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HomeMy WebLinkAboutResolution - 2001-R0333 - Contract Municipal Tennis Center Renovation - Lubbock Building Services, Inc. - 08/30/2001Resolution No. 2001-80333 August 30, 2001 Item No. 45 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for the City of Lubbock Municipal Tennis Center renovations -ITB #186-01/RS, by and between the City of Lubbock and Lubbock Building Services, Inc. of Lubbock, Texas and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 30th day of August , 2001. WINDY SI ON, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: VZd�- Victor Kilman, rchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs*cdocs/Contract-Lubb Building Servs.res August 21, 2001 r r r is r L,�, CHECK BEST UTMG LICEiggl) 1% TEXAS CITY OF LUBBOCK SPECIFICATIONS FOR CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS ITB #186-01 /RS "I" A City Of Planned Progress " CITY OF LUBBOCK Lubbock, Texas City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #186-01/RS, Addendum #1 ADDENDUM #1 ITB #186-01 /RS City of Lubbock Municipal Tennis Center Renovations MAILED TO VENDOR: July 25, 2001 CLOSE DATE: August 1, 2001 @ 2:00 P. M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Spray on acoustical material shall be painted in accordance to manufacturer's recommendations. Paint color shall be as per Finish Material Schedule on Sheet A2. 2. The millwork shown in Room 106 (Checkout) and Room 104 (Sales) on Sheet A2 will be provided by Owner. Detail A2-03, A2-01, Section 05, and Section 06 of Sheet A2 are not applicable -to this project when referenced to the millwork. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: RShuffield@mail.ci.lubbock.tx.us THANK YOU, CITY LUBBO Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. pws 186-01./RSaddi CITY OF LUBBOCK INVITATION TO BID FOR TITLE: CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 186-01/RS PROJECT NUMBER: 9540.9211.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX �3 NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT ' 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS Ifni NOTICE TO BIDDERS W NOTICE TO BIDDERS ITB #186-01IRS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p m on the 1st day of August, 2001, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project with a budget amount of $71,000.00: "CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. u Bids are due at 2:00 o'clock p m on the 1st day of August, 2001, and the City of Lubbock City Council will consider the bids on the 9th day of August, 2001, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as low soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the *^ amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified rw check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local `! conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre-bid conference on 24th day of July 2001 at 10:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13' Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from Schauer & Associates, 110513th Street, Lubbock, Texas 79401, Phone: (806) 747-0193. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159x, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775-2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILM PURCHASING MANAGER a GENERAL INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS per the attached specifications and contract documents. Sealed bids will be'received no later than 2:00 p.m. CST, the 1st day of August, 2001 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #186-01/RS, CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kidman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 rot Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda �.. as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre-bid meeting will be held at 1000 a.m., July 24th 2001 in Purchasing Conference Room L04. Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 Itis the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. 3 ADDENDA & MODIFICATIONS 4 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will 4 become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for !' interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in ` preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 1 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all _ requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in. these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. a` 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents. described in the E General Conditions. 9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or anv combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR "ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: RON SHUFFIELD, SENIOR BUYER City of Lubbock 162513 1h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: rshuffield@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within SIXTY (60) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 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. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 14 AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 15 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve 3 16 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. GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). — 16.2 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. 16.3 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. 