finishes. Remove excess glazing and sealant compounds, dirt, and other substances. The General Contractor shall be responsible for final cleaning. END OF SECTION Unaujgr2 ,U.pficatio�i pro%i6t [eds.'Inc. ALUMINUM WINDOWS 08520 - 9 September 12, 2022 SECTION 09260 GYPSUM BOARD SYSTEMS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 WORK INCLUDED A. Limited patch and repair of existing jambs as required for the removal and installation of new windows. Work may include the following: 1. Metal stud wall and wall furring. 2. Metal channel ceiling framing. 3. Gypsum board. 4. Taped and sanded joint treatment. 1.3 RELATED SECTIONS A. Section 09900 - Painting: surface finish. 1.4 REFERENCES A. ANSFASTM C36 - Gypsum Wallboard. B. ANSI/ASTM C79 - Gypsum Sheathing Board. C. ANSI/ASTM C475 - Joint Treatment Materials for Gypsum Wallboard Construction. D. ANSI/ASTM C645 - Non -Load (Axial) Bearing Steel Studs, Runners (Track), and Rigid Furring Channels for Screw Application of Gypsum Board. E. ANSI/ASTM C646 - Steel Drill Screws for the Application of Gypsum Sheet Material to Light Gage Steel Studs. F. ANSI/ASTM C754 - Installation of Framing Members to Receive Screw Attached Gypsum Wallboard, Backing Board, or Water Resistant Backing Board. G. ANSI/ASTM El 19 - Fire Tests of Building Construction and Materials. H. GA-201 - Gypsum Board for Walls and Ceilings. I. GA-216 - Recommended Specifications for the Application and Finishing of Gypsum Board. 1.5 SYSTEM DESCRIPTION A. Fire Rating Wall Requirements: 1 hour in accordance with UL 1988 listed assembly No. U465. B. Fire Rating Sub -ceiling Requirements: 1 hour in accordance with UL 1988 listed assembly No. G501. 1.6 QUALITY ASSURANCE 2oa c1 p 1e hoop fhb` &, Ine GYPSUM BOARD SYSTEMS 09260 - 1 nau oriz September 12, 2022 A. Applicator: Company specializing in gypsum board systems work with three years' documented experience. 1.7 REGULATORY REQUIREMENTS A. Conform to applicable codes for fire rated assemblies. 1. Fire Rated Partitions: Listed assembly by UL. 2. Fire Rated Ceilings: Listed assembly by UL. 1.8 SUBMITTALS A. Provide product data on metal framing, gypsum board, joint tape decorative finish, and accessories. B. Submit manufacturer's installation instructions under provisions of Section 01300. PART2 PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. United States Gypsum Co. - Gypsum Panels B. Dietrich - metal stud system. C. Other acceptable manufacturers offering equivalent products: 1. Gold Bond Products, Inc. 2. Redman Industries Inc. D. Substitutions: Under provisions of Section 01600. 2.2 FRAMING MATERIALS A. Interior Framing 1. Studs and Tracks: ANSI/ASTM C645; galvanized sheet steel, 3 5/8" by 25 gage thick, 'C' shape. 2. Furring, Framing and Accessories: ANSI/ASTM C645; 3 518" by 25 gage. B. Exterior Framing: 1. Studs and Tracks: ANSI/ASTM C645; galvanized sheet steel, 6" by 20 gage thick, 'C' shape. 2. Furring, Framing, and Accessories: ANSI/ASTM C645; 6" by 20 gage. C. Fasteners: ANSI/ASTM C1002 D. Adhesive: ANSI/ASTM C557 and as recommended by the manufacturer. 2.3 GYPSUM BOARD MATERIALS A. Standard Gypsum Board: ANSI/ASTM C36; 5/8 inch thick, maximum permissible length, ends square cut, tapered edges. B. Gypsum Board for Backup: ANSI/ASTM C36; 3/8 inch thick, ends square cut, tapered edges. C. Fire Rated Gypsum Board: ANSI/ASTM C36; fire resistive type, UL rated; 5/8 inch thick, maximum permissible length; ends square cut, tapered edges. 8202� ff pr hoXp %,hb1ff Ine GYPSUM BOARD SYSTEMS 09260 - 2 nau oriz September 12, 2022 D. Moisture Resistant Gypsum Board: ASTM C 630/C;5/8 inch thick; ends square cut. E. Exterior Gypsum Sheathing: ANSI/ASTM C36; 1/2 inch minimum thickness, edges'V' cut for resisting water infiltration, ends square cut, 24 inch width by maximum permissible length. F. Pre -finished Gypsum Board: ANSI/ASTM C36; regular 5/8 inch thickness and type `X' 5/8 inch thickness at fire rated partitions. Equal to Gold Bond "DURASAN", fabric color and texture to be selected by architect. 2.4 ACCESSORIES A. Corner Beads: Metal equal to Dur-A-Bead, 103 by United States Gypsum. B. Edge Trim: Metal equal to No. 200-A by United States Gypsum. C. Joint Materials: ANSI/ASTM C475; reinforcing tape, joint compound, adhesive, water, and fasteners. PART 3 EXECUTION 3.1 INSPECTION A. Patching to be performed continuous to nearest surface break. B. Verify that site conditions are ready to receive work and opening dimensions are as instructed by the manufacturer. C. Beginning of installation means acceptance of substrate. 3.2 METAL STUD INSTALLATION A. Install studding in accordance with ANSI/ASTM C754. B. Metal Stud Spacing: 16 inches on center. C. Partition Heights: To minimum 6 inches above suspended ceilings, or as noted on drawings. Install additional bracing for partitions extending above ceiling. Allowable deflection of L/240. D. Door Opening Framing: Install double studs at door frame jambs. Install stud tracks on each side of opening, at frame head height, and between studs and adjacent studs. E. Blocking: Nail wood blocking to studs. Install blocking for support of plumbing fixtures, toilet partitions, wall cabinets, toilet accessories, and hardware. F. Coordinate installation of bucks, anchors, blocking, electrical and mechanical work placed in or behind partition framing. 3.3 WALL FURRING INSTALLATION A. Erect free-standing metal stud framing tight to masonry and plaster walls, attached by adjustable furring brackets in accordance with manufacturer's instructions. B. Erect furring studs vertically. Secure in place at maximum 16" on center. iao. ff pr hoXp %,hb1, Ine GYPSUM BOARD SYSTEMS 09260 - 3 nau oriz September 12, 2022 C. Space furring studs maximum 16 inches on center. D. Install thermal insulation batts between studs in accordance with manufacturer's instructions. 3.4 CEILING FRAMING INSTALLATION A. Install in accordance with GA 201 and GA 216. B. Coordinate location of hangers with other work. C. Install ceiling framing independent of walls, columns, and above -ceiling work. D. Reinforce openings in ceiling suspension system which interrupt main carrying channels or furring channels, with lateral channel bracing. Extend bracing minimum 24 inches past each end of openings. E. Laterally brace entire suspension system. 3.5 ACOUSTICAL ACCESSORIES INSTALLATION A. Place acoustical insulation in partitions tight within spaces, around cut openings, behind and around electrical and mechanical items with or behind partitions, and tight to items passing through partitions. B. Install acoustical sealant at gypsum board perimeter at: 1. Metal framing: two beads. 2. Face layer. 3. Caulk all penetrations of partitions by conduit, pipe, ductwork, rough -in boxes, and all other wall penetrations. 3.6 GYPSUM BOARD INSTALLATION A. Install gypsum board in accordance with GA 201 and GA 216. B. Erect single layer of gypsum board in most economical direction, with ends and edges occurring over firm bearing. C. Erect single layer fire rated gypsum board vertically, with edges and ends occurring over firm bearing. D. Erect exterior gypsum sheathing horizontally, with edges butted tight and ends occurring over firm bearing. E. Use screws when fastening gypsum board to metal furring or framing. F. Treat cut edges and holes in gypsum sheathing with sealant, or tape. G. Place control joints consistent with lines of building spaces as directed. H. Place corner beads at external corners as indicated. Use longest practical length. Place edge trim where gypsum board abuts dissimilar materials. I. Install concealed grounds in wall framing where shown or required, if not shown, for mounting of surface hardware. Concealed grounds are not to be obvious when gypsum board system is finished. n isu oriz W pr he p %,hb1, Ine GYPSUM BOARD SYSTEMS 09260 - 4 September 12, 2022 3.7 PERMANENT MARKING AND IDENTIFICATION OF FIRE WALLS A. Permanently identify with red stenciled 3-inch high lettering all fire rated walls. Identification to be located on the fire -rated wall/partition above ceilings and at exposed areas (such as Mechanical and Electrical Equipment Rooms), on 10-foot intervals and as high as possible and still visible from the finished floor and include the wording "FIRE WALL". Areas of fire -rated walls/partitions exposed to viewing by the public shall be exempt from stenciling. 3.8 JOINT TREATMENT A. Tape, fill, and sand exposed joints, edges, and corners to produce smooth surface ready to receive finishes. B. Feather coats onto adjoining surfaces so that camber is maximum 1/32 inch. C. Erect pre -decorated gypsum board vertically, with exposed batten fastening system. D. Erect in accordance with manufacturer's instructions. E. Install No. 093 control joints in the interior face of gypsum board partitions opposite all exterior expansion joints. Install control joints at other locations as directed. 3.9 TOLERANCES A. Maximum Variation from True Flatness: 1/8 inch in 10 feet in any direction. END OF SECTION 82o. ff p>HeaioXp %,hb1ff Ine GYPSUM BOARD SYSTEMS 09260 - 5 nau oriz Page Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 INDEX NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS TEXAS GOVERNMENT CODE § 2269 PROPOSAL SUBMITTAL FORM — (must be submitted by published due date & time) 4-1. PROPOSAL SUBMITTAL FORM 4-2. SUBMITTAL OF DOCUMENTS 4-3. CONTRACTOR'S STATEMENT OF QUALIFICATIONS POST -CLOSING DOCUMENT REQUIREMENTS — (to be submitted no later than seven business days after the close date when proposals are due) 5-1. FINAL LIST OF SUB -CONTRACTORS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT WAGE DETERMINATIONS SPECIAL CONDITIONS (IF APPLICABLE) SPECIFICATIONS Page Intentionally Left Blank NOTICE TO OFFERORS Page Intentionally Left Blank City of Lubbock RFP 22-16905-DH Replacement of Windows at Silent Wings Museum 1. NOTICE TO OFFERORS 1.1. Offerors may submit proposals electronically by uploading required documents at the City of Lubbock's partner's website, Bonfire. This Request for Proposals is for your convenience in submitting an offer for the specified services. If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of Purchasing and Contract Management: Physical: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 13 14 Avenue K, 9th Floor Lubbock, Texas 79401 Mailing: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME 1.2. Proposals will be opened in the office of the Director of Purchasing and Contract Management, Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, and via teleconference as shown below at 3:00 PM on December 1, 2022, 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 above referenced. 1.3. After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. Bids will be opened via teleconference if date/time stamped on or before the deadline stated at the office listed above. The Zoom meeting information is as follows: Website: https://zoom.us/i/9759171012?pwd=bkFtRTN1cXV 1 SkhWdkZiMDk4MXh2dzO9 Meeting ID: 975 917 1012 Passcode: 1314 1.4. It is the sole responsibility of the offeror to ensure that his proposal is actually in the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. Any proposal received after the date and hour specified will be rejected and returned unopened to the offeror. 1.5. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all. If offeror does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of proposals, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.6. Although offers may be submitted electronically, hard copy proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.7. Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before RFP closing must be initialed by offer or guaranteeing authenticity. 1.8. Proposals are due at 3:00 PM on December 1, 2022 and should be addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401. The City of Lubbock Council members will consider the proposals on December 20, 2022, at the Citizens Tower, 1314 Avenue K, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all proposals and waive any formalities. The successful offeror will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful offeror will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED. 1.9 NOTICE TO PROCEED WILL BE ISSUED 30 DAYS FOLLOWING THE AWARD OF THE CONTRACT BY THE LUBBOCK CITY COUNCIL. 1.10. Please allow time to upload required documentation. 24hrs in advance is recommended. 1.11. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the Offeror. FAILURE OF THE OFFEROR TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NON -RESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. 1.12. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from https://ci-lbbock-tx.bonfirehub.com/portal/ at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 1.13. It shall be each offeror's sole responsibility to inspect the site of the work and to inform Offeror regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the proposal submitted. 2. PRE -PROPOSAL MEETING 2.10. For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non -mandatory pre -proposal conference will be held at 10:00AM, November 22, 2022, via teleconference. The Zoom meeting information is as follows: Website: https:Hzoom.us/j/9759171012?pwd=bkFtRTNIcXV 1 SkhWdkZiMDk4MXh2dz09 Meeting ID: 975 917 1012 Passcode: 1314 2.11. All persons attending the meeting will be asked to identify themselves and the prospective offeror they represent. 2.12. It is the offeror's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -proposal meeting to offerors who do not attend the pre -proposal meeting. Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. 3. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. 4. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT Page Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO OFFERORS 1. OFFEROR INQUIRIES AND CLARIFICATION OF REQUIREMENTS 1.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Director of Purchasing and Contract Management if anX large, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 1.2 NO OFFEROR SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Dakota Heath, Buyer I City of Lubbock Purchasing and Contract Management Office 1314 Avenue K, Floor 9, Lubbock, Texas, 79401 Fax: 806-775-2164 Email: DHeath(d,mylubbock.us Website: https://ci-lbbock-tx.bonfirehub.comZportal/ 2. TIME AND ORDER FOR COMPLETION 2.1 The construction covered by the contract documents shall be substantially completed within 60 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful offeror. 2.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure daily prosecution of the work is conducted every business day until the work is completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. 3. GUARANTEES 3.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within Two years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 3.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 3.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 3.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 4. BASIS OF PROPOSALS AND SELECTION CRITERIA 4.1 The City uses the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Government Code Section 2269. The Maximum Point value is equal to 100 points. The weight factor is 60 points for Price, 30 points for Contractor Qualifications, and 10 points for Construction Time. The selection criteria used to evaluate each proposal includes the following: 4.1.1 60 POINTS - PRICE: The quality of Offerors is not judged solely by a low initial cost proposal or, conversely, eliminated solely because of a high initial cost proposal. The following is the formula used when determining price as a factor for construction contract proposals. The lowest proposal price of all the proposals becomes the standard by which all price proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest proposal price and dividing it by the price of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the price factor for the price score. For Example: (Lowest Price/Current Proposal Price) x Maximum Point Value = Price Score. 4.1.2 30 POINTS - CONTRACTOR QUALIFICATIONS: When evaluating a contractor's qualifications, the City uses the "Contractor's Statement of Qualifications" attached within, past experience with the contractor, the "Safety Record Questionnaire", and the Contractor's Experience Modification Ratio (EMR). The City may also interview the job superintendent at a time to be named after receipt of proposals. 4.1.3 Five (5) points of the overall points for this criteria are based on the Experience Modification Ration (EMR) and supporting documentation submitted by the contractor. 4.1.3.1 The lowest EMR of all the proposals becomes the standard by which all the EMRs are evaluated. One at a time, each proposal is evaluated by taking the lowest EMR and dividing it by the EMR of the proposal being evaluated. That fraction is then multiplied by 5 for the EMR score. For example: (Lowest EMR/Current EMR) x 5 = EMR Score portion of this criteria) 4.1.3.2 Contractors with an EMR greater than 1.0, as well as those Contractors not submitting EMRs, will receive zero points for this portion of the selection criteria. 4.1.4 For the remaining portion of this criteria, each evaluator assigns points based upon the responses the contractor provides in the "Contractor's Statement of Qualifications", any past experience with the contractor, and on safety record information submitted. The City may consider any incidence involving worker safety or safety of Lubbock residents, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor under the contractor's control. Evaluators base their rating primarily upon how well you document previous offenses with the date of the offense, location where the offense occurred, type of offense, final disposition of the offense, and any penalty assessed 4.1.5 The "Contractor's Statement of Qualifications" is a minimum. 4.1.5.1 You may provide additional pertinent information relevant to the project for which you are submitting this proposal in an appendix. 4.1.6 10 POINTS - CONSTRUCTION TIME: This criterion is, as with price, objective and evaluators use the following formula when determining construction time as a factor for construction contract proposals. The lowest construction time proposal of all the proposals becomes the standard by which all the construction time proposals are evaluated. One at a time, each proposal is evaluated by taking the lowest construction time and dividing it by the construction time of the proposal being evaluated. That fraction is then multiplied by the maximum point value of the construction time factor for the construction time score. For example: (Lowest construction time/Current Proposal construction time) x Maximum Point Value = Construction Time Score) 4.1.7 EVALUATION PROCESS: Evaluators independently review and score each proposal. The Committee meets, to discuss the individual scores of each evaluator. If the individual scores are similar, the Chairperson may average the scores then rank offerors accordingly. If the scores are significantly diverse, the Chairperson initiates and moderates discussion to determine the reasons for the differences and ensures that all evaluators are fully knowledgeable of all aspects of the proposals. Scores may then be adjusted by the committee based on committee discussion. 4.1.8 Please note that offerors with higher qualifications scores could be ranked higher than offerors with slightly better price scores. 4.2 The estimated budget for the construction phase of this project is $130,000.00. 4.3 Proposals shall be made using the forms provided. GENERAL INSTRUCTIONS TO OFFERORS (Continued) 5. ADDENDA & MODIFICATIONS 5.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at https:Hci-lubbock-tx.bonfirehub.com/portal/. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 5.2 Any offeror in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Director of Purchasing and Contract Management. At the request of the offeror, or in the event the Director of Purchasing and Contract Management deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at https:Hci-lubbock-tx.bonfirehub.com/portal/ and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the proposal closing date. 5.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any explanation or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this RFP should be used in preparing proposal responses. All contacts that an offeror may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 5.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 6.1 Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 6.2 Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the offeror from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Director of Purchasing and Contract Management and a clarification obtained before the proposals are received, and if no such notice is received by the Director of Purchasing and Contract Management prior to the opening of proposals, then it shall be deemed that the offeror fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If offeror does not notify the Director of Purchasing and Contract Management before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. 7. PROPOSAL PREPARATION COSTS 7.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 7.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a proposal shall be paid by the offeror. 8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Tex. Loc. Govt. Code 252.049(a) 8.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act. 8.4 Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below. https:Hlubbocktx.govga.us/WEBAPP/_rs/(S(quiyirflbtihahjny^ cegwpcs))/SupportHome.aspx 8.5 For more information, please see the City of Lubbock Public Information Act website at: https:Hci.lubbock.tx.us/pies/public-information-act 9. LICENSES, PERMITS, Taxes 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the offeror is or may be required to pay. 10. UTILIZATION OF LOCAL BUSINESS RESOURCES 10.1 Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 11. CONFLICT OF INTEREST 11.1 The offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 11.2 By signing and executing this proposal, the offeror certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 11.3 It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock 11.4Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire, Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed. The questionnaire can be found at: hlt 2s://www.ethics.state.tx.us/forms/conflict/ For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000, Lubbock, Texas, 79457 See Section 176.006, Local Government Code: http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG. 176.htm. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 12. CONTRACT DOCUMENTS 12.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 12.2 All offerors shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 13. CERTIFICATE OF INTERESTED PARTIES 13.1 Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply: 1) Contract requires an action or vote by the City Council (governing body); OR 2) Contract value is $1 Million or greater; OR 3) Contract is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code. This must be done before executing the contract. The disclosure form may be found at hgps://www.ethics.state.tx.us/whatsnew/elf_ info_forml295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable). 14. PLANS FOR USE BY OFFERORS 14.1 It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge. The contract documents may be examined without charge as noted in the Notice to Offerors. 15. PAYMENT 15.1 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 16. AFFIDAVITS OF BILLS PAID 16.1 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. 17. MATERIALS AND WORKMANSHIP 17.1 The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 18. PLANS FOR THE CONTRACTOR 18.1 The contractor will, upon written request, be furnished up to a maximum of five sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19. PROTECTION OF THE WORK 19.1 The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the proposals have been opened and before the contract has been awarded, to require of an offeror the following information: (a) The experience record of the offeror showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the offeror. (c) Equipment schedule. 20. TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 20.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21. PROTECTION OF SUBSURFACE LINES AND STRUCTURES 2 1. 1 It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures, both known and unknown, cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and/or the owning utility at the Contractor's expense. 