16.4 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. 17 PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 18 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. -� (c) Equipment schedule. 19 TEXAS STATE SALES TAX 19.1 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. 19.2 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. la 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the �.. project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 21 BARRICADES AND SAFETY MEASURES ,. The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. r 22 EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of f the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. r 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this ?^ contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may rw deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 23 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 24 INSURANCE 24.1 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. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide 5 to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 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. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on — whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 27 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or — decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy, between the price written in words and the price written in figures, the price written in words shall govern. i 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a row bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name ., 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. - (d) Statutory Bond (if required). (e) Contract Agreement. ,.•� (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 30 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 7 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. The City of Lubbock reserves the right to accept the Base Bid and Bid Options in any order or combination that serves its best interest. The low bid shall, be determined on the price combination of the Total Base Bid and any accepted Bid Options. — 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. — 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. BID SUBMITTAL u BID SUBMITTAL LUMP SUM BID CONTRACT DATE: AUGUSm 1 2001 PROJECT NUMBER: #186-01/RS -CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS Bid of G SERVTCESFINC . (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS:�<-✓' �' vel P cf-f- c ($ ����..�✓� ($235"x- �- SERVICES: _ TOTAL BASE BID:- OPTION ID:OPTION #1: DELETE ALL RE -STAINING OF EXTERIOR CEDAR SIDING PER FINISH SCHEDULE AND EXTERIOR KEY NOTE 1 ON PLANS. MATERIALS: / c SERVICES: TOTAL BID L (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 (SIXTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $175.00 (ONE HUNDRED SEVENTY FIVE DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents.. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with _ instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the . plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on A* which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 5% Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID. PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Sea] if Bidder is a Corporation) ATT t 6/ary JAMF4 INES .�, Bidder acknowledges receipt of the following addenda: Addenda No. �_ Date 7--2r 001 Addenda No. Date Addenda No. Date Addenda No. Date NIMBE Firm: Date: AUGUST 1, 2001 hor' ed Signature JERRY SMITH — PRESIDENT (Printed or Typed Name) LUBBOCK BUILDING SERVICES, INC.K Company P.O. BOX 65600-194 Address LUBBOCK City, TEXAS State Telephone: 8 0 6 Fax: 8 0 6 - LUBBOCK County 79464-5600 Zip Code 798-7005 798-8256 1 Wnman I I Black American I I Native American I an +, 2 1. 2. 3. 4. 5. 6. 7. S. 9. 10 PM LIST OF SUBCONTRACTORS Minority Owned Yes No p ❑ D D D ❑ 0 ❑ 0 a ❑ p ❑ ❑ D D ❑ 3 - CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT . I, the undersigned Bidder, certify that the insurance requirements contained o Iainw tals his this contract by the City of id document have been reviewed by me with the below identified Insurance Agent/Broke r. ifLubbock, I will be able to, within fifteen (15) 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/proposal. Co r ctorr ignature) Contractor (Print) CONTRACTOR'S FIRM NAME: LUBBOCK BUILDING SERVICEs INC (Print or Type ) CONTRACTOR'S FIRM ADDRESS:P•o. BOX 65600-5600 LUBBOCK, TX 79464-5600 Name of Agent/Broker: - Address of Agent/Broker: 4505 82nd STREET, SUITE 10 City/State/Zip: LUBBOCK, TX 79423 Agent/Broker Telephone Number: ( 806 ) 798-7979 Date: 8-1-2001 n NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. if you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. r BID #186-01/RS - CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS 4 i K0111 Jul -25-01 12:44pm From -CITY OF LUBBOCK-PURCHASING City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING .62513T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX.(806)775-2164 httpJ/purchasing.ei.lubbock.tx.us 8067752164 T-162 P.01/01 F-829 ITS #186.01/11S, Addendum #1 ADDENDUM #9 ITB #186-01 /RS City of Lubbock Municipal Tennis Center Renovations MAILED TO VENDOR: July 25, 2001 CLOSE DATE: August 1, 2001 2:00 P. M. The following items take precedence over specifications for the above named Invitation to (aid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Spray on acoustical material shall be painted in accordance to manufacturers recommendations. Paint color shall be as per Finish Material Schedule on Sheet A2. 2. The millwork shown in Room 106 (Checkout) and Room 104 (Sales) on Sheet A2 will be provided by Owner. Detail A2-03, A2-01, Section 05, and Section 06 of Sheet A2 are not applicable to this project when referenced to the millwork. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 ^^ Questions may be faxed to: (806)775-2164 or Email to: RShuffieid@mail.ci.lubbock.tx.us 18"VRSadd1 1 THANK YOU, ZCITYLUBBOV Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. I- 0 r ., 0 THE AMERICAN INSTITUTE OF ARCHITECTS 11 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Lubbock Building Services, Inc., 14302 Slide Rd., Lubbock, TX 79424 as Principal, hereinafter called the Principal, and Capitol Indemnity Corporation 4610 University Ave Madison, Wisconsin, 53705-0900 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Wisconsin as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of *** FIVE PERCENT OF BID AMOUNT *** Dollars( 5% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS NOW, THEREFORE, if the Obligee, shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee, the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee, may in good faith contract with another party to perform the Work covered by said bid. then this obligation shall be null and void, otherwise to remain in full force and effect. Si ned and sealed this 1st d y of August, 2001 � 1 (Witness) e*A . , (Witness) Lubbock Building Services, Inc. (Principal) Staci Gross ON AIA DOCUMENT A310 -BID BOND - AIA O - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 Printed on Recycled Paper 0 9/93 (Title) (Seal) (Surety) (Seal) (Title) Attorney -in -Fact INDEMNITY CORPORATION r� 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900 PHONE (608) 231-4450 - FAX (608) 231-2029 - QD, POWER OF ATTORNEY No: 578052 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint �""-=----------- STACI J. GROSS, LAURA A. ESPINOZA, STEVE DEAL OR DONAL BOLEY-------=------ ,., its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as^surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of. --------------- --------------------------- NOT TO EXCEED $4,000,000.00 --------------------- -------------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: "RESOLVED, that the President, and Vice -President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorneys) -in -fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the om Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to. any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1999. CAPITOL INDEMNITY CORPORATION �., Attest: 9q 6 Virgiline M. Schulte SecretaryCORPORATE' — < Geor Fait, President earn �� SEAi z. STATE OF WISCONSIN 'ham, �SCONS,� \�.�� ���inrNNlnlm\\\\\� COUNTY OF DANE On the 1 st day of June, A.D., 1999, before me personalty came George A Fait, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane; State 'of Wisconsin; that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument that he knows the sealof the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by llke order. ., This power is valid only if the power of attorney number printed in the upper right hand corner apears. in red. Photocopies, carbon copies or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Capitol Indemnity Corporation. PAYMENT BOND i 0 Bond #787502 STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE (PUBLIC WORKS) (Penalty of this Bond must be 100% of Contract Amount) KNOW ALL MEN BY THESE PRESENTS, That Lubbock Building Services, Inc. (hereinafter called the Principal), as Principal, and Capitol Indemnity Corporation (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock (hereinafter called the Obligee), in the amount of FORTY-SIX THOUSAND FOUR HUNDRED FORTY-FIVE DOLLAR $ ) $46,445.00 ) AND NO/100THS for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the Obligee, Dated the 30th day of August 2001 to CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS 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 Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument this 5th day of September 2001 Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 1-800-252-3439 Lubbock Building Services, Inc. -- - , (Principal) By z Capitol Indemnity Corporation (Surety) By - taci Gross Attorney=in-Fact Capitol Indemnity Corporation P.O. Box 5900 Madison, WI 53705-0900 1-608-231-4450 ®&1W INDEMNITY CORPORATION P" 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900 PHONE (608) 231-4450 • FAX (608) 231-2029 POWER OF ATTORNEY No: 578120 Cnow alt men ,b � y these PfeSeF7tS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State' of Wisconsin; having Its principal' off ices in the City of Madison, Wisconsin,"does make, constitute ' and i --- STACI J GROSS, LAURA"'A. ESPINOZA, STEVE DEAL OR DONAL BOLEY its true avid lawful Attorne s 'in fact, to make, execute seal and deliver for and on its behalf a � ,I... y(} ' as'suretyand as Its act and deed, any and, all lionds, undertakings and contracts of;,Suretyship, provided that no bond or undertaking or contract of suretyship executed Under this authority'shall exceed in amount the sum of This Power of Attorneyis ranted and is Sig ned and sealed b facsimile --- - -- - NOT TO EXCEED $4,000,000 00 - ------------ - - - ' g g y e undeof the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960 �, ; "RESOLVED, that the'President, and