22. BARRICADES AND SAFETY MEASURES 22.1 The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23. EXPLOSIVES 23.1 The use of explosives will not be permitted 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 24. CONTRACTOR'S REPRESENTATIVE 24.1 The successful offeror shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful offeror shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25. INSURANCE 25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 26. LABOR AND WORKING HOURS 26.1 Attention of each offeror is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The offeror's attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates, providing for the payment of the wage schedules above mentioned and the offeror's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on Sundays or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.2 Before construction work requiring an inspector is to be performed on Sundays or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sundays or holidays will be made by the Owner's Representative. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS 27.1 The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28. PROVISIONS CONCERNING ESCALATION CLAUSES 28.1 Proposals submitted containing any conditions which provide for changes in the stated proposal price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the offeror without being considered. 29. PREPARATION FOR PROPOSAL 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Pursuant to Texas Local Government Code 252.043(2), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 30. BOUND COPY OF CONTRACT DOCUMENTS 30.1 Offeror understands and agrees that the contract to be executed by offeror shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Offeror's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to offeror for his inspection in accordance with the Notice to Offerors. 30.2 If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31. QUALIFICATIONS OF OFFERORS 31.1 The offeror may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The offeror may also be required to give a past history and references in order to satisfy the City of Lubbock about the offeror's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the offeror to perform the work, and the offeror shall furnish to the City of Lubbock all information for this purpose that may be requested. The offeror's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the offeror fails to satisfy the City of Lubbock that the offeror is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the offeror's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the offeror to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the offeror. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors (f) The experience and qualifications of key project personnel (g) Past experience with the Owner 31.2 Complete and submit the PROPOSED List of Sub -Contractors. Seven (7) business days after closing, complete and submit the FINAL List of Sub -contractors. (a) If no sub -contractors will be used please indicate so. 31.3 Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past five (5) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32. SELECTION 32.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 32.2 NO INDIVIDUAL OF ANY USING DEPARTMENT (CITY OF LUBBOCK WATER UTILITIES OR OTHER) HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 32.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 32.4In determining best value for the City, the City is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. 32.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. 33. ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, OFFERORS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 34. PROTEST 34.1 All protests regarding the REP process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the REP process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 35. PREVAILING WAGE RATES 35.1 Offerors are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project. 35.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 35.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. TEXAS GOVERNMENT CODE & 2269 SUBCHAPTER D. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS Sec. 2269.151. CONTRACTS FOR FACILITIES: COMPETITIVE SEALED PROPOSALS. (a) In this chapter, "competitive sealed proposals" is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. (b) In selecting a contractor through competitive sealed proposals, a governmental entity shall follow the procedures provided by this subchapter. Sec. 2269.152. USE OF ARCHITECT OR ENGINEER. The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. Sec. 2269.153. PREPARATION OF REQUEST. The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, and other information that a contractor may require to respond to the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. Sec. 2269.154. EVALUATION OF OFFERORS. (a) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. (b) Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. Sec. 2269.155. SELECTION OF OFFEROR. (a) The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on: (1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and (2) its ranking evaluation. (b) The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. (c) If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM Page Intentionally Left Blank PROPOSAL SUBMITTAL FORM LUMP SUM PROPOSAL CONTRACT DATE: /2—&- 20 ZZ PROJECT NUMBER: RFP 22-16905-DH Replacement of Windows at Silent Wings Museum Proposal of called Offeror) (hereinafter To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in compliance with your Request for Proposals for construction of the referenced project, having carefully examined the plans, specifications, instructions to offerors, notice to offerors and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated. The price to cover all expenses incurred in performing the work required under the contract documents. PROPOSED CONSTRUCTION TIME: 1. Contractors proposed CONSTRUCTION TIME for completion: TOTAL CONSECUTIVE CALENDAR DAYS: too (to Substantial Completion) TOTAL CONSECUTIVE CALENDAR DAYS: qO (to Final Completion)C}raM defiycr� grwra s.s (not to exceed 60 consecutive calendar days to Substantial Completion / 90 consecutive calendar days to Final Completion). Offeror hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 60 Consecutive Calendar Days with final completion within 90 Consecutive Calendar Days as stipulated in the specification and other contract documents. Offeror hereby further agrees to pay to Owner as liquidated damages in the sum of $500 for each consecutive calendar day after substantial completion and liquidated damages in the sum of $500 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. Offeror understands and agrees that this proposal submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Offerors. Offeror understands that the Owner reserves the right to reject any or all proposals and to waive any formality in the proposing. The Offeror agrees that this proposal shall be good for a period of six 60 calendar days after the scheduled closing time for receiving proposals. The undersigned Offeror hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commence work on the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed; as provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. City of Lubbock, TX Public Works RFP 23-16905-DH Replacement of Windows at Silent Wings Museum Johnson General Contractors Group, LLC of Lubbock, TX Extended # Items U�M Cost Base Bid #0-1 Replacement of Windows at Silent Wings Museum. Base bid Lump Sum $229,457.00 consists of the materials and labor for the necessary improvements for the above referenced project, as specified herein. Alternate Bid #1-1 Alternate Pricing for Window Panning System Lump Sum No Bid Total : $229,457.00 Enclosed with this proposal is a Cashier's Check or Certified Check Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of Dollars ($ , which it is agreed shall be collected d retained by the ner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Offerors. Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. C6r pnt,�f vs� h4s zv Sk cL1 (Seal f Offeror is a Corporation) ATTEST: (7orrxQ(3�n s o KD Secretary Offeror acknowledges receipt of the following addenda: Addenda No. Date//- 2.2 —2Z Addenda No. ! DatejL_Jj -Z-2— Addenda No. Date Addenda No. Date Date: /2—b — 20 zz Authorize ignature 20 h n z'X>J (Printed or ed Name) & Vtszo J en e ra �r� n ,rs rByp, Company 11 34-0?Ons_ dress �dL 6 back City, County -71 State Zip Co e Telephone: 1,) Fax: r Email: ,�����t,�J v r FEDE TAX ID or OCIAL SECURITY No. M/WBE Firm: Woman Black American Native American Hispanic American Asian Pacific American Other (Specify) INSURANCE REQUIREMENTS I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certification is required from a Company if the Company has 10 or more full-time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. TEXAS GOVERNMENT CODE 2274 By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that. pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. Agreement Example Review This sample Agreement has been reviewed and ( is acceptable ( ) is acceptable as noted Contractor Acknowledgement In compliance with this solicitation, the undersigned, having examined the solicitation documents, instructions to offerors, documents associated with the request for proposals, and being familiar with the conditions to be met has reviewed the above information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in proposal rejection. By signing below, the terms stated have been reviewed and approved. Company Name: -ZG he*& L Signed By: Print Name and Title: - Date: / Z - 42 — Z Z. rl P ra.L Gro X-P , C-t-L r 00300 - 2 If notified of the acceptance of this proposal within thirty (30) days of the time set for the opening of bids, bidder agrees within ten (10) days of notification, to execute a contract in the form of the City of Lubbock, Standard Form of Agreement Between Owner and Contractor as amended for the above work, for the above stated compensation. BID SECURITY, which the Undersigned agrees to in the form of, a Bid Bond or certified check made payable to the City of Lubbock in an amount equal to5% of the bid, will be required. No bidder may withdraw their bid within 30 days after the actual date of bid opening. Said bid security is attached to this Bid. Upon acceptance of this Bid by Owner, Contractor shall furnish, at the time of the signing of the contract, a PERFORMANCE BOND AND LABOR/MATERIAL PAYMENT BOND, in the amount of 100% of the Contract Price. Surety shall meet requirements specified in Document 00800 - Supplementary Conditions. It is understood that the Owner reserves the right to accept or reject any and all Bids and to waive all formalities in accordance with State law. Respectfully Submitted, By; T2m r./ IjltSO ' �q!(kgbn (it=�tP�Gtl l.Ci1@�ri V70fci� J CLG Title: D w 1 ea- 14 M e-W1 Business Address with Zip Code % (SEAL: IfBidis by Corporation) Z07a�On an (AaC Qq h-F A�� r'.S CX okp � GL � 6 cry /� S AP .1 ta-Q r / 1. t� oaf a .3`0 7 fon dreel Telephone Number with Area Code gp4, 33 Z 4f5 4 ) FAX Number with Area Code 71k- Fill in the applicable information: A Corporation, chartered in the State of, Authorized to do business in the State of Texas. A Partnership, composed of , and and An Individual operating under the name of END BID FORM SOMPO INTERNATIONAL Endurance American Insurance Company Bid Bond Know all men by these presents: That we, the undersigned JOHNSON GENERAL CONTRACTORS GROUP, LLC 3407 40TH STREET, LUBBOCK, TX 79413 , as Principal (hereinafter the "Principal"), and Endurance American Insurance Company Delaware corporation (hereinafter the CITY OF LUBBOCK 1221 Avenue of the Americas, 18th FI, New York, NY 10020 , a "Surety"), are held and firmly bound unto (hereinafter the "Obligee") in the penal sum of 5%OF AMOUNT BID , $ for the payment of which sum the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. Whereas, the Principal has submitted a bid for REPLACEMENT OF WINDOWS AT SILENT WINGS MUSEUM - RFP 22-16905-DH Now, therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in prosecution thereof, or in the event of the failure of the Principal to enter into 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 reasonably 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. The liability of the Surety hereunder shall in no event exceed the lesser of: (a) the penalty hereof; or (b) the difference between the amount specified in the Principal's bid and any larger amount for which the Obligee reasonably contracts with another party to perform the work specified in the Principal's bid. Signed and sealed this 6TH day of DECEMBER 2022 (SEAL) Principal: JOHNSON GENERAL CONTRACTORS GROUP, LLC By: c l'rn z Name &�ROY JOHNSON Surety: Endur e American surannce Company B :��J]� � l Y Name: DA TAYLOR, ATTORNEY IN FACT (Attorney -in -Fact) Endurance American Insurance Company Page 1 of 1 SUR 0205 0716 SOMPO INTERNATIONAL POWER OF ATTORNEY 9395 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: Kirk Killough, Alicia Grumbles, Tracy L. Miller, Mitchell Jennings, James R. Reid, Carey Brent Aycock, Dawn Taylor, Aaron Er is, Mary Ellen Moore, Tricia Balolong as true and lawful Attomey(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and atl purposes, also to execute and deliver on its behal€ as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15rh day of June, 2019, a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15'h day of June, 2019 and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15" day of June, 2019. End ranee Assur6a}nce Corporatio By: ` ` f Richard Appel;_ShcF�& Senior ounceI t SH T, a•, DELAWARE, j Endurance American lnsura cqprslpa J By{� E Richard Appei;,,8VfI-&„ pior Counsel �e can fns4ra x m'. SEAL ., . DELAWARE," t) e Lexon Insurance Company Bond Safeguard )1nuravc7Co par Ric and A el Seni�ounsel Ric and A el ,SVPB, enii pp ,��� pp ..a• $ ACKNOWLEDGEMENT p� Op,0'1q T SEAE e � 9 H •e-�Q.+P 'F � �y...... E.p ; SOUTHDAKOTA INSURANCE Za, COMPANY On this 151h day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that heltlie �"�ivfycer of each of the Companies; and that he executed said instrument an behalf of each Company by authority of his offi under th by ws of each Company•• °R "M 1Ewrf8ElE _ hOfMY By' M.eLIC Amy aylor, Not Public My Commissi$n Expires 519123= CERTIFICATE Qry�: 1, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1, That the original power of attorney ofwhich the foregoing is a copy was duly executed on behalf of each Company and has not since been revokes( amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified: 'RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS, CHRISTOPHER L. SPARRO, MARIANNE L. WILBERT ; and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company.' 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 6TH day of DECEMeER , 2022 By: Dance S. rie, a retary NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC) No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as'Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website — httos:7lwww.treasury.govlresource-centerlsanctionslSON. List, In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage wiil be considered a blocked cr frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonClaimAdministrationP-sompo-intl.com Telephone: 615-653.9500 Mailing Address: Sompo International; 12B90 Lebanon Road; Mount Juliet, TN 37122-2870 Policyholder Notice TEXAS - IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener information o para someter una You may call the company's telephone number for queja: information or to make a complaint at: Usted puede Ilamar al numero de telefono de la compania para information o para someter una queja al: You may write the Company at: Endurance American Insurance Company Attention: Surety 1221 Avenue of the Americas, 18th Floor New York, NY 10020 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance PO Box 149104 Austin, TX 78714-9104 FAX# (512) 490-1007 Web: http://www.tdi. texas.gov E-mail: ConsumerProtection agtdi. texas.gov 1-877-676-7575 Usted tambien puede escribir a: Endurance American Insurance Company Attention: Surety 1221 Avenue of the Americas, 18th Floor New York, NY 10020 Puede communicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas PO Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 Web: http://www.tdi. texas.gov E-mail: ConsumerProtection@tdi. texas_.gov PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene dispute concerning your premium or about a claim una disputa concerniente a su prima o a un you should contact the company first. If the dispute reclamo, debe comunicarse con la compania is not resolved, you may contact the Texas primero. Si no se resuelve la disputa, puede Department of Insurance. entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: This notice UNA ESTE AVISO A SU POLIZA: Este aviso es solo is for information only and does not become a part para proposito de informacion y no se convierte en or condition of the attached document. parte o condition del documento adjunto. Contractors Statement of Qualifications Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process? D. OUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: Coutra bes General Informadon Organization Doing Business As Business Address of Principle Office Telephone Numbers Main Number 3�Z Fax Number ( A Web Site Address "D ICL W"o CO rvu Form of Business (Check One) Corporation I I A Fartuersbip An Individual Daft ofh=Moration - 2&>s5' State of Incorporation "r S ChiefBxecutiveOffices Name President's Name r m .0A Vice President's Name(s) Secretary's Name >r r1 Treasurer's Name Organization ether partnership is general or ;N@ Business Address o J Averago Number of Conmt Full Time Avenge 13atimate of lievenue for the to Ca neat Year Contractor's Organizational Experience r Organization Doing Business As n at - Business; Address of Regional Office 7-210 Name of Regional Office Manager Telephone Numbers Main Number Fax Number Web 5ita Address ; p � , List of names that this orgeniration cm vntly, has or wdicipates operating under over the history of the oration, including the names of related companies pnemjl doing business: Names of Or on From Date To Date noeAv List of companies, firms or organizations that own any part ofthe organization. Name of companies, firms or organization Percent Ownership rience in projects similar to the proposed project: t ral Contractor As a Joint Venture Partner a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? Ifyes provide full details in a separate attachment See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten years? Ifyes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state or federal agency within the last five ears? Vd Ifyes provide full details in a separate attachment See attachment No. Is this organization or yours proposed surety currently in any litigation or contemplating liH lion? Ifyes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? A p� If yes provide full details in a separate attachment. See attachment No. Contractor's Proposed Key Personnel Organization Doing Business As I Tak n--,rm Rri Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart, Include the title and names of key personnel. Include this chartat an attachment to this description. See attachment No. Dr-FICe nc!eanex. cbt Y � JZebda - Pe^o" rya ra Z F�� r ►� J/� e�9 9 C.� afk✓ Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart, Include the title and names ofproposed key personnel and alternates. Include this chart at an attachment to this description. attachment No. (See tr1, (. VJ fL`SP n — G) P1 Ali' 0.� C- rn eti"'] CO �phnao,7 — plreoi e.r pet-�ta�en' Provide information on the key personnel proposed far this project that will provide the following key fWetions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum; technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager a Project Superintendent Project SafetyOti"resr Jair &4 VZ41ev S Quality Control Manager h ILL ASOJ�l If key personnel are to Will more than one of the roles listed above, pfAde a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that wil I be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. Proposed Project Managers on Doing Business Ad p 4wndividualxperience t as Project Manager �- Yews of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion hate i [A va s s a Reference Contact Information (listinsEnamas indicates IV13 val to contactor the names individuals as a reference Name Uck. a C-S Name Title/ Position Title/ Position Organization baA, Phtnbjl�[-- Organization Telephone S. 11 1 ZL4. Telephone E-mail Project a'ecf044 Candidate role on Project Candidates role on Project Name of Individual Years of Experience as Project Manager �- Years of Experience with this organization Number o€similar projects as Project Manager O l- Number of similar projects in other positions a Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Com Ietion Bate i Name i r `Name Title/Position aa:� 04 Cr- Title/Position Organization at )64 tar anization Telephone. Telephone E-mail tt f Akk:" Project Projectk 4 Candidate role on Project t � (�� Candidate role on Project v va !) Ld&- r&L; • C4wL Praposed Project Superintendent Organization Doing Business As Name of Individual Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent F Number of similar projects in other positions g7 Current Project Assignments 'Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date �t -LOzZ -J- ZOIJ Reference Contactiaformation (listingpmes indicates sp oval to contacting the names individuals as a reference Name y Name o el4nA [7 Title) Position 1!r Title/ Position zation Ip Qr tion it= J= 9 Telephone Tel hone 1 E-mail Project 3 Pro eet Candidate role on ect 1q a Candidate role on 'eit rin�e�c Name oflndividual n Years of Experience as Project Superintendent + Years of Experience with this organization LO Number of similar projects as Superintendent p + Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for thisyPro'ect Estimated Project Com letion Date j % l-61 422.9� Z,L urn L is % jig ,..Film Name 1 Name, Title/Position Title/Position Q Organization Organization ri Tele bone Telephone Y E-mail mail Project Project A! Candidate Iole oiPfilp Project Candidate Iole on Project Lkf- Proposed Project Safety Officer Organization Doing Business As rt�n+l h , Name of Individual rei f s u si - r1 S n.? Years of Experience as Project Safety Officer (- Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions pQ Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date n �Z j /p°. 1'ZOzE Reference Contact Information listin mames indicates ap roval to contactingthe names in ' 'duals as a reference Name 12 COt S Title/Position ,- Or tion G I AtA&;n Cc 25 Tel hone > -mail Pro'ect Candidate role on ! dc[ T /+ /' 6 Candidate role om Project Name ofMvidue 1 Jlio o )rn ,�, a Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer d �" Number of similar projects in other positions Zoo t Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date VWW-107Namc Name ♦ Title/ Position tion 1 U e I'tioIl 6IITel hone �' G 3 --0E-mail + ,GProject C� ,. Candidate role on role onProject rnT /!7 lJ CO- M Proposed Project QuaUty Control Manager Organization Doing Business As AS9.1 Name ofludividual e Years of Experience as Quality Control Manager } Years of Experience with This organization 42 Number of similar projects as Quality Manager Re 4- Number of similar projects in other positions OD Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date S C' 2.0 ve a5 r.4Q Z,,Z� Reference Contact tionfistingnames indicates ap roval to contacting the names ' dividuals as a reference Name r s Name �1. Title) Position Title/ Position , Organization Or anization Telephone Telephone B-mail Project Project Candidate role on Project W 4. Candidate role on Project Name ofTndividual ,fib Years ofExperience Bs Quality Control Manager Yeats ofExperience with this organization Number ofsimilar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date n Name Name wvwsil.% Title/ Position Title/ Position r Organization 0! anl7ailon Tel hone Telephone E-mail i Project Project S + Candidate role on Proiect Candidate role on Project v �J cptrL LAAG Contractor's Project Experience and Resources Organization Doing Business As _jp (yam On�� L Provide a list of major projects that are currently undcrrnay, or have been completed within the last ten years on Attachment A Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meetini; HUB / MWBE Participation Goal Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necess Equipment Item Primary Use on Project Own BWiill Lease r11A—� What work will the organization complete using its own resources? C 1 Q O A r 11% (3y� pro CG ON.) What work does the organization propos2 to subcontract on thisproject? C,1Q,:t, , n� ��� coc-t_fi 4L� LC— Attachment A Current Projects and Project Completed within the last 10 Years Project Owner Project Name General Description of Project: Project Cost J,qsra I Date Project CorhpleA— Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name y O Reference Contact Information (listing names indicates approval to conta g he names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Q d Designer ,S Construction Manager rp. Project Owner Project Name General Description of Project: Project Cost ? S Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control er Name O Reference Contact Information (listing names indicates approval to contactQ hfe names IndivideAs as a reference) Name Title/ Position Organization Telephone Email Owner -006? .r /av3 A YL4 Ca Designer ara sh cl,. G SAF S5j Construction Manager AS) Q S - t,3 4' Project Owner EE jJ .✓jf Project Name £jc General Description of Project: y^ s ) r Project Cost 15n Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Mena er Name %/tp r Reference Contact Information (listing names indicates approval to contacting the names individuals A a reference) 31 Name Title/ Position Organization Telephone E-mail Owner Designer e izCi(ba 7qb 21 if 1; M Construction Manager J 1 p / C 6". P•C )m . C23'r w.roc�,fl ,K$ 1,WJ), t,�r, dja.013 Attachment B Pmjeet Owner Project Nome General Description of Project e Budget ilwbM Schedule Faftmance Amount % of Bid Amount Date Days Did s -_ rn Notice to Proceed 2 -J - Zip Zo Change Orders 07, Contract Substantial Completion Data at Notim to Proceed -Zp OwnerBnhancemeats OV, Contract Final CompledanDate at Notice to Proceed y Uafineeeca Conditions 0 nf. Change Order Authorized Substantial Completion Dale 2 • • 2p21 D®gn lwuw Change Order Authorized Final Completion Date • ZVI 7. Total Actual I Estimated Substantial Completion Date 1 t2 wt Fiord Cast Actual! Bg$.0 dFinal Completion Date PmjedMsaagtr Pmj-Sup SdbatyOfficer Qaaliwcontmlm—gar Noma �tSoay3 ? Percentage ofT•.e Devoted w the Project O�% Proposed far this Project GaL it Did Individual Stag and Complete the Project? [ $ lfuco who started or completed the pmject in their place. Rw= far change. am Name Till ition Organiatioa Telephone E-mail Owna IIS7rVid Desigaa y- c , �?A AVID?tnl O 1t Coastraction ManagerCM S f 6 Namber of Issues Resolved Total Amount imolvcd in Resolvedlasues Number of lessee Total Amount imrolved in Pendin is Resolvedlssuca 6tt!A� City of Lubbock, TX Purchasing and Contract Management Safety Record Questionnaire The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the proposer for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four (4) questions and submit them with their proposals: UESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO�� If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? / YES NO If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: iw. 0 u ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be rejected. Signature OtAp Title NON -COLLUSION AFFIDAVIT STATE OF TEXAS LUBBOCK COUNTY being first duly sworn, on his/her oath, says that the bid above submitted it a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said respondent has not directly induced or solicited any firm on the above work or supplies to put in a sham, or any other person or corporation to refrain from a statement of qualifications; and that said firm has not in any manner sought by collusion to secure to self an advantage over any other fum or firms. o Firma �] j 1o�e I �?1r��S Name Signature &'2L4_')V C-)tf l rn eyr) Ly- Title Subscribed and sworn to re me is ��G Notary Public My Commission Expires: 7_ 5 D Z_ day of I .��, 202 i z MARY SUE HOLDER Notary Public, State of Texas Notary lD# 516016-7 My Commission Expires 07-3&202; NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE SUBMISSION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. PROPOSED LIST OF SUB -CONTRACTORS Company Name Location Services Provided Can`�G`i- Ca�ccS� 1 i1()f2.2c &4&1%In* Q Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR RESPONSE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO ` SUBMITTED BY: r �o v�,ti5o,r. �c.� e •r �L Co ��Y c��s L� ro � l.L� PRINT NAME OF COMPANY POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when responses are due. FINAL LIST OF SUB -CONTRACTORS Page Intentionally Left Blank FINAL LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No tc I. _CC_.-o ° ®' 2. ❑ ❑ 3. ❑ ❑ 4. ❑ ❑ 5. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ SUBMITTED BY: `1 vYt�'?Son Genef0A C�n�rro-c_�cs(�o�, LL-"— (PRINT NAME OF COMPANY) THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER TILL' CLOSE DATE WHEN RESPONSES ARE DUE IF NO SUB-CONT'>ACTOPS WILL BE USED PLEASE INDICATE SO Page Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that Johnson General Contractors Group, LLC (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount Two Hundred Twenty -Nine Thousand Four Hundred Fifty - Seven Dollars ($229,457.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated loth day of January, 2023, to RFP 22-16905-DH Replacement of Windows at Silent Wings Museum and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 2023. Surety By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) 1 Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By: Approved as to form: City of Lubbock By: City Attorney (Title) * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Page Intentionally Left Blank PERFORMANCE BOND Page Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Johnson General Contractors Group, LLC (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Two Hundred Twenty -Nine Thousand Four Hundred Fifty -Seven Dollars ($229,457.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated loth day of January, 2023, to RFP 22-16114-TF 114th Street Paving Improvements Slide Road to Quaker Avenue and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of , 2023. Surety * By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Pate Intentionally Left Blank CERTIFICATE OF INSURANCE Page Intentionally Left Blank / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 1/11/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Higginbotham Insurance Agency, Inc. 9111 Milwaukee Ave. Lubbock TX 79424 CONTACT NAME: Lily Garza PHONE FAx A/C No Ext : 806-798-2700 A/C No): 806-798-2070 ADDRESS: Igarza@higginbotham.net INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Evanston Insurance Company 35378 INSURED JOHNGEN-01 Johnson General Contractors Group LLC 3407 40th Street INSURER B : Texas Mutual Insurance Company 22945 INsuRERc: Mercury County Mutual Insurance Company 29394 INSURER D : Lubbock TX 79413 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:213828940 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 3AA626431 12/15/2022 12/15/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR TED PREMISES (Ea oDAMAGE TO ccurrence) $ 100,000 X MED EXP (Any one person) $ 5,000 BI/PD 2,500 Ded PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 1,000,000 $ OTHER: C AUTOMOBILE LIABILITY BA420000021151 12/15/2022 12/15/2023 COEaMBINED accident SINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR EZXS3102094 1/10/2023 12/15/2023 EACH OCCURRENCE $ 4,000,000 X AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 0001304500 12/15/2022 12/15/2023 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: RFP 22-16905 DH Replacement of Windows at Silent Wings Museum. The General Liability and Automobile Liability policies include a blanket automatic additional insured endorsement that provides additional insured status when there is a written contract between the named insured and the certificate holder that requires such status. Primary & Non Contributory basis. The General Liability, Automobile Liability and Workers' Compensation policies include a blanket waiver of subrogation endorsement to the certificate holder when there is a written contract between the named insured and the certificate holder that requires such status. 30 Day Notice of Cancellation provision applies except for Non Payment. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Lubbock ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing & Contract Management AUTHORIZED REPRESENTATIVE BOX LubbockLTX 7 TX 9457 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER. 3AA626431 IRK EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies Insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additlonai Premiumr $Included (Check box it fully earned ®) Please refer to each Coverage Form to determine which terms are defined Words shown In quotations on this endorsement may or may not be defined In all Coverage Forms, A. Who Is An Insured Is amended to Include as an additional Insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily Injury", "property damage" (including "bodily Injury" and "property damage" included in the'produds•completed operations hazard"), and "personal and advertising Injury" caused, in whale or In part, by the negligent ads or emissions of the Named Insured and only with respect to any coverage not otherwise excluded In the policy, However: 1. The insurance afforded to such additional Insured only applies to the extent permitted bylaw, and 2. The insurance afforded to such additional Insured will not be broader than that which you are required by the valid written contractor agreement to provide for such addllonal Insured Our agreement to accept an additional Insured provision in a valid written contract or agreement Is riot an acceptance of any other provisions of such contract or agreement or the contract or agreement In total, When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured, No coverage applies to such addifianai insured for injury ordamago of any type to any "employee" of the Named Insured or to any obligation of the additional Insured to Indemnify another because of damages arising out of such Injury or damage. B. With respect to the Insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf orthe additional Insured is the amount of Insurance: 1. Required by the valid written contract or agreement; or 2. Available under the applicable limits or Insurance shown in the Declarations; whichever Is less. This endorsement shall not Increase the applicable limits of insurance shown In the Declarations All other terms and conditions remain unchanged, MEGL 0000.01 001a Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission, POLICY NUMBER: 3AA626431 COMMERCIAL GENERAL LIABILITY CO 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEOt1LE Name Of Add@fonul Insured Person(s) Or Or nnizntlon s Location And Description Of Completed Operations As Per Written Contract As Per Written Contract Information reuired to complete this Schedule If not shown above will be shown in the Declarations. A. Section 11- Who Is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury" or property damage" caused, In whole or In part, by your work" at the location designated and described In the Schedule of this endorsement performed for that additional Insured and Included In the "products -competed operations hazard". However: 1. The Insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured Is required by a contract or agreement, the Insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such addtional insured. B. Wllh respect to the Insurance afforded to these additional Insureds, the following is added to Section Ili —Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of Insurance 1. Required by the contractor agreement, or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever Is less This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations CG 2037 0413 0 Insurance Services Office, Inc, 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY oil POLICY NUMBER! 3AA626431 nAARK�" EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person or Organrxatfont Any person(s) or organtzation(s) with whom the Named Insured agrees, In a written contract executed prior to the "occurrence", to waive rights of recovery Additional Premium: $ Included The following is added to Condition 8, Transfer Of Rights Of Recovery Against Others To Us under Section IV - Commerclai General Liability Conditions We waive any right or recovery we may have against any person or organization shown In the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of (his endorsement. All other terms and conditions remain unchanged. MEGL 0241.01 051E includes copyrighted material of Insurance Services Office, [no, Page 1 of 1 with Its permission COMMERCIAL GENERAL LIABILITY CG 20 010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modilies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance (2) You have agreed in writing In a contract or Condition and supersedes any provision to the agreement that this Insurance would be contrary: primary and would not seek contribution Primary And NoncontdbutoryInsurance from arty other Insurance available to the This insurance is primary to and will not seek additional Insured. contribution from any other Insurance available to an additional Insured under your policy provided that: (1) The additional Insured Is a Named Insured under such other Insurance; and C0 20 0104 13 Q Insurance Services Office, Inc., 2012 Page 1 of 1 Tpexasmut ®R WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/16/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001304500 of Texas Mutual Insurance Company effective on 12/15/22 Issued to: JOHNSON GENERAL CONTRACTORS GROUP LLC This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmulual.com 1 (800) 859-5995 1 Fax (800) 359-0650 Authorized representative 1va/22 WC420304B CONTRACT Pate Intentionally Left Blank 1 Contract 16905 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 10`h day of January, 2023 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Johnson General Contractors Group, LLC of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: RFP 22-16905-DH Replacement of Windows at Silent Wings Museum 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. Johnson General Contractors Group, LLC.'s proposal dated December 06, 2022 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, ® Texas in the year and day first above written. CONTRACTOR: CITY OF LUB O AS (OWNER): Johnson General Contractors Group, LLC By: Tray P , By: ATTEST: PRINTED A7 E: TITLE: Rebec a Garza, City Secreta COMPLETE ADDRESS: APPROVED AS TO CONTENT: Johnson General Contractors Group, LLC T�� 3407 40th Street Facilities Rfepresentative Lubbock Texas 79413 ATTEST: Name (Print) Date P VED A TO FORM: Corporate Secretary ~ elli Leisure Assistant CityAttorney Y 7 Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Johnson General Contractors Group, LLC who has agreed to perform the work embraced in this contract, or their legal representative. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Rodney Unrein, Facilities Management /Prof ect Manager, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative (as distinguished from Resident Project Representative(s))has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors, as distinguished from Resident Project Representative, as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any person or persons on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or persons shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require 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 such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work, as estimated by the Engineer and approved by the Owner.. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workers, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C) (1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and Engineer and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. COPIES OF THE ENDORSEMENTS ARE REQUIRED. Commercial General Liability Requirements: $1 M occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Commercial General Liability to include Products - Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person). Commercial General Liability Airport Requirements: Automatically add Excess Liability per the following: • $4M for $ 1 M/occurrence for a total of $5M Commercial General Liability Heavy Equipment Endorsement: Heavy equipment endorsement is required Automobile Liability Requirements: $1 M/occurrence is needed Builder's Risk Requirements: Builder's Risk Insurance is needed for this project, and at a minimum, the insurance should cover the full insurable value of the improvements. Workers Compensation Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers- Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license .. Employer Liability ($1 M) is required with Workers Compensation. * The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. * Waivers of Subrogation are required for CGL, AL, and WC. * To Include Products of Completed Operations endorsement. * Carrier will provide a 30-day written notice of cancellation, I 0-day written notice for non-payment. * Carriers must meet a A.M. Best rating of A- or better. * Subcontractors must carry same limits as listed above 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 800-372-7713 or 512-804-4000 (www.tdi.state.tx-us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and Engineer and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner and Engineer, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner and Engineer and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to proposing and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising there from. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the Notice to Proceed and contract documents, respectively, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. If the Contractor should neglect, fail, or refuse to Finally complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall fail to meet the time requirements stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work in such order of precedence, and in such manner as shall be most conductive to economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Further, when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project Representative) may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than within twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workers, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project, provided that the over run or under run of estimated quantities not exceed 15% of the estimated quantity. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and Engineer, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely fled as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less: (i) in the event the total value of the contract is five million dollars or more, 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents; or (ii) in the event the total value of the contract is less than five million dollars, 10% or less, of the amount thereof, which percentage shall be retained until final payment, and further, less all previous payments and all further sums may be retained by Owner under the terms of the contract documents ("Retainage"). If Contractor engages a sub -contractor to perform all or part of Contractor's work under the contract, the Contractor shall not withhold a greater percentage of Retainage than the percentage set out in in this section pertaining to the Contractor. Contractor shall likewise require any subcontractor it engages to comply with section 2252.032 of the Texas Government Code. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within fifteen (15) calendar days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. The work will be deemed substantially complete when the work (or a specified portion thereof) has progressed to the point where, in the opinion of the Owner or Owner's Representative, the work (or a specified portion thereof) is sufficiently complete, in accordance with all the contract documents, including the Proposal and all applicable technical specifications, so that the work (or a specified portion thereof) can be utilized for the purposes for which it is intended without unscheduled disruption. Owner may, in its sole discretion, release all or a portion of the Retainage upon Owner's receipt of the certificate of substantial completion for all of the work or a specified portion thereof. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. Owner may, in its sole discretion, release all or a portion of the Retainage for fully completed and accepted portions of the work. Notwithstanding the foregoing, Owner may withhold the Retainage if there is a bona fide dispute between Owner and Contractor according to section 2252.032(f) of the Texas Government Code. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims, (c) Damage to another contractor, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of persons and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed proposals, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. CONTRACTOR ACKNOWLEDGES Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 60. LABOR CODE CHAPTER 214 Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code, shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the person directly retains and compensates for services performed in connection with the contract. (b) In this subsection, "subcontractor" means a person directly retained and compensated by a person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code. A subcontractor shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the subcontractor directly retains and compensates for services performed in connection with the contract for which the subcontractor is retained. (c) A person who fails to properly classify an individual as required by Subsection (a) or (b) shall pay to the commission a penalty equal to $200 for each individual that the person has not properly classified. (d) The commission may not take action to collect a penalty under this section from a person after the third anniversary of the date on which the violation occurred. 61. CERTIFICATE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: https:Hci.lubbock.tx.us/departments/purchasing/vendor-information 62. TEXAS GOVERNMENT CODE SECTION 2252.152 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 63. TEXAS GOVERNMENT CODE SECTION 2271.002 Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 64. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 65. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 66. CONFIDENTIALITY The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 67. INDEMNITY The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 68. PROFESSIONAL RESPONSIBILITY All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. 69. TEXAS SENATE BILL 219 SUBCHAPTER B ITEMS B AND C (b) A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications, or other design documents, disclose in writing to the person with whom the contractor enters into a contract the existence of any known defect in the plans, specifications, or other design documents that is discovered by the contractor, or that reasonably should have been discovered by the contractor using diligence, before or during construction. In this subsection, ordinary diligence means the observations of the plans, specifications, or other design documents or the improvement to real property that a contractor would make in the reasonable preparation of a bid or fulfillment of its scope of work under normal circumstances. Ordinary diligence does not require that the contractor engage a person licensed or registered under Title 6, Occupations Code, or any other person with specialized skills. A disclosure under this subsection is made in the contractor's capacity as contractor and not as a licensed professional under Title 6, Occupations Code. (c) A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the consequences of defects that result from the failure to disclose. DAVIS BACON WAGE DETERMINATIONS Page Intentionally Left Blank "General Decision Number: TX20220280 10/14/2022 Superseded General Decision Number: TX20210280 State: Texas Construction Type: Building Counties: Crosby and Lubbock Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered . Executive Order 14026 into on or after January 30, generally applies to the 2022, or the contract is contract. renewed or extended (e.g., an 1. The contractor must pay option is exercised) on or all covered workers at after January 30, 2022: least $15.00 per hour (or I I the applicable wage rate I I I listed on this wage determination, if it is higher) for all hours I I I spent performing on the I I contract in 2022. I I If the contract was awarded on 1. Executive Order 13658 I I or between January 1, 2015 and I generally applies to the (January 29, 2022, and the I contract. I I contract is not renewed or I . The contractor must pay all I I extended on or after January I covered workers at least I 130, 2022: I $11.25 per hour (or the I I applicable wage rate listed I I I on this wage determination, I I if it is higher) for all I I I hours spent performing on I I I that contract in 2022. I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.doI.