Vice -President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are;granted the power �� and authonzation to appoint by'a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more `resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers ;and duties `usual to such offices to the bus! riess of this', his company; the signature, of such officers and seal of the Company may be affixed to any such power of attorney 'or to any'certificate ;relating thereto by facsimile, and_any such power of attorney or certificate bearing such facsimile signatures or facsimile seat shalt be valid�and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future wi ; respect to any bond or undertaking or other writing obligatory i ,the nature thereof to which it is attached Any such appointment may be revoked for cause or without cause by any of said officers, at any time. +^ a IN WITNESS WHEREOF, the'CAPITOL INDEMNITY CORPORATION has caused these prese4t 01" be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of .tune, 1999 CAPITOL INDEMNITY CORPORATION Attest: v.. a 9% � e■*i Virgilirie M. Schutte Secretary coRPORATe' SEAL z Georgy Fait, President STATE OF WISCONSINw,ScoKs�\\o•�`� _ � �°ririranirimtm�� \ �* COUNTY OF DANE ` v _ On the 1st day of June A.D. 1999, before me personally came George A Fait, to me known, who being by, me duly sworn, did unty of Dane, State of Wisconsin, that he is the President of P phe knows the sea[ of tINDEMNITY he sad cRorrORATon; at the seal affixed to said instrument Such coreor to seal that ent; that ed P Y I was so affixed y of Directors of„said corporation and that he signed his name thereto by like order b order of the Board p � ���� O STATE OF WISCONSIN `\\ Fiiiiullrr, t � wiseo �• �� COUNTY OF=DANE �� , _ * SAF E *_ ,lane F.�Endres,° ` = ENDRES m a � Notary Public, Dane Co, WI �Oyoraev Pue o\\\0� My Commission Expires March 23, 2003 v ��4///pflflllllilllAAAr °a ” i i �' i QD CERTIFICATE n i the;roundersi ned dui 'elected to the', office' stated below now the ,"incumbent rri CAPITOL iNDEMN s y ITY CORPORATION, a Wisconsin Cor °oration; authorized to make this certificate DO HEREBY CERTIFY that the`foregoing ' 9 x atfached Power of Attorney remains in full face-6nd has not been revoked; and furthermore tEiat the 13esotution.of the Board of Directors, set forth in; the Power of Attorney is now In force w 2� T Signed arid'seaied'at the City of'�Jladisen Dated theth °F day of , 9 e r P" POW e� i W CERTIFICATE OF INSURANCE AC -ORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DDNY) 09/05/2001 L4505RODUCER (806) 798-7979 FAX (806) 798-7888 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION utler-Carson Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEEHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 82nd St, Suite 10 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lubbock, TX 79424 6 INSURERS AFFORDING COVERAGE 1441SURED LUDDOCK tsui Ia-t ng Nervi ces, Inc. and Jerry Smith LP.O. Box 65600-194 Lubbock, TX 79464 I '_OVERAGES INSURER A: Highlands Underwriters Ins. Co INSURER B: Highlands Insurance Co INSURER C: INSURER D: INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DDlYY LIMITS GENERAL LIABILITY BP0201216 09/30/2000 09/30/2001 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) S 100,000 CLAIMS MADE I OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000.000 POLICY JEPRO- CT LOC AUTOMOBILE LIABILITY BTA203551 09/30/2000 09/30/2001 X COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EANY AUTO OTHER THAN EA ACC $ N" AUTO ONLY: AGG $ EXCESS LIABILITYX5203070 09/30/2000 09/30/2001 EACH OCCURRENCE $ 11000,000 OCCUR F CLAIMS MADE AGGREGATE $ 1000000 $ 1,000,00 DEDUCTIBLE $ RETENTION S S WORKERS COMPENSATION AND BWC800685 09/30/2000 09/30/2001TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 7ditional Insured and Waiver of Subrogation on Auto and General Liability where required by ontract. Waiver of subrogation on workers compensation. Lroject # ITB #186-01/RS - City of Lubbock Municipal Tennis Center Renovations ADDITIONAL INSURED; INSURER LETTER: CANCELLATION *�+ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, w„ City of Lubbock BUT FAILURE TO MAIL S NOT E S L IMPOSE NO OBLIGATION OR LIABILITY P.O. BOX 2000 OF ANY KIND UPON T E C N S GENTS OR REPRESENTATIVES. Lubbock, TX 79408 AUTHORIZED REPRES TATI John Carson-------" ,-.CORD 25-S (7/97) ©ACORD CORPORATION IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25-S(7 p" ACORD. CERTIFICATE OF LIABILITY INSURANCE soo/ojz 4wDuCER (906)793-7979 FAX (806) 798-7888 THIS CERTIFICATE, IS ISSUED AS A MATTER OF INFORMATION Sutler -Carson Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 4505 82nd St, Suite 10 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lubbock, TX 79424 INSURERS AFFORDING COVERAGE INstr= City of Lubbock INSURER A: Highlands Insurance Co •* P.O. Box 2000 INSURER B: Lubbock, TX 79464 INSURER C: INSURER 0: INSURER E: ;.OVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 7HE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE OF INSURANCE POLICY NUMBERNU00n b OLIGY MM1EXPIRATION I N LIMITS GENER"LIABILITY BINDER 09/17/01 03117,/2001 12/17/2001 1 EACH OCCURRENCE s 100,00 COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1*71 OCCUR FIRE DAMAGE (Any one fire) 3 MED EXP (Any one parson) S A X OWners & Cont ract0 PERSONAL s ADV INJURY $ Protective Liabil GENSRALAGGREGATE S 100 1000 GEN'LAGGREGATE LIMITAPPLMSPER; PRODUCTS -COMP/OPArgo S X POLICY 7 jAO:T 7 LOC AUTOMOSILE LIABILITY ANY AUTO COMBINED SINGLE UMIT i (Ee ae8dent) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (Par person) HIRED AUTOS NO"WNEDAUTOS BODILY INJURY (Paracddem) S PROPERTY DAMAGE S (Per axldeeq GARAGE LIABILRY AUTO ONLY- EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS LIABILITY CLAIMS MADE EACH OCCURRENCE S AGGREGATE S 3 IOCCUR DEDUCTIBLE 5 RETENTION S S WORKERS COMPENSATION AND EIIPLOYERS LIABILITY H- TOR LIMITS ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOY S E.L. DISEASE -POLICY LIMIT S OTHER ro,ect" Rei ded l of TennisHCenter at 3030 66th ST, Lubbock,RTX tOHs 1 Lubbock Building Services IA.