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/25/2022 2 03/25/2022 3 08/05/2022 4 10/14/2022 BOI L0074-003 01/01/2021 Rates Fringes BOILERMAKER ...................... $ 29.47 24.10 CARP0665-00101/01/2022 Rates Fringes CARPENTER ........................ $ 24.98 7.83 * ELEC0602-008 09/01/2022 Rates Fringes ELECTRICIAN ...................... $ 26.07 12.63 ENG10178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane ............. $ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above ..... $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under .............. $ 32.35 13.10 IRON 0084-01106/01/2022 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 26.76 7.88 IRON0263-003 06/01/2022 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 27.14 7.68 PLUM 0404-001 09/01/2020 Rates Fringes PLUMBER .......................... $ 26.05 8.81 SH E E0049-00104/01/2019 Rates Fringes SHEET METALWORKER (HVAC Duct Installation Only) ............... $ 21.73 14.94 * SUTX2014-060 07/21/2014 Rates Fringes BRICKLAYER ....................... $ 20.04 0.00 CEMENT MASON/CONCRETE FINISHER ... $ 19.60 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) ............... $ 19.77 7.13 IRONWORKER, REINFORCING .......... $ 12.27 ** 0.00 LABORER: Common or General ...... $ 12.35 ** 0.00 LABORER: Mason Tender - Brick ... $ 11.36 ** 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 10.58 ** 0.00 LABORER: Pipelayer..............$ 12.49 ** 2.13 LABORER: Roof Tearoff........... $ 11.28 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 14.25 ** 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 13.93 ** 0.00 OPERATOR: Bulldozer ............. $ 18.29 1.31 OPERATOR: Drill ................. $ 16.22 0.34 OPERATOR: Forklift ..............$ 14.83 ** 0.00 OPERATOR: Grader/Blade .......... $ 13.37 ** 0.00 OPERATOR: Loader ................$ 13.55 ** 0.94 OPERATOR: Mechanic .............. $ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.03 0.00 OPERATOR: Roller ................$ 12.70 ** 0.00 PAINTER (Brush, Roller, and Spray) ...........................$ 14.27 ** 0.00 ROOFER ...........................$ 13.75 ** 0.00 SHEET METALWORKER, Excludes HVAC Duct Installation ........... $ 21.13 6.53 TILE FINISHER ....................$ 11.22 ** 0.00 TILE SETTER ......................$ 14.00 ** 2.01 TRUCK DRIVER: Dump Truck ........ $ 12.39 ** 1.18 TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................$ 12.50 ** 0.00 TRUCK DRIVER: Water Truck ....... $ 12.00 ** 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" EXHIBIT C City of Lubbock Overtime Legal Holiday Prevailing Wage Rates The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. The rate for legal holidays shall be as required by the Fair Labor Standard SPECIFICATIONS Page Intentionally Left Blank Project Book City of bock TEXAS Tower Window Replacements Silent Wings Museum 6202 N. I-27 Lubbock, TX 79403 September 12, 2022 (1 1 Chapman Harvey Architects, Inc. 612 Broadway Lubbock, Texas 79401 806-749-1153 Set No. No Text .September 12, 2022 City of Lubbock Tower Window Replacements Silent Wings Museum 6202 N. Interstate 27 Lubbock, TX 79403 September 12, 2022 Chapman Harvey Architects, Inc. CHA, Inc. Project 2208 Table of Contents Division 1 General Reauirements 00300 Bid Form 01010 Summary of Work 01040 Coordination and Meetings 01090 Reference Standards 01300 Submittals 01400 Quality Control 01500 Construction Facilities 01600 Material and Equipment 01700 Contract Closeout Division 2 Site Work 02050 Demolition Division 3 Concrete Not Used Division 4 Mason Not Used Division 5 Metals Not Used Division 6 Wood and Plastic 06100 Rough Carpentry Division 7 Thermal and Moisture Protection 07900 Joint Sealers Division 8 Doors and Windows 08520 Aluminum Windows Division 9 Finishes P" © 2022 Chapman Harvey Architects, Inc. Unauthorized duplication prohibited. TABLE OF CONTENTS TC - 1 .September 12, 2022 09200 Interior Plaster Patching 09260 Gypsum Board Systems 09900 Painting Division 10 Specialties Not Used Division 11 Equipment Not Used Division 12 Furnishings Not Used Division 13 Special Construction Not Used Division 14 Conveying Systems Not Used Division 15 Mechanical Not Used Division 16 Electrical Not Used © 2022 Chapman Harvey Architects, Inc. Unauthorized duplication prohibited. TABLE OF CONTENTS TC - 2 00300 - 1 Date: 2022 C$ ./`1►l:"ui�l OWNER'S ADDRESS BID SUBMITTED BY: BID FORM CITY of LUBBOCK DIRECTOR of PURCHASING 1314 AVENUE K LUBBOCK, TEXAS 79401 The undersigned, having carefully examined the specifications, drawings, and related documents entitled: Tower Window Replacements Silent Wings Museum 6202 N. Interstate 27 Lubbock, TX 79403 all as prepared by Chapman Harvey Architects Inc., 612 Broadway, Lubbock, Texas, as well as having made an on - site inspection of the premises and all other conditions affecting the cost and/or execution of the work, proposes to furnish all materials, labor, and equipment necessary to complete the work in accordance with said documents, of which this bid is a part, for the following sum: BASE BID The undersigned acknowledges receipt of Dollars ($ ) addenda to the Drawings and Specifications as follows: No. Date No. Date No. Date No. Date No. Date No. Date (The Bidder is to fill in I.D. Number and date of each thereby acknowledging receipt of addenda). If awarded the contract, the undersigned agrees to commence work under this contract on or before a date to be specified in a written Construction Notice to Proceed and to complete the project within the calendar days stipulated below from said date, unless modified by change order, and agrees to pay the Owner $500.00 per calendar day as liquidated damages for each day the completion of this project extends beyond the stipulated completion date. Project (Base Bid) calendar days. 00300 - 2 If notified of the acceptance of this proposal within thirty (30) days of the time set for the opening of bids, bidder agrees within ten (10) days of notification, to execute a contract in the form of the City of Lubbock, Standard Form of Agreement Between Owner and Contractor as amended for the above work, for the above stated compensation. BID SECURITY, which the Undersigned agrees to in the form of, a Bid Bond or certified check made payable to the City of Lubbock in an amount equal to5% of the bid, will be required. No bidder may withdraw their bid within 30 days after the actual date of bid opening. Said bid security is attached to this Bid. Upon acceptance of this Bid by Owner, Contractor shall furnish, at the time of the signing of the contract, a PERFORMANCE BOND AND LABOR/MATERIAL PAYMENT BOND, in the amount of 100% of the Contract Price. Surety shall meet requirements specified in Document 00800 - Supplementary Conditions. It is understood that the Owner reserves the right to accept or reject any and all Bids and to waive all formalities in accordance with State law. Respectfully Submitted, By: Title: Business Address with Zip Code Telephone Number with Area Code FAX Number with Area Code A Corporation, chartered in the State of A Partnership, composed of _ and (SEAL: If Bid is by Corporation) Fill in the applicable information: An Individual operating under the name of Authorized to do business in the State of Texas. END BID FORM and September 12, 2022 SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Work covered by Contract Documents. B. Owner's responsibilities. C. Contractor's use of site and premises. D. Owner occupancy of the facility. E. Project completion time. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Work of this project includes all items shown and/or described in the bid documents for the replacement of windows as shown on the drawings. B. Work of this project includes limited wall repair as shown on the drawings. C. Work of this project must be carefully coordinated with the Museum as far as scheduling and execution. All work affecting occupied spaces must be scheduled and executed as authorized by Museum administration. The facility will remain operational and functioning throughout the project. 1.4 COORDINATION OF HAZARDOUS MATERIAL A. An asbestos investigation indicates asbestos -containing materials have been removed from the facility. B. If any materials are discovered, which are suspected of containing asbestos, the general contractor shall notify the owner's representative immediately. If unforeseen friable ACM is discovered in the work area specified herein, the general contractor shall stop all work until notified by fax/letter for the owner's representative to resume. No additional compensation will be allowed of any delay caused by the discovery of additional ACM. C. If utilized, the asbestos abatement contractor shall notify the City of Lubbock Asbestos Coordinator when his work weekend is scheduled. Ten (10) days notice is needed to clear some areas for abatement work. The responsible parties shall coordinate the abatement work in a manner which is least disturbing to Museum operations. 1.5 OWNER'S RESPONSIBILITIES 820. 2ff p>HeaioXp %,hbtff Ine SUMMARY OF WORK 01010 - 1 nau oriz September 12, 2022 A. Assist the contractor in maintaining job site safety by instructing employees and visitors of the potential dangers at the site. B. Provide access for the contractor to portions of the existing site as may be required for this project. C. Provide parking area for contractor's employees. D. Provide moving of stored items. 1.6 CONTRACTOR'S USE OF SITE AND PREMISES A. Limit the use of site and premises to allow: 1. Owner occupancy. 2. Work by others. 3. Use of site and adjacent building premises. 1.7 OWNER OCCUPANCY A. Owner will occupy the facility during the window replacements. The Museum will arrange the moving of stored items away from affected walls and windows. B. The general contractor is to schedule work with the sub -contractors so that they remove only the number of windows that can be re -installed on the next day. C. No window removal is to occur until windows are on site and ready for installation. Once removed, the contractor shall install blocking and the replacement window units on the next day. D. Contractor is responsible for providing plywood and other materials necessary for temporary daily enclosure of openings and seeing that said openings are enclosed and secure prior to leaving the jobsite at the end of the workday. E. Cooperate with owner to minimize conflict, and to facilitate owner's operations. 1. Temporary interruptions must be scheduled at least 48 hours in advance with the architect. F. Schedule the work to accommodate these requirements. G. Contractor is responsible for the safety of visitors to the job site. 1.8 PROJECT COMPLETION TIME A. The entire scope of work included in this contract and described herein shall reach substantial completion within the number of calendar days submitted in the proposal. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION 2oa c1 p 1e hoop ihb` &,1nc. SUMMARY OF WORK 01010 - 2 nau September 12, 2022 SECTION 01040 COORDINATION AND MEETINGS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Coordination. B. Renovation project procedures. C. Existing conditions. D. Pre -Construction conference. E. Permit Review 1.3 COORDINATION A. Contractor shall coordinate scheduling, submittals, and work of the various sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. A separate project schedule shall be provided by the contractor. C. Do not commence work at the site, until all the materials and equipment to be incorporated into the project are on the site or within one day of delivery to the site. D. The contractor shall schedule and coordinate the work so that once Notice to Proceed is given and work commences, the work will progress continually without interruption until the work at the site is substantially completed. E. Contractor shall coordinate completion and clean up of work in preparation for substantial completion. F. Contractor shall coordinate all construction activities and storage of materials with the architect and owner representative to minimize disruption of activities at the sites. The facilities shall continue their daily activities throughout the life of this contract. 1.4 RENOVATION PROJECT PROCEDURES A. Materials: As specified in product sections; match existing products and work for patching and extending work. B. Remove, cut, and patch work in a manner to minimize damage and to provide a means of restoring products and finishes to Owner acceptable condition. OnaulGorizeup)Hea�horipror63R�fetd' 1ne. COORDINATION AND MEETINGS 01040 - 1 September 12, 2022 1.5 1.6 C. Where new work abuts or aligns with existing, perform a smooth and even transition. Patched work to match existing adjacent work in texture and appearance. Notify architect if conditions will not allow an acceptable transition. D. When finished surfaces are cut so that a smooth transition with new work is not possible, terminate existing surface along a straight line at a natural line of division and make recommendation to the architect. PRE -CONSTRUCTION CONFERENCE A. Attendance: After award of contract and prior to start of construction, contractor's direct representative, major subcontractors, owner's employees responsible for project, architects and engineers shall attend conference. Time and location as mutually agreed. B. Agenda: 1. Execution of Owner -Contractor Agreement. 2. Delivery of Notice to Proceed. 3. Designation of personnel representing the parties in contract and contact information. 4. Submission of executed bonds and insurance certificates. 5. Distribution of Contract Documents. 6. Submission of list of subcontractors and product suppliers. 7. Submission of Schedule of Values and format of monthly progress schedule. 8. Establish periodic coordination meeting schedule and which subcontractors to attend. 9. Chain of command and processing of request for information, change order request. 10. Procedures for processing submittals, applications for payments. 11. Contract closeout procedures and final application for payment. 12. Use of premises by owner and contractor, where to park, where to stage material. 13. Owner's requirements and restrictions on the site. 14. Security of job site, safety procedures, and general housekeeping issues. 15. Procedures for maintaining record documents, shop drawings, and construction set. 16. Review of Texas Accessibility Standards and any TDLR plan review comments. 17. Review of building permit application and any municipal plan review comments. 18. Any other items that have not been discussed. Permit Review Meeting A. The term City is used as the governing agency having jurisdiction over this project. If a building permit is issued by a governing body other than a City, then the word City is to be substituted with agency's correct title. Conditions and obligations of this sub -section remain the same no matter the agency's name. B. Within five business days of receipt, the General Contractor shall provide written notification to the architect that the City's building permit has been received by the contractor. The same format shall be followed for any and all subsequent permits issued by the City and received by the contractor that are a part of this project — street right-of-way permit, sign permit, etc. C. The General Contractor shall schedule a permit review meeting with the architect for each permit received. A building permit review meeting shall take place prior to the first pay application. The purpose of these meetings is for the General Contractor's field superintendent and project manager to sit down with the architect to review each of the City's plan review comments and work toward a solution for each comment. In the event that the City has no review comments, this meeting will serve as confirmation to the architect that there were no comments. This meeting is to happen even though there may not be any City plan review comments associated with the permit. OnaulGorize up)Hca�horipror63t�fff 1ne. COORDINATION AND MEETINGS 01040 - 2 September 12, 2022 D. It will be the architect's responsibility to keep the Owner informed of the progress made on any plan review comments included in the City's plan review response. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION 8nau�5or2TTprcat�i gprb%h It�e�°I1CCOORDINATION AND MEETINGS 01040 - 3 No Text September 12, 2022 SECTION 01090 REFERENCE STANDARDS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance. B. Schedule of references. C. Adherence to accessibility standards. 1.3 RELATED SECTIONS A. General Conditions: Reference Standards. 1.4 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date of contract documents. C. Obtain copies of standards when required by contract documents. D. Should specified reference standards conflict with contract documents, request clarification from architect before proceeding. E. The contractual relationship of the parties to the contract shall not be altered from the contract documents by mention or inference otherwise in any reference document. 1.5 SCHEDULE OF REFERENCES AA Aluminum Association AABC Associated Air Balance Council AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ADA Americans with Disabilities Act ADC Air Diffusion Council AGA American Gas Association © Chapman HarveyArchitectsinc. REFERENCE STANDARDS 01090 - 1 Unauthorized duplicationion prohibited.. AGC Associated General Contractors of America AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AMCA Air Movement and Control Association ANSI American National Standards Institute APA American Plywood Association ARI Air -Conditioning and Refrigeration Institute ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood -Preservers' Association AWS American Welding Society AWWA American Water Works Association BHMA Builder's Hardware Manufacturer Association BIA Brick Institute of America CDA Copper Development Association CLFMI Chain Link Fence Manufacturers Institute CPSC Consumer Product Safety Commission CRSI Concrete Reinforcing Steel Institute DHI Door and Hardware Institute EJMA Expansion Joint Manufacturers Association FGMA Flat Glass Marketing Association FM Factory Mutual System FS Federal Specification GA Gypsum Association ICBO International Conference of Building Officials © 2022 Chapman Harvey Architects, Inc. unauthorized duplication prohibited. REFERENCE STANDARDS 01090 - 2 IEEE Institute of Electrical and Electronics Engineers MBMA Metal Building Manufacturers Association. ML/SFA Metal Lath/Steel Framing Association NAAMM National Association of Architectural Metal Manufacturers NCMA National Concrete Masonry Association NECA National Electrical Contractor Association NEMA National Electrical Manufacturers' Association NFPA National Fire Protection Association NPCA National Paint and Coating Association NRCA National Roofing Contractor Association NWMA National Woodwork Manufacturers Association OSHA Occupational Safety and Health Administration PCA Portland Cement Association PS Product Standard RMA Rubber Manufacturers Association SDI Steel Deck Institute SDI Steel Door Institute SGCC Safety Glazing Certification Council SJI Steel Joist Institute SMACNA Sheet Metal and Air Conditioning Contractors' Association SSPC Steel Structures Painting Council TAS Texas Accessibility Standards TCA Tile Council of America, Inc. UL Underwriters' Laboratories, Inc. WCLIB West Coast Lumber Inspection Bureau WRI Wire Reinforcement Institute WWPA Western Wood Products Association © 2022 Chapman Harvey Architects, Inc. Unauthorized duplication prohibited. REFERENCE STANDARDS 01090 - 3 WWPA Woven Wire Products Association PART2 PRODUCTS NOT USED PART 3 EXECUTION 3.1 The general contractor and all sub -contractors constructing, installing, or providing materials for this project shall provide and/or install building components that comply with these standards. 3.2 Special attention shall be given to Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) criteria. The contractors shall make themselves knowledgeable of ADA and TAS criteria and shall comply with the latest adopted version of these standards and acts. END OF SECTION © 2022 Chapman Harvey Architects, Inc. Unauthorized duplication prohibited. REFERENCE STANDARDS 01090 - 4 September 12, 2022 SECTION 01230 ALTERNATES, UNIT PRICES AND OWNER PROVIDED ITEMS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. ALTERNATES: First Add Alternative — All work associated with Window Panning Option B. UNIT PRICES: Contractor to provide unit price for each installation of optional window panning system as indicated on the plans. Unit price may be used to add the panning system to some or all windows in the project. C. OWNER PROVIDED ITEMS: Contractor to install the following owner provided items: NA PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION © auth Chapman Harvey ion prohibited."" ALTERNATES UNIT PRICES AND OWNER PROVIDED ITEMS 01230 - 1 Unauthorized duplication prohibited. � No Text September 12, 2022 SECTION 01300 SUBMITTALS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Submittal procedures. B. Schedule of Values. C. Construction Progress Schedules. D. Application for Payment. E. Shop drawings. F. Samples. G. Change Procedures. H. Manufacturer's instructions. L Manufacturer's certificates. J. Submittal Schedule. K. AIA Form G702 - Application and Certificate for Payment. L. AIA Form G703 - Continuation Sheet. 1.3 RELATED SECTIONS A. Section 01700 - Contract Closeout: Contract warranty and closeout submittals. 1.4 SUBMITTAL PROCEDURES A. Transmit each submittal with AIA Form G810 or contractor's standard preprinted transmittal form. Identify the project title, project number, numbers of copies submitted, notice of deviation from contract documents and any other pertinent data. B. Sequentially number the transmittal forms. C. Identify project, contractor, subcontractors or supplier; pertinent drawing sheet and detail number(s), and specification section number, as appropriate. D. Coordinate and schedule submittals to expedite the project. E. Deliver all copies of the submittals to the architect's business address. Ona° o e ap)HC.V.$prorhbb gW, Ina SUBMITTALS 01300 - 1 September 12, 2022 1.5 SCHEDULE OF VALUES A. Using AIA Form G703 - Application and Certificate for Payment, Continuation Sheet, submit Schedule of Values to Architect. B. Submit Schedule of Values within 15 days after date established in Notice to Proceed. Provide two copies. C. Use the Table of Contents to establish Schedule of Values format. Identify each line item with number and title of the specification section. D. Include in each line item any amount of Allowances specified in the project. E. Include within each line -item Contractor's overhead and profit. F. Each application, revise schedule to list approved Change Orders to date. 1.6 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date established in Notice to Proceed for architect's review. B. Revise and resubmit as required. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each major section of work or operation, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. F. Indicate estimated percentage of completion for each item of work at each submission. G. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates, including those furnished by owner and under allowances. 1.7 APPLICATIONS FOR PAYMENT A. Submit three copies of each application on AIA Form G702 - Application and Certificate for Payment and AIA G703 - Continuation Sheet. B. Utilize Schedule of Values for listing items in Application for Payment. C. Payment period to be as defined in Owner -Contractor Agreement. D. Include one copy of waiver of liens from each subcontractor. 1.8 SHOP DRAWINGS A. Submit shop drawings with all product literature, cut sheets, and photographs in a bound format. Ona° o e ap)HoaaVo$prorhbt&g Ina SUBMITTALS 01300 - 2 September 12, 2022 B. Submit the number of copies which the contractor requires, plus three copies which will be retained by the architect and owner. The architect will deliver two copies to owner for their review and comment. C. Mark in non -red ink each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this project. The architect's review comments will be in RED INK. D. Apply contractor's stamp, signed, or initialed certifying that review, verification of products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the work and contract documents. Submittals delivered to the architect for review that have not been stamped and initialed will be returned without review. E. Identify variations from contract documents and product or system limitations which may be detrimental to successful performance of the completed work. F. Provide space for architect's review stamps. G. Revise and resubmit shop drawings as required, identify all changes made since previous submittal. H. Distribute copies of reviewed and approved shop drawings to concerned parties. Instruct parties to promptly report any inability to comply with provisions. I. Provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.9 SHOP DRAWING REVIEW A. The architect shall affix a stamp upon the submittal with appropriate wording stating if submittal is accepted, accepted with noted revisions, revise and re -submit, or rejected. Rejected submittals are to be completely re -worked, assigned a new submittal number, and submitted as a new submittal. B. The architect shall provide copies of the submittal to the owner for the owner's review at the same time the architect is reviewing shop drawings. C. The contractor shall not begin work or order material for which a submittal is required until a submittal has been stamped accepted or accepted with noted revisions and returned to the contractor. D. Schedule submissions at least 14 working days before date reviewed submittal will be needed. The architect shall be allowed 14 working days for each submittal review. E. The architect shall notify the contractor when submittals are reviewed and ready for inclusion into the project. F. The architect shall review the same shop drawing submittal no more than two times. If more than two submittals are required in order to achieve an accepted submittal, the contractor shall be charged $100.00 per hour for each review beyond the initial two. The architect's review fee shall be paid by the contractor in full prior to the release of the accepted shop drawings. 1.10 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing with work. eniaNAWMp)Hoat�o prorhb�gW, Inc' SUBMITTALS 01300 - 3 September 12, 2022 B. Submit samples of finishes from the full range of manufacturers' standard colors or in custom colors selected, textures, and patterns for architect's selection. C. Include identification on each sample, with full project information. D. Submit the number or samples specified in individual specification sections. Provide at least two copies of each item being submitted for review and selection. These copies will not be returned. E. Reviewed samples which may be used in the work are indicated in individual specification sections. 1.11 CHANGE PROCEDURES A. The Architect may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications and a change in Contract Time for executing the change. Contractor will prepare and submit an estimate within seven days. B. The Contractor may propose a change by submitting request for change to the Architect, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. Document any requested substitutions in accordance with Section 01600. C. Architect may issue a directive, on AIA form G713 Construction Change Directive signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. Document will describe changes in the Work, and designate method of determining any change in Contract Sum/Price or Contract Time. Promptly execute the change. D. Architect will issue Change Orders, using AIA G701 - Change Order, for signatures of all parties as provided in the Conditions of the Contract. 1.12 MANUFACTURERS INSTRUCTIONS A. When specified in individual specification sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for product data. B. Identify conflicts between manufacturers' instructions and contract documents. 1.13 MANUFACTURER'S CERTIFICATES A. When specified in individual specification sections, submit manufacturers' certificate to architect for review, in quantities specified for product data. B. Indicate that material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or product but must be acceptable to architect. END OF SECTION eniaNAWMp)HeatVio prorhbb gW, Inc' SUBMITTALS 01300 - 4 September 12, 2022 SECTION 01400 QUALITY CONTROL PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality assurance and control of installation. B. References. C. Field samples. D. Inspection and testing laboratory services. 1.3 RELATED SECTIONS A. Section 01090 - Reference Standards. B. Section 01300 - Submittals: Submission of Manufacturers' Instructions and Certificates. C. Section 01600 - Material and Equipment: Requirements for material and product quality. D. Individual Specification Sections: Inspections and tests required and standards for testing. 1.4 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. B. Comply fully with manufacturers' instructions, including each step, in sequence. C. Should manufacturers' instructions conflict with contract documents, request clarification from architect before proceeding. D. Comply with specified standards as a minimum quality for the work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. 1.5 REFERENCES A. Conform to reference standard by date of issue current on date of contract documents. B. Obtain copies of standards when required by contract documents. QCa°t o2up>He%oXpCo`hhbt%W, e QUALITY CONTROL 01400 - 1 September 12, 2022 C. Should specified reference standards conflict with contract documents, request clarification from architect before proceeding. D. The contractual relationship of the parties to the contract shall not be altered from the contract documents by mention or inference otherwise in any reference document. E. ANSI/ASTM E329 - Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials Used in Construction. 1.6 FIELD SAMPLES A. Install field samples at the site as required by individual specifications sections for review. B. Acceptable samples represent a quality level for the work. C. Where field sample is specified in individual sections to be removed, clear area after field sample has been accepted by architect. 1.7 OWNER'S INSPECTION AND TESTING LABORATORY SERVICES A. Owner may employ and pay for services of an independent testing laboratory or owner may use its own personnel and facilities to perform inspection and testing laboratory services. B. If the results provided by the Owner's laboratory differ from the contractor's laboratory report, the owner's laboratory shall be final. C. Work found to be unsatisfactory according to test results, shall be removed from the project and re -constructed at contractor's expense. 1.8 CONTRACTOR'S INSPECTION AND TESTING LABORATORY SERVICES A. The contractor shall employ and pay for a reputable testing laboratory to perform inspections, tests, and other services specified in individual specification sections and as required by the architect. B. The testing laboratory shall be submitted to the architect for review and acceptance two weeks prior to the first sampling of construction materials. Submittal shall provide years of experience qualifications and certificates of owners, and name lab representative who will be responsible for this project. C. Reports will be submitted directly to the architect from laboratory, in duplicate, indicating observations and results of test and indicating compliance or non-compliance with contract documents. Copies of reports shall also be sent to the contractor for his use. QCa°t o2up>He%oXpCo`hhbt�Ee °1 e QUALITY CONTROL 01400 - 2 September 12, 2022 D. Cooperate with testing laboratory: furnish samples of materials, design mix, equipment, tools, storage and assistance as requested. Notify testing laboratory 24 hours prior to expected time for operations requiring services. Make arrangements with testing laboratory and pay for additional samples and tests required for contractor's use. E. Retesting required because of non-conformance to specified requirements shall be performed by the same testing laboratory on instructions by the architect. Payment for retesting will be charged to the contractor by deducting inspection or testing charges from the contract sum PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION QCa°t o2up>He�0XpCo`hhbt�EeW, e QUALITY CONTROL 01400 - 3 No Text September 12, 2022 SECTION 01500 CONSTRUCTION FACILITIES PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this Section. 1.2 SECTION INCLUDES A. Sanitary Facilities: Contractor's employees. B. Temporary Utilities: Electrical, water, sewer, gas and telephone. C. Field Offices: Services and size. D. Temporary Controls: Barriers, enclosures and fencing, protection of the work, and water control. E. Construction Facilities: Parking, progress cleaning, and project signage. 1.3 RELATED SECTIONS A. Section 01700 -Contract Closeout: Final cleaning. 1.4 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. Existing facilities shall not be used by construction crews. 1.5 TEMPORARY UTILITIES A. Contractor shall furnish and install all temporary piping and wiring required for construction. B. All temporary utility connections and distribution shall be approved by owner and respective local utility companies and shall be removed by contractor at completion of construction. 1.6 FIELD OFFICE A. Office: Weather -tight with lighting, electrical outlets, heating, cooling and ventilating equipment, and equipped with sturdy furniture drawing rack and drawing display table. 1.7 BARRIERS A. Provide suitable barriers to prevent unauthorized entry to construction areas while still allowing access for owner's use of site. Protect existing facilities and adjacent properties from damage during construction operation and demolition. Type of barrier to be used will be at the discretion of the contractor and the circumstance involved. The contractor to submit proposed barrier for review and approval by owner. B. Protect vehicular traffic, stored materials, site, and structures from damage. 8�$ e � � pix o PA .1b4f eW' Inc' CONSTRUCTION FACILITIES 01500 - 1 September 12, 2022 C. Clearly post warning signs all around the work sites. Signs are to be secured to the barriers. D. Suitable barriers include durable solid partitions, chain -link fences, temporary dust and acoustic partitions and woven fabric. Suitable barriers do not include ropes or warning tape tied to saw horses or similar devices. E. Prohibit traffic through landscaped areas. 1.8 PROTECTION OF INSTALLED WORK A. Protect installed work and provide special protection where specified in individual specification sections. B. Provide temporary and removable protection for installed products. Control activity in the immediate work area so as to minimize damage of installed work. 1.9 PROTECTION OF LANDSCAPING A. Prohibit traffic through landscaped areas. Damaged landscape shall be replaced at no cost to owner. B. Provide weight dissipating panels under all vehicle tires, tracks, stabilizing arms, and trailer tongues when traveling across or parked on lawns. C. Efforts shall be made to minimize travel on lawns or other landscaped areas. Repair damaged landscaping to an acceptable condition. 1.10 SECURITY A. Contractor shall provide security and facilities to protect work, existing facilities, and owner's operations directly adjacent to new construction from unauthorized entry, vandalism, or theft. B. The loss of building materials and/or equipment from the job site will be replaced with same at contractor's expense. C. Coordinate with owner's security program. 1.11 PARKING A. Arrange for temporary parking areas to accommodate construction personnel. B. Coordinate with owner for owner's employee and clientele parking. C. When site space is not adequate, provide additional off -site parking. 1.12 PROJECT SIGNAGE A. Contractor, sub -contractors, owner, and architect are to share one combined sign measuring no more than 4 feet wide and 8 feet high, mounted securely to sign posts. If the contractor wishes to share the sign, the owner shall review wording and location before sign is installed. B. Project sign is to be constructed of weather resistant material, submit sign material for review. C. Project signs are to remain in place until the project is complete. Remove signs only upon reaching substantial completion. 8�$ e � � pix o PA .1b4f eW' Inc' CONSTRUCTION FACILITIES 01500 - 2 September 12, 2022 1.13 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean, orderly condition. Do not allow lawns or weeds to grow taller than six inches. B. Remove waste materials, debris, and rubbish from site daily and dispose off -site. C. Do not allow hazardous conditions to develop or continue. This shall include lumber with un- pulled nails and concrete with projecting rebars. 1.14 REMOVAL OF TEMPORARY UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to substantial completion inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. D. Remove all job signs, barriers, fences, controls and repair holes dug for posts. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION 8�°'fie � � pix o PA 51bb` .W, Inc. CONSTRUCTION FACILITIES 01500 - 3 No Text September 12, 2022 SECTION 01600 MATERIAL AND EQUIPMENT PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Products. B. Transportation and handling. C. Storage and protection. D. Product options. E. Substitutions. 1.3 RELATED SECTIONS NOT USED 1.4 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the work. Does not include machinery and equipment used for preparation, fabrication, conveying, and erection of the work. Products may also include existing materials or components required for salvage and reuse. B. Do not reuse materials and equipment removed from existing premises, except as specifically permitted by the contract documents or as approved by the architect. C. For similar components provide interchangeable components of the same manufacturer. D. All materials are to be certified asbestos -free. 1.5 TRANSPORTATION AND HANDLING A. Transport and handle products in accordance with manufacturer's instructions. B. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 1.6 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery: B.2u �e>l pix ty. .W W, Inc. MATERIAL AND EQUIPMENT O 1600 - 1 September 12, 2022 Deliver materials, products and equipment to the project site in undamaged condition in manufacturer's original unopened containers or packaging with identify labels intact and legible. Arrange deliveries in accordance with the construction schedule and in ample time to facilitate inspection prior to installation in order to avoid unnecessary delays in the construction process. B. Storage: 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight, climate -controlled enclosures. 2. For exterior storage of fabricated products, place on sloped supports, above ground. 3. Provide off -site storage and protection when site does not permit on -site storage or protection. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Provide mixing with foreign matter. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. 7. Arrange storage of products to permit access for inspection. Periodically inspect to assure products are undamaged and are maintained under specified conditions. C. Handling: 1. Handle materials, products and equipment in a manner prescribed by the manufacturer or as required to protect from damage during storage and installation. 2. Do not handle material in such a way that may leave permanent scars, dents, impressions, cracks, or blemishes. 1.7 PRODUCT OPTIONS A. Products specified by reference standards or by description only: Any product meeting those standards or description. B. Products specified by naming one or more manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products specified by naming one or more manufacturers with a provision for substitutions: Submit a request for substitution for any manufacturer not named. 1.8 SUBSTITUTIONS A. Instructions to bidders specify time restrictions for submitting requests for substitutions during the bidding period to requirements specified in this section. B. Substitutions may be considered after the bid date only when a product becomes unavailable through no fault to the contractor. C. Document each request with complete data substantiating compliance of proposed substitution with contract documents. D. A request constitutes a representation that the contractor: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the substitution as for the specified product. B.2u �e>l pix ty. .W W, Inc. MATERIAL AND EQUIPMENT O l 600 - 2 September 12, 2022 Will coordinate installation and make changes to other work which may be required for the work to be complete with no additional cost to owner. Waives claims for additional costs or time extension which may subsequently become apparent. Will reimburse for review or redesign services associated with re -approval by authorities. E. Will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the contract documents. F. Substitution Submittal Procedure: 1. Submit three copies of request for substitution for consideration. Limit each request to one proposed substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product's equivalence. 3. The architect, after consultation with owner, will notify contractor, in writing, of decision to accept or reject request. 1.9 CONTRACTOR'S CONSTRUCTION METHODS OPTIONS A. Where contract documents indicate no specific method of construction, the contractor shall employ standard industry practices. B. Where contract documents indicate a specific method of construction, the contractor shall employ the method indicated or, at his option, may submit a written request for an alternate method of construction. C. Architect/engineer will consider written requests for alternate construction methods, if received in time as to allow for review and return of such requests and for alternation to be made with no delay to total construction methods. See contract for total working days allowed. D. Submit separate requests for each alternate. Support each request with three copes of complete details and/or documentation for alteration. 1. Indicate changes of materials to be used. 2. Show significant effects of alterations to other affects of alterations to other affected areas. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION B.2u �efipix ty. .W W, Inc. MATERIAL AND EQUIPMENT 01600 - 3 No Text September 12, 2022 SECTION 01700 CONTRACT CLOSEOUT PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjustments. D. Project record documents. E. Project Record Binders. F. Warranties and Certificates. G. Texas Accessibility Standards Warranty. H. Spare parts and maintenance materials. I. Starting of systems. 1.3 CLOSEOUT PROCEDURES A. Submit written certification that contract documents have been reviewed, work has been inspected, and that work is complete in accordance with contract documents and ready for architect's inspection. B. Final payment will be authorized only after all requirements of this section have been met, all punch list items have been completed and verified by the architect, updated record documents have been delivered to the architect, and complete operation and maintenance manuals have been delivered to the architect. Submit final application for payment identifying total adjusted contract sum, previous payments, and sum remaining due. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. C. Clean equipment and fixtures to a new and sanitary condition. D. Replace all filters of operating equipment with new, clean filters. Provide owner with one complete set of all filters required for all equipment. E. Clean debris from roofs, gutters, downspouts, and drainage systems. 8na0.Rr zffp)HC.V.t�pro�,hbt etW, Inc. CONTRACT CLOSEOUT 01700 - 1 September 12, 2022 F. Clean site; sweep paved areas and rake clean landscaped surfaces. G. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.5 ADJUSTMENTS A. Adjust operating products and equipment to ensure smooth and unhindered operation. B. If adjustments cannot provide a smooth and unhindered operation, replace product with matching item that will operate correctly. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the work: 1. Contract drawings. 2. Specifications. 3. Addenda. 4. Change orders and other modifications to the contract. 5. Accepted shop drawings, product data, and samples. B. Store record documents separate from documents used for construction. C. Record information concurrent with construction progress. Do not wait to update Record Documents at the end of work, update as work progresses. D. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by addenda and modifications. E. Record documents and shop drawings: Legibly mark each item to record actual construction, showing any and all modifications, including: 1. Measured depths of foundations in relation to finish main floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the work. 4. Field changes of dimension and detail. 5. Details not on original contract drawings. F. Record Documents are to a part of the final submittal to the architect. Final submittal shall be made prior to claim for final payment. If possible, bind record documents in Project Record Binders described in Paragraph 1.7 of this section. 1.7 PROJECT RECORD BINDERS A. Submit three complete sets of project record data prior to final inspection. Information is to be organized on 8-1/2 x 11 inch pages, bound in three ring durable plastic covered binders. B. Prepare binder covers with the printed title of "Project Record", the title of the project, the date the project was completed, and the subject matter of the binder when multiple binders are required. 1. Label multiple binders as "Volume I of II" and "Volume II of II", as appropriate. 2. Label the outside of the binder cover and edge, as it would be seen when placed on a shelf. 8"a° o p)Hca�toXprocbbtif,W,Inc. CONTRACT CLOSEOUT 01700 - 2 September 12, 2022 C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description identified. E. Part 1: Directory; listing names, addresses, telephone numbers, and contact person of the architect, the contractor, the subcontractors, and the major equipment suppliers. F. Part 2: Project documents and certificates, including the following: 1. All approved shop drawings and product data. 2. Hauling and dumping permits, receipts, and/or manifest. 3. Air and water balance reports. 4. Written statement certifying that all building materials installed in project are asbestos free. 5. Natural gas pressure test and certification. 6. Contractors' Affidavit of Payment of Debts and Claims, use AIA Documents G706, 706A. 7. Certificates issued by the architect; change orders, addenda, field reports, instructions, etc. 8. General Contractor's and Sub -Contractors' warranties. (Section 01700, 1.8) 9. Texas Accessibility Standards Warranty. (Section 01700, 1.9) 10. Certificate of Occupancy issued by governing body. G. Part 3: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment, make, model, and serial number. Verify that numbers are correct. 3. Parts list for each component. (Section 01700, 1.10) 4. Operating instructions. 5. Photocopies of manufacturers' warranties and bonds. 6. Maintenance instructions for special finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. 1.8 WARRANTIES AND CERTIFICATES A. Provide original warranties and certificates in bound volumes outlined in Section 01700, 1.7. B. Where specifications request warranties and certificates, provide such items requested. Warranties are required of each major sub -contractor who is responsible for an installed building system. C. If applicable, provide required certifications requested by state and local governing agencies. Contractor shall forward copies of the certificates directly to the agency, provide proof of delivery. D. A copy of the certificate of occupancy issued by the governing body having jurisdiction over this project shall be included in the Record Binder. E. The following are known required certificates, other certificates may be required. 1. Flame spread/smoke density ratings of carpets. 2. Certificate of Occupancy. F. Provide a written warranty on contractor's business letterhead stating that the building is warranted against defects in material and labor for a period of one year from date of final acceptance. This is not necessarily the date of substantial completion. Warranty commences only after final payment. 