�A Box 65600 Lubbock, TX 79464-5600 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLIQIES BE CANCELLED 13EFORETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANVVOLLENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SMALL POSE NO OBLIC,ATION OR UAPTLITY OP ANY KIND UPON C F.AkYAB A TS OR REP$tESENTATNES. e■+ REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. OM 3 No Text P" CONTRACT ,�. STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 30th day of August. 2001 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 LUBBOCK BUILDING SERVICES INC of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #186-01/RS - CITY OF LUBBOCK MUNICIPAL TENNIS CENTER RENOVATIONS -$46,445.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Secretary %%AS CONTENT: Owner's - e -presentative APPROVED AS TO FORM: City Attorney ATTEST: Cor orate Secretary CONTRACTOR: LUBB K BUILDING SERVICES, INC. By:-,--� PRINTED NAME:AUt!�j_5rygi Ik TITLE:__f`e4i C�- COMPLETE ADDRESS: LUBBOCK BUILDING SERVICES, INC. PO BOX 65600-194 LUBBOCK, TEXAS 79464-5500 ^* GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 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 LUBBOCK BUILDING SERVICES INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative GEORGE LISENBE BUILDING & ENERGY ADMINISTRATOR so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". """ 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Y Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 8. CONTRACTOR'S. RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, 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 1 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 copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said 'low 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 w ` 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 affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of " work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 3 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other 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. 4 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood,to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. # It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the mow compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be �,. kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership *s* 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 a...-0 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." 5 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 bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the _ Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All.machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its 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, r'+ r OWN 28 are intended as reminders 'to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of ""' payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. ., The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $100,000.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance e- The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000.00 Combined Single Limit, * to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and w_. Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job 7 and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0on all contracts with coverage -' to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000.00. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority — to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to _ provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 0 (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. g The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. g. 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 9 G Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. _ (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental -� entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing — coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 10 (9) 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; 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 e"- "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation g _ 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 592/440-3789 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 4 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 n 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 r' Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and F 11 (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the — project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i) -(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES _ Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its 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, materialmen 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. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its 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 bidding. 12 i 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, 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 $$175.00 ,(ONE HUNDRED SEVENTY FIVE DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this 13 contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and — the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material _ to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a,basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way 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 y liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and 14 4 employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related ., to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by .., Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall .., determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the ,., Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. r•+ 44. FINAL COMPLETION AND PAYMENT 15 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. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's — Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take_ exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the 16 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 isnot required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the ,�. Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, - equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to 17 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 asset forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so 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 18 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. 19 CURRENT WAGE DETERMINATIONS n i RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified 1 Hourly Rate 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Truck Driver -Heavy OA Hourly Rate 9.00 6.00 8.00 7.00 12.00 6.00 7.00 6.25 6.00 6.75 8.00 7.00 7.75 8.00 7.75 7.25 8.00 7.25 9.50 6.75 7.25 7.25 6.50 7.00 A*+ EXHIBIT C Prevailing Wage Rates <., Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. x 3 No Text ECIFICATIONS FOR Municipal Tennis Center 3030 66th Street Lubbock, Texas SCHAUER ASSOCIATES, INC. ARCHITECTS Sff M, aw.1.0/19/00 CITY OF LUBBOCK MUNICIPAL TENNIS CENTER ATTACHMENTS TO THE PLANS AND SPECIFICATIONS GENERAL NOTES 1. The work for this project shall take between these dates. October 8,2001 and December 7, 2001. The center will beclosed 2. Contractor shall be responsible for securing the facility at all times during this period. During construction, only authorized personnel shall be allowed inside facility. Public not allowed in construction area. 3. Construction shall not interfere with events on courts. PLAN SHEET Al 1 Under General Notes, #4, #8 & #6 are not applicable to this project. All asbestos . material will be removed by owner prior to start of this project. plumbing fixtures shall be 2. Under General Notes, add #7 to read remaining removed by contractor. Demolition Keved Notes, #26, Soda and Snack machines will be removed 3. Under ^" by owner. PLAN SHEET A2 1. Under Int Keved Notes, #4 & #32 are not applicable to this project. Notes, #34 — Lights will be removed by owner. Install new "^ 2. iTnder Int Keved 2X4, 4 -tube surface mounted light fixtures with lens cover. Connect to existing 3. wiring. Install new emergency exit lights at both exits of building. 4. Reinstall existing HVAC supply air grilles. In Finish Matertial Schedule, all ceiling painting shall be deleted. Install new .� 5. acoustical spray on material, '/a" thick. Application shall meet all manufacturer's Ceiling Spray or approved equal requirements. USG Acoustical Plaster Finish — will be accepted. 0 9 Copyright 1994 AIA MASTERSPEC 5/94 SECTION 02070 - SELECTIVE DEMOLITION PART I - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Demolition and removal of selected portions of the interior of the building. 2. Patching and repairs. 1.3 DEFINITIONS A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's property. B. Remove and Salvage: Items indicated to be removed and salvaged remain the Owner's property. Remove, clean, and pack or crate items to protect against damage. Identify contents of containers and deliver to Owner's designated storage area. C. Remove and Reinstall: Remove items indicated; clean, service, and otherwise prepare them for reuse; store and protect against damage. Reinstall items in the same locations or in locations indicated. D. Existing to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by the Architect, items may be removed to a suitable, protected storage location during selective demolition and then cleaned and reinstalled in their original locations. 1.4 MATERIALS OWNERSHW A. Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain the Owner's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option. 1.5 SUBMITTALS A. Inventory of items to be removed and salvaged. B. Inventory of items to be removed by Owner. SELECTIVE DEMOLITION 02070-1 Copyright 1994 AIA MASTERSPEC 5/94 1.7 PROJECT CONDITIONS A. Owner will occupy portions of the building immediately adjacent to selective demolition area. Conduct selective demolition so that Owner's operations will not be disrupted. Provide not less than 72 hours' notice to Owner of activities that will affect Owner's operations. B. Owner assumes no responsibility for actual condition of buildings to be selectively demolished. 