1.9 SPARE PARTS AND MAINTENANCE MATERIALS Ona��Fior ze� p)Hca�troXprocbbtif,W, Inc. CONTRACT CLOSEOUT 01700 - 3 September 12, 2022 A. Provide product names, list of spare parts, maintenance and extra materials in quantities specified in individual specification sections. B. Clearly label cartons and containers, identify the contents, and applicable project. C. Deliver to project site and place in location as directed by owner and obtain receipt prior to final payment. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Ona��Fior ze� p)Hca�trgprocbbtif,W, Inc. CONTRACT CLOSEOUT 01700 - 4 September 12, 2022 SECTION 02050 DEMOLITION PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 SECTION INCLUDES A. Dust control. B. Protection. C. Availability of work areas. 1.3 RELATED SECTIONS A. Section 01500 - Construction Facilities. 1.4 SUBMITTALS A. The procedures proposed for the accomplishment of salvage and demolition work shall be submitted for approval. The procedures shall provide for safe conduct of the work, careful removal and disposition of materials specified to be salvaged, protection of property which is to remain undisturbed, and coordination with other work in progress. The procedures shall include detailed description of the methods and equipment to be used for each operation, and the sequence of operations. 1.5 GENERAL REQUIREMENTS 1.6 A. Contractor shall secure all necessary Approvals and Permits from FAA and any additional required organizations, prior to beginning work at the Lubbock Airport.. B. The work includes demolition or removal of existing construction indicated or specified. All materials resulting from demolition work, except as indicated or specified otherwise, shall become the property of the contractor and shall be removed from the limits of owner's property within five working days of dismantling. C. Maintain a clean and organized job site throughout the demolition phase of the work. D. Coordinate the removal of any security devices with the owner's security representative. E. Coordinate construction routes through existing, undisturbed portions of the facility with the architect prior to beginning demolition. 1.7 DUST, DEBRIS AND RUBBISH CONTROL A. The amount of dust, debris and rubbish resulting from demolition shall be controlled to prevent the spread to occupied portions of the building and to avoid creation of a nuisance in the 8nallor AW p)Hcat�i�eXP,%h tt�Ee ° I"e DEMOLITION 02050 - 1 September 12, 2022 surrounding area and specifically runways. Use of water will not be permitted when it will result in, or create hazardous or objectionable conditions such as ice, flooding and pollution. B. Maintain barriers until the project is complete or as directed by Authorities. 1.8 PROTECTION A. Protection of Existing Work: Before beginning any demolition work, the contractor shall carefully survey the existing work and examine the drawings and specifications to determine the extent of the work. The contractor shall take all necessary precautions to ensure against damage to existing work to remain in place, any damage to such work shall be repaired or replaced at no additional cost to the owner. The contractor shall carefully coordinate the work of this section with all other work and construct and maintain shoring, bracing and supports, as required. B. Isolate demolition areas from occupied portions of the building with suitable barriers. Suitable barriers include those described in and Part 2 of this section. 1.9 AVAILABILITY OF WORK AREAS A. Areas in which demolition work is to be accomplished will be available in accordance with the provisions of these specifications. Coordinate work with owner's activities. Restrict unauthorized access to the project site, unless other wise instructed by the architect or other managing authority. PART2 PRODUCTS 2.1 DUST BARRIERS A. Minimum of 12 mil polyethelene sheets adequately secured to supports with duct tapes, staples, cleats, nails, etc. Replace sheet if tears or holes can not be closed satisfactory. B. Provide an access door in dust barrier that can be locked or secured close. C. Brightly colored warning signs are to be attached to barrier and continually maintained throughout the life of the barrier. 2.2 ACOUSTIC BARRIERS A. Minimum of 5/8" thick gypsum wall board secured to metal or wood studs. Place an acoustic foam gasket between the adjacent surfaces and the barrier. Maintain the barrier throughout the demolition phase of the work. B. Provide an acoustically sound access door in barrier that can be locked or secured closed. C. Brightly colored warning signs are to be attached to barrier and continually maintained throughout the life of the barrier. 2.3 FENCING A. Use a minimum of construction grade chain link fabric on a metal frame. Fencing may be modular panels secured together and to the adjacent material or metal stakes with fabric stretched across them. B. Provide an access gate suitable for personnel and equipment to pass through with can be locked or secured close. 8"a��For ze� p)HcaVoXpro`h�b`&&,1-. DEMOLITION 02050 - 2 September 12, 2022 C. Brightly colored warning signs are to be attached to barrier and continually maintained throughout the life of the barrier. PART 3 EXECUTION 3.1 EXISTING FACILITIES A. Existing Surfacing: Existing floors and wall surfaces are not to be damaged during demolition. Protect from damage with suitable measures. B. Other Facilities: Remove within the limits shown to a logical and straight termination as noted on the drawings. C. Temporary: Those materials noted to be temporarily removed, to allow access to areas affected by this work and then re -installed to match existing adjacent materials, shall be protected from damage and stored on site as directed. 3.2 DISPOSITION OF MATERIALS A. Title to Materials: Title to all materials and equipment to be demolished is vested in the contractor upon receipt of notice to proceed. Items noted to be salvaged shall be returned to the owner and stored as directed. B. Disposition: All materials resulting from demolition shall be disposed by the contractor in accordance with all applicable laws, codes, and ordinances. 3.3 CLEAN-UP A. Debris and Rubbish: Debris and rubbish shall be removed from work site on a regular basis. Only by prior approval of the architect will debris and rubbish be allowed to accumulate on the site for more than a week. B. Debris Control: Debris shall be removed and transported in a manner as to prevent spillage on streets or adjacent areas. C. The contractor is not permitted to use owner's refuse containers. D. Regulations: Applicable federal, state, and local regulations regarding hauling and disposal apply. Provide copies of hauling and dumping permits, receipts, or manifest to architect. Include copies in operations and maintenance manual. E. Cleanliness of Site: Due to the high visibility of the site and potential danger to the public, maintaining a clean and safe site will be critical. ENDOF SECTION 8nallor zWp)Heat�iot�pro`hhb gW, I1C DEMOLITION 02050 - 3 No Text September 12, 2022 SECTION 06100 ROUGH CARPENTRY PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, and Supplementary General Conditions apply to work of this Section. 1.2 SECTION INCLUDES A. Roof curbs and cants; blocking in wall and roof openings; wood furring and grounds; concealed wood blocking; concealed fire stopping. 1.3 RELATED SECTIONS A. Section 08520- Aluminum Windows 1.4 QUALITY ASSURANCE A. Perform work in accordance with the following agencies: 1. Lumber Grading Agency: Certified by ALSO. 2. Plywood Grading Agency: Certified by APA. B. Meet or exceed ASTM E 84 criteria. C. Meet or exceed UL 723:PR-S criteria. D. Submit certification that all wood products built into the project and left in place meet NFPA 703, Fire Retardant Impregnated Wood and Coatings for Buildings, Class A rating. PART2 PRODUCTS 2.1 LUMBER MATERIALS A. Lumber Grading Rules: AWPA, Rule C-1, Timber Product -Preservative Treatment. B. All miscellaneous wood products incorporated into this project shall be fire retardant impregnated wood as tested in accordance with NFPA 703. 2.2 SHEATHING MATERIALS A. Plywood Roof Sheathing: APA Rated Sheathing; sanded. B. Particleboard Roof Sheathing: ANSI A208.1 wood chips set with waterproof resin binder; sanded faces. C. Plywood Floor Sheathing: APA Rated Sheathing Span Rating; sanded. D. All miscellaneous wood products incorporated into this project shall be fire retardant impregnated wood as tested in accordance with NFPA 703. 820. 2ff p>HeaioXp %,hb1ff Ine ROUGH CARPENTRY 06100 - 1 nau oriz September 12, 2022 2.3 UNDERLAYMENT MATERIALS A. Plywood Underlayment: APA Rated Sheathing; sanded. B. Particleboard Underlayment: ANSI A208.1; wood chips set with waterproof resin binder; sanded faces. C. All miscellaneous wood products incorporated into this project shall be fire retardant impregnated wood as tested in accordance with NFPA 703. 2.4 ACCESSORIES A. Fasteners: Galvanized steel for exterior, high humidity, and treated wood locations, plain finish elsewhere. B. Die Stamped Connectors: Galvanized steel. C. Anchors: Toggle bolt type for anchorage to hollow masonry. Expansion shield and lag bolt type for anchorage to solid masonry or concrete. Bolt or ballistic fastener for anchorages to steel. 2.5 WOOD TREATMENT A. Fire retardant: AWPA Treatment C201 Exterior Type, chemically treated and pressure impregnated; capable of providing a maximum flame spread of 25 or less and have a smoke developed rating not exceeding 200. B. D-Blaze, Bowie -Sims -Prange Treating Corporation. C. Wood Preservative (Pressure Treatment): AWPA Treatment C1 using water -born preservative with 0.25 percent retainage. PART 3 EXECUTION 3.1 FRAMING A. Erect wood framing members in accordance with applicable code. Place members level and plumb. Place horizontal members crown side up. 3.2 SITE APPLIED WOOD TREATMENT A. Site apply preservative treatment in accordance with manufacturer's instructions. B. Treat site -sawn cuts. Brush apply two coats of preservative treatment on untreated wood in contact with cementitious materials roofing and related metal flashings. C. Allow preservative to cure prior to erecting members. 3.3 CONCEALED GROUNDS A. Provide fire resistant concealed grounds in framing as required for secure anchoring of wall mounted building components, such as wall mounted grab bars. B. All concealed blocking or built-in wood products that are intended to remain shall be certified by the manufacturer of passing the NFPA fire retardant tests described above. END OF SECTION 820. 2ff p>HeaioXp %,hb1ff Ine ROUGH CARPENTRY 06100 - 2 nau oriz September 12, 2022 SECTION 07900 JOINT SEALERS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this Section. 1.2 WORK INCLUDED A. Provide caulking in conjunction with interior painting operations and as otherwise indicated on drawings for interior caulking. B. Provide sealant where indicated on the drawings in conjunction with weather seals, and as otherwise noted. C. Perform all work required to complete the joint preparation, joint packing or filler, priming, caulking and sealing indicated by the drawings and specified herein. Furnish all supplementary items necessary. D. In fire rated partitions, install only fire resistant sealants. 1.3 RELATED SECTIONS A. Section 04300 - Unit Masonry System. B. Section 08520 - Aluminum Windows. C. Section 09900 - Painting. 1.4 QUALITY ASSURANCE A. Applicator Qualifications: 1. Minimum two year's experience in applying sealants and approved by manufacturer. B. Manufacturer's Representative: 1. Arrange for technical representative to be on project site to advise installer of proper procedures and precautions for use of materials and to check installation. 1.5 REFERENCE STANDARDS A. FS TT-S-00230C, Type II Sealing Compound: Elastomeric Type, Single Component. B. FS TT-S-001543A Sealing compound: Silicone Rubber Base. C. FS TT-S-00227E, Type I, Class A Joint Sealant: Self Levelling. D. ASTM C834 Standard Specification for latex sealing compounds. 8na��Fior ze� p)Hcat�i�oXpro`h�b`�Ee`J° 1-. JOINT SEALERS 07900 - 1 September 12, 2022 1.6 SUBMITTALS A. Submit the following: 1. Product Data: a. Manufacturer's specifications, recommendations and installation instructions for sealant, backing, and related materials. 2. Samples: a. Color charts for selection by architect. b. Furnish samples of custom colors. 3. Certification: a. Letter of certification from manufacturer or certified test laboratory report that materials are chemically compatible with each other and with substrate. b. Letter from manufacture that certifies material's fire resistant qualities. C. When requested by the architect, submit samples of cured sealants and a 6 inch long sample of each type of joint backup. 1.7 DELIVERY AND STORAGE A. Deliver materials in unopened containers as packaged by the manufacturer. Store in a manner to protect materials from the weather. 1.8 WARRANTY A. Warrant, in writing, materials and workmanship against air and water leakage for a five-year period. B. Provide written warranty of materials fire resistance and accepted use in at least a one hour fire resistant assembly. PART2 PRODUCTS 2.1 PRODUCTS A. Pecora Chemical corporation. B. Sonneborn Building Products. C. W.R. Grace and Company. D. General Electric Company. E. Products Research and Chemical Corporation. F. Substitutions: In accordance with Section 01600. 2.2 MATERIALS A. Polysulfide (Type I): 1. Two-part conforming to FS TT-S-00227E, Class A, Type I (self -leveling) or Type 2 (nonsag) as recommended by manufacturer. 2. Color: As selected by architect. 8na��Fior ze� p)Heat�iot�pro`h'�bt�Eg I1C JOINT SEALERS 07900 - 2 September 12, 2022 Acceptable products: a. Synthacalk GC-5, Pecora Corp. b. 350, PRC. C. Sonolastic, Sonneborn-Contech, Inc. B. Chlorosulfonated Polyurethane (Type 2) 1. One part conforming to FS TT-S-230C. 2. As selected by architect. 3. Acceptable products: a. Synthacalk, Pecora. C. Polyurethane (Type 3): 1. Two-part conforming to FS TT-S-0000227E, Class A, Type I or II. 2. Color: As selected by architect. 3. Acceptable products: a. NR-200, Pecora. b. No. 200, PRC. C. Sonolastic Paving Joint Sealant, Sonneborn-Contech. d. THC-900/901, Tremco. D. Polyurethane (Type 4): 1. One -part conforming to FS TT-S-000230C, Class A, Type II. 2. Color: Custom color as selected by architect. 3. Acceptable products: a. No. 6000, PRC. b. NP 1, Sonneborn - Contech. C. Dymonic, Tremco. E. Silicone (Type 5): 1. One part rubber based silicone conforming to FS TT-S-001543, Class A, Type I. 2. Color: Custom color as selected by architect. 3. Acceptable products: a. 790 Building Sealant, Dow Corning. b. Silproof, General Electric. C. Proglaze, Tremco. Acrylic, Solvent Cure (Type 6): 1. One -part, FS TT-S-00230. 2. Acceptable products: a. Unicrylic, Pecora. b. Permacryl, Schnee -Moorhead Chemicals, Inc. C. Mono, Tremco Manufacturing Company. G. Nondrying, Nonskinning (Type 7): 1. One -part sealing compound. 2. Acceptable products: a. GC-55, Noncuing, Goal Chemical. b. BR-96, Pecora. C. Curtain Wall Sealant, Tremco. H. Bitumen Impregnated Sealant (Type 8): 1. Precompressed bitumen impregnated foam joint sealant. 2. Size: As recommended by manufacturer for joint condition as rain seal. 3. Acceptable product: Emseal compressed, Emseal Corporation. 8na��Fior ze� p)HcaVoXpro`h�b`tEeW° 1ic. JOINT SEALERS 07900 - 3 September 12, 2022 I. Backer Rod: Closed cell expanded polyurethane or polyethylene "Denver" foam, compatible with sealant; sized and shaped to control depth of sealant; and to maintain 20% to 50% compression of material. Joint Cleaners and Primers: As recommended by sealant manufacturer. K. Bond Breaker: Pressure sensitive adhesive polyethylene tape. L. Masking Tape: Pressure sensitive adhesive paper tape. M. Sealant Tape: 1. Compressible adhesive -cohesive tape of cross -linked butyl polyisobutylene rubber that accommodates variations and movement, sized as necessary to allow for joint movement of + or - 25%. 2. Acceptable product: PTI 606, Protective Treatments, Inc. N. Expansion Joint Filler: 1. Closed cell polyethylene compatible with sealant. 2. Acceptable product: Sonoflex F, Sonneborn. 3. Fire resistant to be used in at least a one hour fire rating classification. 2.3 MIXING A. Mix components in accordance with manufacturer's recommendations. PART 3 EXECUTION 3.1 INSPECTION A. Examine all surfaces to receive sealant and report all conditions not acceptable. Installation shall be deemed as acceptance of the surface. 3.2 PREPARATION A. Clean all surfaces and joints thoroughly, removing all foreign matter, dust, oil, grease, water surface, dirt, frost, old caulking material, and previously applied paint or primer. B. Prime and prepare surfaces in strict accordance with sealant or caulk manufacturer's written instructions and recommendations. C. Remove loose mill scale from steel surfaces. Remove dirt, oil, or grease by solvent cleaning and wipe surfaces. All surfaces must be clean and dry. Any protective coating on building materials that will impair sealant bond shall be removed. 3.3 APPLICATION A. Sealants: 1. Follow sealant manufacturer's instructions regarding preparation, priming, application life, and application procedure. 2. Apply masking tape where required in continuous strips in alignment with joint edge. Remove tape immediately after joints have been sealed and tooled as directed. 3. Apply sealant under pressure with gun having nozzle of proper size or other appropriate means. Provide sufficient pressure to completely fill joints. 4. Neatly point or tool sealant to provide proper contour. Use clean water -wet tool or tooling solution recommended by manufacturer when tooling white or light colored sealant. 8"a��For ze� p)HcaVoXpro`h�b`�Ee`J° 1-. JOINT SEALERS 07900 - 4 September 12, 2022 3.4 3.5 B. Caulking: 1. Caulking: Apply caulking joints before final coat of paint is applied to adjacent surface. Apply caulking with a pressure gun having a nozzle of proper size to fit joint. Completely fill joint and firmly tool against backing to make a smooth, convex bed, and assure good adhesion. Caulking shall develop a firm skin before paint is allowed. C. Joint Size: 1. Sealant and Caulking: Depth equal to 1/3 times joint width or as recommended by manufacturer. CLEANING A. Remove excess caulking or sealant materials and smears from adjacent surfaces as work progresses. B. On non -porous surfaces excess uncured sealant shall be removed with a solvent moistened cloth immediately. On porous surfaces excess sealant should be allowed to cure overnight, then removed by lightly wirebrushing or sanding. All adjacent surfaces shall be clean and free from stains. C. Remove all debris resulting from these operations from the site. SCHEDULE A. Interior and Exterior Joints Subject to Movement (Not Including Traffic): Type 1, 2, 4, or 5 at Contractor's option and as recommended by manufacturer for joint condition and sealant color. B. Interior and Exterior Horizontal Joints Subject to foot and Vehicular Traffic: Type 2, self -leveling. C. Interior Horizontal and Vertical Joint Not Subject to Movement (Not Including Traffic): Type 6. D. In contact with roofing and waterproofing materials: Type 3 or 4, low modulus, unmodified. E. Unexposed window joints: Type 7. F. Interior fire resistant rating of at least a one hour rated assembly subjected to minimal movement: Type 2. G. Secondary seal and exterior brick expansion joint secondary seals: Type 8. END OF SECTION 8na��Fior ze� p)HcaZoXpro`h'�b`�EeW° 1ic. JOINT SEALERS 07900 - 5 No Text August 8, 2014 SECTION 09200 INTERIOR AND EXTERIOR PLASTER PATCHING PART1 GENERAL 1.1 GENERAL REQUIREMEN A. Work of this Section, as shown or specified, shall be in accordance with the requirements of the Contract Documents. 1.2 SECTION INCLUDES A. Work of this Section includes all labor, materials, equipment and services necessary to complete the plaster patching work for existing ceilings and walls and exterior stucco scheduled to remain as specified herein, including but not limited to, the following: 1. Contractor shall survey all areas where existing plaster or stucco is shown to remain and to be repaired, in order to verify extent of patch or repair. Scope of work to include plaster patching as required throughout interior areas affected by window replacements and all stucco on exterior. 2. Cutting out and removing existing interior plaster surfaces where needed to repair existing gypsum plaster or stucco. 3. Cutting out and removing existing plaster on walls and ceilings or stucco on exterior as required for installation of new work. 4. Repair and patching cracks, spalls, delaminations, breaks, losses, chips, holes or other defects in gypsum plaster surfaces. 5. Providing plaster accessories and associated Work. 6. Providing new plaster to align with existing plaster at existing walls and ceilings. 7. Plaster patching and new plaster ceilings to match historic conditions of plaster on wood lath, plaster on wire lath or plaster on wire lath over plaster on wood lath. 8. Cleaning of all existing plasterwork on the walls and ceilings of the existing building within the room included in the scope of work. 9. Repair of Stucco failures on exterior of building. 10. Repair of Stucco finish applied to existing stone sills. 1.3 RELATED SECTIONS A. Section 09900 "Paint and Finishes". 1.4 QUALITY ASSURANCE A. Conform to the following standards: 1. ASTM C 841 - Standard Specification for Installation of Interior Lathing and Furring 2. ASTM C 842 - Standard Specification for Application of Interior Gypsum Plaster nau oriz 2oa c1 p 1� o X p fhb` g,1-. INTERIOR PLASTER PATCHING 09200 - 1 August 8, 2014 3. ASTM C 847 - Standard Specification for Metal Lath 4. ASTM C 28 - Standard Specification for Gypsum Plasters 5. ASTM C 631-81 - Standard Specification for Bonding Compounds for Interior Plastering 6. ASTM C 35 - Standard Specification for Inorganic Aggregates for Use in Gypsum Plaster 7. ASTM C 206 - Standard Specification for Finishing Hydrated Lime 11. ASTM C 932 - Standard Specification for Surface -Applied Bonding Compounds for Exterior Plastering 12. ASTM C 1328/C1328 M-12 Standard Specification for Plastic (Stucco) Cement 13. ASTM E 1857-97 Standard Guide for Selection of Cleaning Techniques for Masonry, Concrete, and Stucco Surfaces 14. STP1444 Building Fagade Maintenance, Repair, and Inspection 15. STP1493 Repair, Retrofit and Inspection of Building Exterior Wall Systems. B. Allowable Tolerances: All plaster repairs shall be keyed and feathered to exactly match and continue edges and contours of existing plaster work. Repairs shall be true and flat in connections with adjacent surfaces when checked with an 8 ft. straight edge; do not exceed 1/8 inch variation in 8 ft. for bow, warp, plumb, or level for flat and curved surfaces. C. Defects 1. Plastering with defects of such character as will mar the appearance of finished Work, or which is otherwise defective, shall be rejected, removed and replaced at the Contractor's expense. 2. All ridges, ledges and visual irregularities shall be rejected, removed and plaster replaced at the Contractor's expense. 3. Any defects or irregularities of plaster restoration work telegraphing through paint shall be cause for rejection of the Work. The Contractor shall remove any subsequent work, remove and replace the defective or irregular plaster restoration work and have the subsequent work replaced by skilled workman in the appropriate trades, to the satisfaction of the Architect, at the Contractor's expense. 1.4 SUBMITTALS A. Materials List: Before any materials are delivered to the job site, submit a complete list of all the materials proposed to be furnished and installed. B. Product Data: Submit manufacturer's product data for plaster materials, lath, metal support components, and accessories; including manufacturer's current recommendations as to methods and installation. C. Lath Samples: Submit samples of wood and metal lath. 1.6 DELIVERY, STORAGE AND HANDLING A. Deliver materials in original packages, containers or bundles bearing brand name and identification of manufacturer. 2oa c1 p 1� hoop fhb` &, Ins INTERIOR PLASTER PATCHING 09200 - 2 nau oriz August 8, 2014 B. Store materials inside, under cover and in manner to keep them dry, protected from weather, direct sunlight, surface contamination, aging, corrosion, and damage from construction traffic and other causes. Neatly stack gypsum lath flat to prevent deformation. C. Handle gypsum lath to prevent damage to edges, ends or surfaces. Protect metal corner beads and trim from being bent or damaged. 1.7 PROJECT CONDITIONS A. Environmental Requirements, General: Comply with requirements of referenced plaster application standards and recommendations of plaster manufacturer for environmental conditions before, during, and after application of plaster. B. Ventilation: Ventilate building spaces in compliance with ASTM C 842 and as required to remove water in excess of that required for hydration of plaster. Begin ventilation immediately after plaster is applied and continue until it sets. C. Protection 1. Restoration of existing plaster shall be done in such manner as not to cause damage to contiguous work. PART 2 PRODUCTS 2.1 MATERIALS A. Gypsum Plaster: ASTM C28. Neat plaster for hand application of scratch coat over metal lath, concrete and terra cotta shall contain not less than 0.01 percent by weight of synthetic or vegetable fibers or not less than 0.02 percent by weight of mineral fibers. B. Plastic (Stucco) Cement: ASTM C 1328/C1328 M-12 Match existing exterior installation in texture and application method. B. Bond Compound: A plaster bonding compound having special bonding properties shall be used for application to concrete surfaces that have been sufficiently roughened to provide a mechanical key. The Bond Compound shall be "Plaster Weld" made by Larsen Mfg. Co. or approved equal. It shall be mixed and applied in strict accordance with the Manufacturer's directions. C. Plaster Crack Patching Compound: Provide "Sheetrock All Purpose Joint Compound Ready Mixed" as manufactured by U.S. Gypsum Co., or approved equal made by DAP; apply per manufacturer's recommendations. D. Special Finishing Hydrated Lime: ASTM C-206. Lime putty shall be made from special finishing hydrated lime, machine mixed with water to form a putty and allowed to stand for at least 15 minutes before using. Approved measures shall be taken to protect the putty from sun and to prevent excessive evaporation when stored. E. Sand: ASTM C35. Graduation of natural or manufactured sand for plaster shall be as follows: U.S. Standard Sieve Size No. Percentage Retained Max. Min. 4 0 0 8 10 0 16 40 10 30 65 30 50 100 95 100 100 95 nau oriz 2oa c1 p�1aV. p fhb W, Ins INTERIOR PLASTER PATCHING 09200 - 3 August 8, 2014 F. Water: Clean, fresh, potable, and free from injurious amounts of oils, acids, alkalis and organic matter injurious to the plaster. G. Metal Accessories: Grounds and casing corner beads shall be zinc -coated sheet steel, 26 ga. or heavier, with expanded or perforated flanges or clips so shaped and fabricated as to permit complete embedment in the plaster. H. Wood Lath: Use 1-1/2"x3/8" wood lath to match existing historic. I. Wire Lath: Galvanized metal lath. 2.2 MIXING OF PLASTER A. Mix and apply plaster in accordance with the directions of the manufacturer. B. Texture of finishing coat shall match existing plaster. PART 3 EXECUTION 3.1 INSPECTION A. Examine the areas and conditions where plaster work is to be installed and correct any conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected by the Contractor in a manner acceptable to the Architect. 3.2 GENERAL A. Sequence plaster installation properly with the installation and protection of other work, so that neither will be damaged by the installation of others work. B. Cut out and replace all unbonded spots. Build in the work in others and do all cutting and patching of plaster in this connection. Where abutting other built-in materials, plaster shall be finished tightly against them and neatly trimmed unless otherwise indicated. C. Plaster thicknesses indicated shall be considered as a minimum; plaster shall be of such thickness required to plumb and square wall surfaces so that plaster is flush with adjacent surfaces. D. Replicate, repair and restore flat wall and ceiling plaster as indicated. E. Plaster repairs shall be executed edge to edge in long strips or large areas for each separate coat. Where breaks are necessary lap new work over adjoining work. F. Bring finished surfaces of plaster to true planes and when complete surface shall be clean, free from blisters, pits, discoloration, cracks or other defects. In all cases the plastering throughout is to be delivered clean and perfect in every respect. 3.3 QUALITY ASSURANCE: A. Applicator/Installer Qualifications: 1. Scrub all walls and ceilings to remove dirt, soot, dust and stains. 2. Use a mild detergent solution and a soft bristle scrub brush to scrub all walls and ceilings. Rinse and dry walls and ceilings with a squeegee. nau oriz 2oa c1 p 1� o p fhb` &, Ins INTERIOR PLASTER PATCHING 09200 - 4 August 8, 2014 3. Minimize water usage to avoid excessively wetting work area. Use towels or drop cloths to prevent water accumulation on floors. Dry floors with towels immediately if water gets on floor surfaces. Dry surfaces immediately after rinsing. B. Remove all loose and flaking paint, wallpaper, spalled plaster, insect nests, spider webs and other foreign substances. 1. Use scrapers to remove all loose and flaking paint on all walls and ceilings. Remove all painted finishes where the condition of the existing painted surface is unsuitable for receiving finishes by scraping or stripping. 2. Use scrapers to remove all wallpaper that has come unglued from wall or ceiling surface. Use a steamer and scraper to remove adhered wallpaper where indicated for removal or wall paper is unsuitable for receiving new finishes. 3. Scrape off all other foreign materials down to sound plaster. 4. Do not gouge walls or ceiling while scraping. Keep scraper blade flat and almost normal to the surface. 3.1 PREPARATION A. Inspect all surfaces to be plastered before beginning Work and correct all defects which will affect the proper execution of this Work. B. After cleaning all existing plaster surfaces, mark surfaces and plaster areas where plaster is to be removed with chalk as determined by tapping or sounding walls, ceilings and partitions to determine if plaster is bonded to substrate. C. If plaster is sound, examine surface for defects such as cracks, gouges, spalls, loose or other surface damage that is damaged, mark areas affected. D. Obtain COR's approval for areas marked to be repaired before commencing demolition work. E. Removal of Plaster: Carefully remove existing damaged plaster not removed under demolition and wood lath and salvage the wood lath. Inspect wood lath in all existing plaster walls and partitions. Remove plaster carefully without breaking or damaging wood lath. When lath is exposed, remove lath intact without pry marks, splitting or other damage. Do not damage the Substrate or assembly to which later is attached. Remove fasteners from lath and Substrate. Carefully extract fasteners to avoid splitting. Clean and salvage all lath, removing all residue of plaster. Dress edges of plaster removal area to remove loose bits of plaster. Prepare removal area for Re -installation of wood later and plaster work. F. Use chisels or other cutting tool to clean and shape surface defects edges to a minimum 1/16 inch depth. Widen holes and cracks to permit adequate patching plaster penetration to sufficiently bond. Scrape off loose or spalling plaster to sound plaster Substrate. Shape edges of gouges and dents to receive patching plaster of sufficient thickness (minimum 1/16 inch deep) without feathering. G. Cracks: Hairline cracks, random cracking and checking shall be repaired using plaster crack patching compound specified herein. H. Bonding compound shall be applied to all plaster, concrete and masonry surfaces for all plaster repairs. Application shall be in strict accordance with manufacturer's written recommendations and first and brown coats shall be applied directly over bonding compound. I. All preparation shall be done with compatible materials and methods that will not compromise the integrity of the plasters, and will not telegraph through fmished surfaces. nau o 2oa c1riz prop %hb`{e° Ins INTERIOR PLASTER PATCHING 09200 - 5 August 8, 2014 3.2 GYPSUM PLASTER APPLICATION, GENERAL: A. Prepare existing plaster surfaces for bonded base coats and use bonding compound or agent. B. Tolerances: Do not deviate more than 1/8 inch in 10'-0" from a true plane in finished plaster surfaces, as measured by a 10'-0" straightedge placed at any location on surface. C. Sequence plaster application with the installation and protection of other work so that neither will be damaged by the installation of the other. D. Plaster flush with existing surfaces. E. Apply thicknesses and number of coats of plaster required by the depth of the defect to the surface. 3.3 GYPSUM PLASTER APPLICATION ON METAL AND WOOD LATH A. For Metal and Wood Lath Apply in Three (3) Coats: Scratch Coat, brown coat and finish coat. B. Scratch Coats: Apply with sufficient material and pressure to form full bond with solid base materials. Scratch the surface to form a bond for the brown coat. C. Brown Coats: Do not apply brown coat until after the scratch coat has hardened, and not less than 24 hours after application of the scratch coat. All joints in brown coat plaster shall be lap joints. After drying, all shrinkage cracks shall be cut out and filled with scratch coat plaster. D. Mix scratch and brown coats shall be mixed in the proportions of 100 lbs. gypsum neat plaster to 2-1/2 cu. ft. of sand. Scratch and brown coats of fibered gypsum plaster shall be mixed in the proportions of 100 lbs. fibered gypsum plaster to one cu. ft. of sand. E. Finish Coats: Gypsum gauging plaster finish. Mix in the proportion of one part calcined gypsum, to 3 parts of lime putty by volume. Apply bonding compound to existing base coat and then apply finish coat over base coat of gypsum plaster. The finish shall be allowed to draw a few minutes and then shall be well troweled with water to a smooth finish, free from blemishes. The thickness of finish coat shall be from 1/16" to 1/8" and total thickness of gypsum plaster shall be as indicated but no less than 5/8". 3.4 FINISHING A. Cut, patch, point -up and repair plaster as necessary to restore shrinkage cracks, dents and imperfections. Repair or replace work to eliminate blisters, buckles, excessive crazing and check cracking, dry -outs, efflorescence, sweat -outs and similar defects, and where bond to the substrate has failed. Patched surfaces in existing plaster surfaces shall be imperceptible. B. Sand smooth -troweled finishes lightly to remove trowel marks and arises. C. Remove temporary protection and enclosure of other work. Remove plaster from other surfaces which are not to be plastered. Repair floors, walls and other surfaces which have been stained, marred or otherwise damaged during the plastering work. When plastering work is completed, remove unused materials, containers and equipment and clean floors of plaster debris. D. Provide final protection and maintain conditions, in a manner suitable to Installer, which ensures plaster work being without damage or deterioration at time of substantial completion. END OF SECTION 09200 2oa eh p 1� hoop fhb` &,1-. INTERIOR PLASTER PATCHING 09200 - 6 nau oriz September 12, 2022 SECTION 09900 PAINTING PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 WORK INCLUDED A. Paint of patched drywall at existing window jambs B. Paint of existing brick angles. 1.3 RELATED SECTIONS A. Section 01500 - Demolition B. Section 09260 - Gypsum Board Systems. 1.4 REFERENCES A. ANSI/ASTM D16 - Definitions of Terms Relating to Paint, Varnish, Lacquer, and Related Products. B. ASTM D2016 - Test Method for Moisture Content of Wood. C. SSPC - SP1 - Solvent Cleaning D. SSPC - SP2 - Hand Tool Cleaning 1.5 DEFINITIONS A. Conform to ANSI/ASTM D 16 for interpretation of terms used in this section. 1.6 QUALITY ASSURANCE A. Product Manufacturer: Company specializing in manufacturing quality paint and finish products with five years experience. B. Applicator: Company specializing in commercial painting and finishing with three years documented experience. C. Flame Spread: Interior finishes must meet Class II flame spread, 26-75 index, or less. O„a0.Rr zffup�eatViot�prorhbte�etW, Inc. PAINTING 09900 - 1 September 12, 2022 1.7 SUBMITTALS A. Provide product data on all finishing products. B. Submit samples under provisions of Section 01300. C. Submit two samples 6 x 6 inch in size illustrating range of colors and textures available for each surface finishing product scheduled, after color selection. D. Submit manufacturer's application instructions under provisions of Section 01300. E. Certify that material installed on this project does not contain insecticide, mildewcide, and no more than 0.06 percent lead. 1.8 FIELD SAMPLES A. Provide one field sample panel, 12 inches long by 12 inches wide, illustrating special texture, and finish. B. Accepted sample may not remain as part of the work. 1.9 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01600. B. Store and protect products under provisions of Section 01600. C. Deliver products to site in sealed and labelled containers; inspect to verify acceptance. D. Container labelling to include manufacturer's name, type of paint, brand name, brand code, coverage, surface preparation, drying time, cleanup, color designation, and instructions for mixing and reducing. E. Store paint materials at minimum ambient temperature of 45' F and a maximum of 90' F, in well ventilated area, unless required otherwise by manufacturer's instructions. F. Take precautionary measures to prevent fire hazards and spontaneous combustion. 1.10 ENVIRONMENTAL REQUIREMENTS A. Provide continuous ventilation and heating facilities to maintain surface and ambient temperatures above 55' F for 24 hours before, during, and 48 hours after application of finishes, unless required otherwise by manufacturer's instructions. B. Do not apply exterior coatings during rain or snow, or when relative humidity is above 50 percent, unless required otherwise by manufacturer's instructions. C. Minimum Application Temperatures for Latex Paints: 55' F for interiors; 65' F for exterior; unless required otherwise by manufacturer's instructions. D. Minimum Application Temperature for Varnish Finishes: 65' F for interior or exterior, unless required otherwise by manufacturer's instructions. E. Provide lighting level of 50 footcandles measured mid -height at substrate surface. 1.11 EXTRA STOCK O„a��Fior ze�upcaVoXprochbte�etW, Inc. PAINTING 09900 - 2 September 12, 2022 A. Provide two gallon containers of each color and surface texture to owner. B. Label each container with color, texture, and room locations in addition to the manufacturer's label. PART2 PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS — PAINT A. Glidden Coatings and Resins Division of SCM Corporation. B. PPG Industries, Inc. Coatings and Resins Division. C. Kelly -Moore Paint Co., Inc. D. Sherwin Williams Company. E. Monarch Paint Company. F. Substitutions: Under provisions of Section 01600. 2.2 MATERIALS A. Coatings: Ready mixed, except field catalyzed coatings. Process pigments to a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating. B. Coatings: Good flow and brushing properties; capable of drying or curing free of streaks or sags. C. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners, and other materials not specifically indicated but required to achieve the finishes specified, of commercial quality. 2.3 FINISHES A. Refer to schedule at end of section for surface finish schedule. PART 3 EXECUTION 3.1 INSPECTION A. Verify that surfaces are ready to receive work as instructed by the product manufacturer. B. Examine surfaces scheduled to be finished prior to commencement of work. Report any condition that may potentially affect proper application. C. Measure moisture content of surfaces using an electronic moisture meter. Report any condition that may potentially affect proper application. 1. Plaster and Gypsum Wallboard: 12 percent. 2. Masonry, Concrete, and Concrete Unit Masonry: 12 percent. 3. Interior Located Wood: 15 percent, measured in accordance with ASTM D2016. 4. Exterior Located Wood: 12 percent, measured in accordance with ASTM D2016. D. Beginning of installation means acceptance of existing surfaces. 3.2 PREPARATION O„a��Fior ze�upcaZoXprochbte�et�, Inc. PAINTING 09900 - 3 September 12, 2022 A. Remove electrical plates, hardware, light fixture trim, and fittings prior to preparing surfaces or finishing. B. Correct minor defects and clean surfaces which affect work of this section. C. Shellac and seal marks which may bleed through surface finishes. D. Impervious Surfaces: Remove mildew by scrubbing with solution of tri-sodium phosphate and bleach. Rinse with clean water and allow surface to dry. E. Gypsum Board Surfaces: Latex fill minor defects. Spot prime defects after repair. F. Galvanized Surfaces: Remove surface contamination and oils and wash with solvent. Apply coat of etching primer. G. Concrete and Unit Masonry Surfaces Scheduled to Receive Paint Finish: Remove dirt, loose mortar, scale, salt or alkali powder, and other foreign matter. Remove oil and grease with a solution of tri-sodium phosphate; rinse well and allow to dry. Remove stains caused by weathering of corroding metals with a solution of sodium metasilicate after thoroughly wetting with water. Allow to completely and thoroughly dry. H. Plaster Surfaces: Fill hairline cracks, small holes, and imperfections with latex patching plaster. Make smooth and flush with adjacent surfaces. Wash and neutralize high alkali surfaces. I. Uncoated Steel and Iron Surfaces: Remove grease, scale, dirt and rust. Where heavy coatings of scale are evident, remove by wire brushing or sandblasting; clean by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring weld joints, bolts, and nuts are similarly cleaned. Spot prime paint after repairs. Shop Primed Steel Surfaces: Sand and scrape to remove loose primer and rust. Feather edges to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime bare steel surfaces. Prime metal items including shop primed items. K. Interior Wood Items Scheduled to Receive Finish: Wipe off dust and grit prior to priming. Seal knots, pitch streaks, and sappy sections with sealer. Fill nail holes and cracks after primer has dried; sand between coats. L. Concrete Paving Scheduled to Receive Paint Finish: Remove foreign particles to permit adhesion of finishing materials. M. Hollow Metal Doors Scheduled for Painting: Seal top and bottom edges with primer. 3.3 PROTECTION A. Protect elements surrounding the work of this section from damage or disfiguration. B. Repair damage to other surfaces caused by work of this section. C. Furnish drop cloths, shields and protective methods to prevent spray or droppings from disfiguring other surfaces. D. Remove empty paint containers from site. 3.4 APPLICATION A. Apply products in accordance with manufacturer's instructions. O„a��Fior ze�up cat�iot�prochbte�&, Inc. PAINTING 09900 - 4 September 12, 2022 B. Do not apply finishes to surfaces that are not dry. C. Apply each coat to uniform fmish. D. Apply each coat of paint slightly darker than proceeding coat unless otherwise approved. E. Sand lightly between coats to achieve required finish. F. Allow applied coat to dry before next coat is applied. G. Where clear finishes are required, tint fillers to match wood. Work fillers into the grain before set. Wipe excess from surface. H. Prime back surfaces of interior and exterior woodwork with primer paint. I. Prime back surfaces of interior woodwork scheduled to receive stain or varnish finish with gloss varnish reduced 25 percent with mineral spirits. J. Apply new paint as specified on new and renovated existing surfaces. The entire renovated surface shall be painted, not just the repaired portion. Renovated surfaces shall be painted from floor to ceiling, corner to corner, or break in surface plane. K. Repainting the entire surface (new, renovated, or existing): shall be required if the surface is damaged by construction activities. The architect will make the final determination. 3.5 PERMANENT MARKING AND IDENTIFICATION OF FIRE WALLS A. Permanently identify with red stenciled 3-inch high lettering all fire rated walls. Identification to be located on the fire -rated wall/partition above ceilings and at exposed areas (such as Mechanical and Electrical Equipment Rooms), on 10-foot intervals and as high as possible and still visible from the finished floor and include the wording "FIRE WALL". Areas of fire -rated walls/partitions exposed to viewing by the public shall be exempt from stenciling. 3.6 FINISHING MECHANICAL AND ELECTRICAL EQUIPMENT A. Refer to Section 15 and Section 16 for schedule of color coding and identification banding of equipment, ductwork, piping and conduit. B. Paint shop primed equipment. C. Prime and paint insulated and exposed pipes, conduit, boxes, insulated and exposed ducts, hangers, brackets, collars and supports, except where items are prefinished. D. Replace identification markings on mechanical or electrical equipment when painted accidently. E. Paint interior surfaces of air ducts, that are visible through grilles and louvers with one coat of flat black paint, to limit of sight line. Paint dampers exposed behind louvers, and grilles, to match face panels. F. Paint exposed conduit and electrical equipment occurring in finished areas. G. Paint both sides and edges of plywood backboards for electrical and telephone equipment before installing equipment. O„a0.R ff prcat�ieXprorhbte�et�,Inc. PAINTING 09900 - 5 September 12, 2022 H. Color code equipment, piping, conduit, and exposed ductwork in accordance with requirements indicated. Color band and identify as required. Replace electrical plates, hardware, light fixture trim, and fittings removed prior to finishing. 3.7 CLEANING A. As work proceeds, promptly remove paint where spilled, splashed, or spattered. B. During progress of work, maintain premises free of unnecessary accumulation of tools, equipment, surplus materials, and debris. C. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in closed metal containers, and remove daily from site. 3.8 SCHEDULE - SHOP PRIMED ITEMS FOR SITE FINISHING A. Metal Fabrications (Section 05500): Not Used B. Grating & Floor Plates (Section 05530): Not Used 3.9 SCHEDULE OF PAINTING A. The kinds and brands of paint and number of coats required on the various surfaces shall be those listed below. The types of paint are identified with Pittsburg Paint or Sherwin Williams numbers. B. The owner and architect shall select color, tint, and sheen from manufacturer's standard color chart. C. Exterior and Interior Metal: 1. First Coat: PPG 6-208 Series Speedhide steel primer 2. Second Coat: PPG 7-282 Series Industrial Gloss Alkyd enamel 3. Third Coat: PPG 7-282 Series Industrial Gloss Alkyd enamel D. Interior Wood: For paint finish 1. First Coat: PPG 6-6 Speedhide Alkyd enamel undercoat 2. Second Coat: PPG 6-90 Series low sheen Alkyd enamel 3. Third Coat: PPG 6-90 Series low sheen Alkyd enamel E. Interior Wood: For transparent finish 1. First Coat: PPG Rez 77-560 line semi -transparent Alkyd stain 2. Second Coat: PPG 6-10 Speedhide wood sanding sealer 3. Third Coat: PPG REZ 77-89 Interior Polyurethane satin clear varnish 4. Fourth Coat: PPG REZ 77-89 Interior Polyurethane satin clear varnish F. Gypsum Board Walls and Ceilings 1. First Coat: PPG 6-2 Speedhide interior Latex primer sealer 2. Second Coat: PPG 6-510 Speedhide interior semi -gloss Latex enamel 3. Third Coat: PPG 6-510 Speedhide interior semi -gloss Latex enamel G. Galvanized Metal 1. First Coat: PPG 90-712 series Pitt -Tech Industrial DTM primer/finish enamel 2. Second Coat: PPG 7-282 Series Industrial gloss Alkyd enamel 3. Third Coat: PPG 7-282 Series Industrial gloss Alkyd enamel H. Concrete and Asphalt Pavement O„a��Fior ze�up caVoXprochbtff&, Inc. PAINTING 09900 - 6 September 12, 2022 First Coat: PPG 11-3 Series flat Alkyd zone marking paint. Second Coat: PPG 11-3 Series flat Alkyd zone marking paint. Accessible parking zones to receive a second coat. Concrete Unit Masonry 1. First Coat: PPG 6-7 Speedhide Latex masonry block filler. 2. Second Coat: PPG 6-2045 Series Speedhide exterior satin Acrylic Latex. 3. Third Coat: PPG 6-2045 Series Speedhide exterior satin Acrylic Latex. Concrete Walks 1. First Coat: PPG 11-25 flat Traffic & Zone Marking Paint. Blue unless noted otherwise. Accessible ramps and sloped walks. END OF SECTION O„a��Fior ze�upcaVoXprochbte�etW, Inc. PAINTING 09900 - 7 September 12, 2022 SECTION 08520 ALUMINUM WINDOWS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work in this Section. 1.2 WORK INCLUDED A. Furnish and install aluminum architectural windows complete with hardware and related components as shown on drawings and specified in this section. B. Basis of design for windows shall be EFCO Series FX32 Thermal AW-PG Commercial Fixed. Other Manufacturers requesting approval to bid their product as an equal must submit a request for substitution ten (10) days prior to close of bidding. C. Glass and Glazing - all units to be factory glazed. Glass is to match color and tint of Silent Wings Museum. Contractor to provide samples to determine best match. D. Single Source Requirement - All window products 1 shall be by the same manufacturer. 1.3 RELATED SECTIONS A. Section 06100 - Rough Carpentry B. Section 07900 - Joint Sealers. C. Section 08800 - Glazing. 1.4 LABORATORY TESTING AND PERFORMANCE REQUIREMENTS A. Test Units 1. Air, water, and structural test unit shall conform to requirements set forth in AAMA/WDMA/CSA 101/I.S.2/A440 — 08 and manufacturer's standard locking/operating hardware and insulated glazing configuration. 2. Thermal test unit sizes shall be 48" (1219 mm) x 72" (1828 mm). Unit shall consist of a single typical fixed window and a single casement window. e.ujgo tU,U.pi3eaco P 5 ' �° 1 ALUMINUM WINDOWS 08520 - 1 September 12, 2022 B. Test Procedures and Performances Windows shall conform to all AAMA/WDMA/CSA 101/I.S.2/A440-08 requirements for the windows. In addition, the following specific performance requirements shall be met. Life Cycle Testing a. Test in accordance with AAMA 910. There shall be no damage to fasteners, hardware parts, support arms, activating mechanisms, or any other damage that would cause the window to be inoperable. Air infiltration and water resistance tests shall not exceed specified requirements. 2. Air Infiltration Test a) With ventilators closed and locked, test unit in accordance with ASTM E 283 at a static air pressure difference of 6.27 psf (300 Pa). Air infiltration shall not exceed .30 cfm/SF (.501/s•m2) of unit. 3. Water Resistance Test a. With ventilators closed and locked, test unit in accordance with ASTM E 331/ASTM E 547 at a static air pressure difference of 15.0 psf (720 Pa). There shall be no uncontrolled water leakage 4. Uniform Load Structural Test a. With ventilators closed and locked, test unit in accordance with ASTM E 330 at a static air pressure difference of 240 psf (11520 Pa), both positive and negative pressure. At conclusion of test there shall be no glass breakage, permanent damage to fasteners, hardware parts, support arms or actuating mechanisms, nor any other damage that would cause the window to be inoperable. Forced Entry Resistance a. Windows shall be tested in accordance with ASTM F 588 or AAMA 1302.5 and meet the requirements of performance level 40. 6. Condensation Resistance Test (CRF) a. Test unit in accordance with AAMA 1503.1. b. Condensation Resistance Factor (CRF) shall not be less than 73(frame) for fixed. 7. Thermal Transmittance Test (Conductive U-Factor) a. With ventilators closed and locked, test unit in accordance with NFRC 100-2017. b. Fixed -Conductive thermal transmittance (U-Factor) shall not be more than .37 BTU/hr•ft2•°F when glazed with .29 center of glass U-Factor. 1.5 QUALITY ASSURANCE Bn2ujgr2 ,U.pficat o proR 6r[eds' Inc. ALUMINUM WINDOWS 08520 - 2 September 12, 2022 A. Standards: Except as otherwise indicated, requirements for aluminum windows, and terminology and standards of performance and fabrication workmanship are those specified and recommended by AAMA. B. Manufacturer: Provide aluminum window units produced by a single manufacturer capable of showing prior successful production of units that will meet or exceed the referenced criteria for those windows required. 1.6 SUBMITTALS A. Manufacturer's Data: Submit manufacturer's specifications, recommendations and standard details for aluminum window units, including fabrication, finishing, hardware and other components of the work. Include certified test laboratory reports as necessary to show compliance with requirements. B. Shop Drawings: Submit shop drawings including all elevations at 1/4" scale, typical unit elevations at 3/4" scale, and full-size detail section of every typical composite member. Show anchors, hardware, operators, and other components not included in manufacturer's standard data. Include glazing details. C. Contractor to provide one (1) sample window mock-up - single unit, including all panning, trim applied muntins, and glazing. 1.7 DELIVERY AND STORAGE A. Protect finished surfaces to prevent damage. Do not use adhesive papers or sprayed coatings which might become bonded when exposed to the sun. 1.8 WARRANTY A. Total Window Installation: The responsible contractor shall assume full responsibility and warrant for one year the satisfactory performance of the total window installation, which includes that of the windows, hardware, glass (including insulated Units), glazing, anchorage and setting system, sealing, flashing, etc., as it relates to air, water and structural adequacy is called for in the specifications and approved shop drawings. Any deficiencies due to such elements not meeting the specifications shall be corrected by the responsible contractor, at their expense, during the warranty period. Window Material and Workmanship - Provide written guarantee against defects in material and workmanship for 5 years from the date of final shipment. 2. Glass - a. Provide written warranty for insulated glass units that they will be free from Ba2ptXpR Inc. urMU.ficao5ALUMINUM WINDOWS 08520 - 3 September 12, 2022 obstruction of vision as a result of dust or film formation on the internal glass surfaces caused by failure of the hermetic seal due to defects in material and workmanship. b. Warranty period shall be for 10 (ten) years. 3. Finish - a. Warranty period shall be 5 years from the date of final shipment. PART 2 PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Efco B. Substitutions: 1. General: Refer to Substitutions Section for procedures and submission requirements. a. Pre -Contract (Bidding Period) Substitutions: Submit written requests ten (10) days prior to bid date b. Post -Contract (Construction Period) Substitutions: Submit written request in order to avoid construction delays. 2. Substitution Documentation: a. Product Literature and Drawings: Submit product literature and drawings modified to suit specific project requirements and job conditions. b. Certificates: Submit certificate(s) certifying substitute manufacturer (1) attesting to adherence to specification requirements for aluminum storefront system performance criteria, and (2) has been engaged in the design, manufacturer, and fabrication of aluminum storefronts for a period of not less than ten (10) years. (Company Name) C. Test Reports: Submit test reports verifying compliance with each test requirement for storefront configurations required by the project. d. Product Sample and Finish: Provide samples of typical product sections and finish samples in manufacturer's standard sizes. 3. Substitution Acceptance: Acceptance will be in written form, either as an addendum or modification, and documented by a formal change order signed by the Owner and Contractor. 2.2 MATERIALS Ba2p#anP R I"01"MU.eo5ALUMINUM WINDOWS 08520 - 4 September 12, 2022 A. New fixed aluminum windows. B. New panning to be installed over existing frames that are to remain in place. C. Aluminum finish shall match existing first floor Silent Wings Museum. D. Furnish all parts and accessories required for complete and satisfactory installation. E. Extrusions shall be 6063-T6 alloy and temper (ASTM alloy G.S. l0A-T5). Fasteners, where exposed, shall be aluminum, stainless steel or zinc plated steel in accordance with ASTM A 164. Perimeter anchors shall be aluminum or steel, providing the steel is properly isolated from the aluminum. F. Fasteners: Aluminum, non-magnetic stainless steel, or other materials warranted by manufacturer to be noncorrosive and compatible with aluminum components. G. Flashing: Aluminum sheet, 0.062" minimum finish to match framing. H. Brackets and Reinforcements: Manufacturer's high -strength aluminum units where feasible; otherwise, non-magnetic stainless steel or hot -dip galvanized steel complying with ASTM A 386. I. Concrete/Masonry Inserts: Cast-iron, malleable iron, or hot -dip galvanized steel complying with ASTM A 123. J. Bituminous Coatings: Cold -applied asphalt mastic complying with SSPC-PS 12, compounded for 30 mil thickness per coat. K. Compression Weatherstripping: Manufacturer's standard replaceable stripping of either molded neoprene gaskets complying with ASTM D220 or molded PVC gaskets complying with ASTM D 2287. L. Sliding Weatherstripping: Manufacturer's standard replaceable stripping of wool, polypropylene, or nylon woven pile, with nylon fabric or aluminum strip backing, complying with AAMA 701.2 M. Glass and Glazing Materials: Glass — The intent is that the glass and glazing match the Silent Wings Museum as closely as possible. The specified glass below outlines the requirements of the glass, the thickness and the makeup of the glass and the surface of the coatings. Contractor shall determine the best color match to the existing building meeting the requirements below and provide samples for comparison and approval. Museum Administrator has tint information for tint used on Museum. Una.jgr2M,U.pficatio�i pro%i6t [eds.'Inc. ALUMINUM WINDOWS 08520 - 5 September 12, 2022 1. Ensure glass meets State of Texas requirements of Solar Heat Gain Coefficient. Insulated glass shall be 1" thick with a center of glass U-Factor of .29 constructed as follows: a. Exterior lite - 1/4" thick, heat strengthened exterior, with a surface coating of tinted Low-E on the number 2 surface. b. Air space of 1/2" inch (argon filled). c. Interior lite - 1/4" thick, clear glass N. Egress Screens — not used O. Sealant: As specified in Section 07900. 2.3 FABRICATION A. General: 1. Sizes and Profiles: All aluminum frame and vent extrusions shall have a minimum wall thickness of .062" 2. Mechanical fasteners, welded components, and hardware items shall not bridge thermal barriers. Thermal barriers shall align at all frame and vent corners. 3. Depth of frame and vent shall not be less than 3 1/2". B. Frame - Frame components shall be mechanically fastened. C. Panning - furnish extruded aluminum panning and interior trim. All conditions and panning requirements must be field verified by the glazing contractor prior to submitting shop drawings. D. Glazing - All units shall be glazed with the manufacturer's standard sealant process provided the glass is held in place by a removable, extruded aluminum glazing bead. The glazing bead must be isolated from the glazing material by a gasket. E. Finish — Match existing first floor entrance area of Silent Wings Museum. F. Trim -All Panning System: Exterior Panning System 1. The panning system shall be extruded. Roll formed or formed aluminum materials shall not be acceptable. a. Panning frame profile shall be square. b. Sightline encroachment shall be minimized by panning frame design. 2. Panning shall be shipped KD and field assembled. Unaujgr2 ,U.pficatio�i pro%i6t [eds.'Inc. ALUMINUM WINDOWS 08520- 6 September 12, 2022 a. A stainless -steel corner alignment clip shall be provided for each joint. Clip shall be of such design that after panning frame is installed, weather sealing or caulking will completely cover clip. b. Back seal all panning frame joints to prevent water migration into frame cavity prior to installation. 3. All panning extrusions shall have a minimum wall thickness of .062" (1.5 mm). 4. Each panning unit shall be assembled and installed in the building separate from the replacement window. 5. The sill of the panning system shall have an upturned leg set behind the exterior leg of the windowsill. Jamb and head panning extrusions shall overlap the exterior of the window to act as a rain screen. All four sides of the panning unit shall have weather-stripping pulled through dovetails in the extrusions. Weather stripping shall be back sealed with a continuous bed of sealant prior to window installation. 6. The panning unit shall be installed in the prepared opening from the inside of the building and anchored directly to the opening through factory punched/drilled mounting holes. The window shall be held tightly against the panning weather stripping by stainless steel spring clips mounted at the jambs and head at 16" (406 mm) O.C. The spring clips shall not provide the primary window anchorage. Interior trim clips, through the window frame fasteners, or "F" anchors shall be used for wind load resistance. 7. The vertical leg of all four sides of the panning unit shall typically require field ripping for an exact fit in the window opening. Interior Trim System 1. The interior trim system shall consist of a mill finish aluminum clip (minimum wall thickness .094" (2.3 mm) to anchor the window to the window opening and a finished aluminum cover (minimum wall thickness .050" (1 mm). The cover shall snap fit onto the clip, concealing all anchorage fasteners. a. Trim profile shall be square. 2. The clips shall be provided in 3" (76 mm) lengths and spaced at 16" (406 mm) O.C. All fasteners anchoring the clip to the windows shall be by the window manufacturer. The clip shall be designed to provide the primary structural support for the window system. 3. The cover shall be provided by the window manufacturer in lineal lengths longer than the critical opening dimension and field trimmed for an exact fit. UnauJgr2 ,U.pficatio�i pro%i6t [eds.'Inc. ALUMINUM WROWS 08520 - September 12, 2022 4. The formed aluminum and extruded trim shall not be combined on the same window opening since the radiused corners of the formed aluminum and the square corners of the extrusion are not aesthetically compatible. PART 3 EXECUTION 3.1 PREPARATION A. Field Measurement: Take field measurements prior to preparation of shop drawings and fabrication, to ensure proper fitting of work; proceed with fabrication and coordinate installation tolerances as necessary when field measurements might delay work. Contractor is responsible for all blocking and miscellaneous brake metal trim that might be required to achieve proper installation. B. Ensure no damage to existing surrounding conditions. 3.2 INSTALLATION A. Comply with manufacturer's specifications and recommendations for the installation of window units, hardware, and other components of the work. B. Set units plumb, level and true to line, without warp or rack of frames or sash. Anchor securely in place. Separate aluminum and other corrodible surfaces from sources of corrosion or electrolytic action at points of contact with other materials. C. Set sill members and other members in a bed of sealant, or with joint fillers or gaskets, to provide weathertight construction at all joints and intersections and at opening perimeters. Coordinate installation with wall flashings and other components of the work. Wipe off excess material and leave all exposed surfaces and joints clean and smooth. D. Drill and tap frames and apply surface mounted hardware items, complying with hardware manufacturer's instructions and template requirements. E. Adequately anchor to maintain positions permanently when subjected to normal thermal movement, specified building movement, and specified wind loads. 3.3 PROTECTION AND CLEANING A. After completion of window installation, the General Contractor shall adequately protect exposed portions of aluminum surfaces from damage by grinding and polishing compounds, plaster, lime acid, cement, or other contaminants. UnauJgr2 ,U.pficatio�i pro%i6t [eds.'Inc. ALUMINUM WROWS 08520- g September 12, 2022 B. Clean aluminum surfaces promptly after installation of windows, exercising care to avoid damage of protective coatings and finishes. Remove excess glazing and sealant compounds, dirt, and other substances. The General Contractor shall be responsible for final cleaning. END OF SECTION Unaujgr2 ,U.pficatio�i pro%i6t [eds.'Inc. ALUMINUM WINDOWS 08520 - 9 September 12, 2022 SECTION 09260 GYPSUM BOARD SYSTEMS PART1 GENERAL 1.1 RELATED DOCUMENTS A. The Drawings, General Conditions, Supplementary General Conditions apply to the work of this Section. 1.2 WORK INCLUDED A. Limited patch and repair of existing jambs as required for the removal and installation of new windows. Work may include the following: 1. Metal stud wall and wall furring. 2. Metal channel ceiling framing. 3. Gypsum board. 4. Taped and sanded joint treatment. 1.3 RELATED SECTIONS A. Section 09900 - Painting: surface finish. 1.4 REFERENCES A. ANSFASTM C36 - Gypsum Wallboard. B. ANSI/ASTM C79 - Gypsum Sheathing Board. C. ANSI/ASTM C475 - Joint Treatment Materials for Gypsum Wallboard Construction. D. ANSI/ASTM C645 - Non -Load (Axial) Bearing Steel Studs, Runners (Track), and Rigid Furring Channels for Screw Application of Gypsum Board. E. ANSI/ASTM C646 - Steel Drill Screws for the Application of Gypsum Sheet Material to Light Gage Steel Studs. F. ANSI/ASTM C754 - Installation of Framing Members to Receive Screw Attached Gypsum Wallboard, Backing Board, or Water Resistant Backing Board. G. ANSI/ASTM El 19 - Fire Tests of Building Construction and Materials. H. GA-201 - Gypsum Board for Walls and Ceilings. I. GA-216 - Recommended Specifications for the Application and Finishing of Gypsum Board. 1.5 SYSTEM DESCRIPTION A. Fire Rating Wall Requirements: 1 hour in accordance with UL 1988 listed assembly No. U465. B. Fire Rating Sub -ceiling Requirements: 1 hour in accordance with UL 1988 listed assembly No. G501. 1.6 QUALITY ASSURANCE 2oa c1 p 1e hoop fhb` &, Ine GYPSUM BOARD SYSTEMS 09260 - 1 nau oriz September 12, 2022 A. Applicator: Company specializing in gypsum board systems work with three years' documented experience. 1.7 REGULATORY REQUIREMENTS A. Conform to applicable codes for fire rated assemblies. 1. Fire Rated Partitions: Listed assembly by UL. 2. Fire Rated Ceilings: Listed assembly by UL. 1.8 SUBMITTALS A. Provide product data on metal framing, gypsum board, joint tape decorative finish, and accessories. B. Submit manufacturer's installation instructions under provisions of Section 01300. PART2 PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. United States Gypsum Co. - Gypsum Panels B. Dietrich - metal stud system. C. Other acceptable manufacturers offering equivalent products: 1. Gold Bond Products, Inc. 2. Redman Industries Inc. D. Substitutions: Under provisions of Section 01600. 2.2 FRAMING MATERIALS A. Interior Framing 1. Studs and Tracks: ANSI/ASTM C645; galvanized sheet steel, 3 5/8" by 25 gage thick, 'C' shape. 2. Furring, Framing and Accessories: ANSI/ASTM C645; 3 518" by 25 gage. B. Exterior Framing: 1. Studs and Tracks: ANSI/ASTM C645; galvanized sheet steel, 6" by 20 gage thick, 'C' shape. 2. Furring, Framing, and Accessories: ANSI/ASTM C645; 6" by 20 gage. C. Fasteners: ANSI/ASTM C1002 D. Adhesive: ANSI/ASTM C557 and as recommended by the manufacturer. 2.3 GYPSUM BOARD MATERIALS A. Standard Gypsum Board: ANSI/ASTM C36; 5/8 inch thick, maximum permissible length, ends square cut, tapered edges. B. Gypsum Board for Backup: ANSI/ASTM C36; 3/8 inch thick, ends square cut, tapered edges. C. Fire Rated Gypsum Board: ANSI/ASTM C36; fire resistive type, UL rated; 5/8 inch thick, maximum permissible length; ends square cut, tapered edges. 8202� ff pr hoXp %,hb1ff Ine GYPSUM BOARD SYSTEMS 09260 - 2 nau oriz September 12, 2022 D. Moisture Resistant Gypsum Board: ASTM C 630/C;5/8 inch thick; ends square cut. E. Exterior Gypsum Sheathing: ANSI/ASTM C36; 1/2 inch minimum thickness, edges'V' cut for resisting water infiltration, ends square cut, 24 inch width by maximum permissible length. F. Pre -finished Gypsum Board: ANSI/ASTM C36; regular 5/8 inch thickness and type `X' 5/8 inch thickness at fire rated partitions. Equal to Gold Bond "DURASAN", fabric color and texture to be selected by architect. 2.4 ACCESSORIES A. Corner Beads: Metal equal to Dur-A-Bead, 103 by United States Gypsum. B. Edge Trim: Metal equal to No. 200-A by United States Gypsum. C. Joint Materials: ANSI/ASTM C475; reinforcing tape, joint compound, adhesive, water, and fasteners. PART 3 EXECUTION 3.1 INSPECTION A. Patching to be performed continuous to nearest surface break. B. Verify that site conditions are ready to receive work and opening dimensions are as instructed by the manufacturer. C. Beginning of installation means acceptance of substrate. 3.2 METAL STUD INSTALLATION A. Install studding in accordance with ANSI/ASTM C754. B. Metal Stud Spacing: 16 inches on center. C. Partition Heights: To minimum 6 inches above suspended ceilings, or as noted on drawings. Install additional bracing for partitions extending above ceiling. Allowable deflection of L/240. D. Door Opening Framing: Install double studs at door frame jambs. Install stud tracks on each side of opening, at frame head height, and between studs and adjacent studs. E. Blocking: Nail wood blocking to studs. Install blocking for support of plumbing fixtures, toilet partitions, wall cabinets, toilet accessories, and hardware. F. Coordinate installation of bucks, anchors, blocking, electrical and mechanical work placed in or behind partition framing. 3.3 WALL FURRING INSTALLATION A. Erect free-standing metal stud framing tight to masonry and plaster walls, attached by adjustable furring brackets in accordance with manufacturer's instructions. B. Erect furring studs vertically. Secure in place at maximum 16" on center. iao. ff pr hoXp %,hb1, Ine GYPSUM BOARD SYSTEMS 09260 - 3 nau oriz September 12, 2022 C. Space furring studs maximum 16 inches on center. D. Install thermal insulation batts between studs in accordance with manufacturer's instructions. 3.4 CEILING FRAMING INSTALLATION A. Install in accordance with GA 201 and GA 216. B. Coordinate location of hangers with other work. C. Install ceiling framing independent of walls, columns, and above -ceiling work. D. Reinforce openings in ceiling suspension system which interrupt main carrying channels or furring channels, with lateral channel bracing. Extend bracing minimum 24 inches past each end of openings. E. Laterally brace entire suspension system. 3.5 ACOUSTICAL ACCESSORIES INSTALLATION A. Place acoustical insulation in partitions tight within spaces, around cut openings, behind and around electrical and mechanical items with or behind partitions, and tight to items passing through partitions. B. Install acoustical sealant at gypsum board perimeter at: 1. Metal framing: two beads. 2. Face layer. 3. Caulk all penetrations of partitions by conduit, pipe, ductwork, rough -in boxes, and all other wall penetrations. 3.6 GYPSUM BOARD INSTALLATION A. Install gypsum board in accordance with GA 201 and GA 216. B. Erect single layer of gypsum board in most economical direction, with ends and edges occurring over firm bearing. C. Erect single layer fire rated gypsum board vertically, with edges and ends occurring over firm bearing. D. Erect exterior gypsum sheathing horizontally, with edges butted tight and ends occurring over firm bearing. E. Use screws when fastening gypsum board to metal furring or framing. F. Treat cut edges and holes in gypsum sheathing with sealant, or tape. G. Place control joints consistent with lines of building spaces as directed. H. Place corner beads at external corners as indicated. Use longest practical length. Place edge trim where gypsum board abuts dissimilar materials. I. Install concealed grounds in wall framing where shown or required, if not shown, for mounting of surface hardware. Concealed grounds are not to be obvious when gypsum board system is finished. n isu oriz W pr he p %,hb1, Ine GYPSUM BOARD SYSTEMS 09260 - 4 September 12, 2022 3.7 PERMANENT MARKING AND IDENTIFICATION OF FIRE WALLS A. Permanently identify with red stenciled 3-inch high lettering all fire rated walls. Identification to be located on the fire -rated wall/partition above ceilings and at exposed areas (such as Mechanical and Electrical Equipment Rooms), on 10-foot intervals and as high as possible and still visible from the finished floor and include the wording "FIRE WALL". Areas of fire -rated walls/partitions exposed to viewing by the public shall be exempt from stenciling. 3.8 JOINT TREATMENT A. Tape, fill, and sand exposed joints, edges, and corners to produce smooth surface ready to receive finishes. B. Feather coats onto adjoining surfaces so that camber is maximum 1/32 inch. C. Erect pre -decorated gypsum board vertically, with exposed batten fastening system. D. Erect in accordance with manufacturer's instructions. E. Install No. 093 control joints in the interior face of gypsum board partitions opposite all exterior expansion joints. Install control joints at other locations as directed. 3.9 TOLERANCES A. Maximum Variation from True Flatness: 1/8 inch in 10 feet in any direction. END OF SECTION 82o. ff p>HeaioXp %,hb1ff Ine GYPSUM BOARD SYSTEMS 09260 - 5 nau oriz Page Intentionally Left Blank