1. Conditions existing at time of inspection for bidding purpose will be maintained'by Owner as far as practical. C. Asbestos: It is not expected that asbestos will be encountered in the Work. If any materials suspected of containing asbestos are encountered, do not disturb the materials. Immediately notify the Architect and the Owner. 1. Asbestos will be removed by Owner before start of Work. D. Storage or sale of removed items or materials on-site will not be permitted. 1.8 SCHEDULING A. Arrange selective demolition schedule so as not to interfere with Owner's on-site operations. PART 2 - PRODUCTS (Not Applicable) 2.1 REPAIR MATERIALS A. Use repair materials identical to existing materials. 1, Where identical materials are unavailable or cannot be used for exposed surfaces, use materials - that visually match existing adjacent surfaces to the fullest extent possible. 2. Use materials whose installed performance equals or surpasses that of existing materials. — PART 3 - EXECUTION 3.1 EXAMINATION A. verify that utilities have been disconnected and capped- B. appedB. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. C. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. SELECTIVE DEMOLITION 02070-2 r Copyright 1994 AIA MASTERSPEC 5/94 D. When unanticipated mechanical, electrical, or structural elements that conflict with the intended function or design are encountered, investigate and measure the nature and extent of the conflict. Promptly submit a written report to the Architect. 3.2 UTILITY SERVICES A. Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to Owner and to governing authorities. a. Provide not less than 72 hours' notice to Owner if shutdown of service is required during changeover. 3.3 PREPARATION A. Drain, purge, or otherwise remove, collect, and dispose of chemicals, gases, explosives, acids, flammables, or other dangerous materials before proceeding with selective demolition operations. B. Erect and maintain dustproof partitions and temporary enclosures to limit dust and dirt migration and to separate areas from fumes and noise. 1. Construct dustproof partitions of not less than nominal 4 -inch (100 -mm) studs, 5/8 -inch (16 -mm) gypsum wallboard with joints taped on occupied side, and 1/2 -inch (13-rn.n i fire -retardant plywood on the demolition side. 2. Insulate partition to provide noise protection to occupied areas. 3. Seal joints and perimeter. Equip partitions with dustproof doors and security locks. 4. Protect air -handling equipment. 5. Weatherstrip openings. 1. Do not use water when it may damage existing construction or create hazardous or objectionable conditions, such as ice, flooding, and pollution. 3.5 SELECTIVE DEMOLITION A. Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete Work within limitations of governing regulations and as follows: 1. Neatly cut openings and holes plumb, square, and true to dimensions required Use cutting methods least likely to damage construction to remain or adjoining construction. To minimize disturbance of adjacent surfaces, use hand or small power tools designed for sawing or grinding, not hammering and chopping. Temporarily cover openings to remain. B. Remove floor coverings and adhesive according to recommendations of the Resilient Floor Covering Institute's (RFCI) "Recommended Work Practices for the Removal of Resilient Floor Coverings" and Addendum. 1. Remove residual adhesive and prepare substrate for new floor coverings by one of the methods recommended by RFCI. SELECTIVE DEMOLITION 02070-3 Copyright 1994 AIA MASTERSPEC 5/94 3.6 PATCHING AND REPAIRS A. Promptly patch and repair holes and damaged surfaces caused to adjacent construction by selective demolition operations. B. Where repairs to existing surfaces are required, patch to produce surfaces suitable for new materials. C. Restore exposed finishes of patched areas and extend finish restoration into adjoining construction to remain in a manner that eliminates evidence of patching and refinishing. D. Patch and repair floor and wall surfaces in the new space where demolished walls or partitions extend one finished area into another. Provide a flush and even surface of uniform color and appearance. 1. Closely match texture and finish of existing adjacent surface. 2. Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 3. Where patching smooth painted surfaces, extend final paint coat over entire unbroken surface containing the patch after the surface has received primer and second coat. 4. Remove existing floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. 5. Inspect and test patched areas to demonstrate integrity of the installation, where feasible. E. Patch, repair, or rehang existing ceilings as necessary to provide an even -plane surface of uniform appearance. 3.7 DISPOSAL OF DEMOLISHED MATERIALS A. General: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 3.8 CLEANING A. Sweep the building broom clean on completion of selective demolition operation. B. Change filters on air -handling equipment on completion of selective demolition operations. END OF SECTION 02070 SELECTIVE DEMOLITION 02070-4 Copyright 1994 AIA MASTERSPEC SECTION 06402 - INTERIOR ARCHITECTURAL WOODWORK 2/94(M1/94) PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Interior standing and running trim. 2. Laminate -clad cabinets (plastic -covered casework). 3. Plastic -laminate countertops. 1.3 DEFINITIONS A. Interior architectural woodwork includes wood furring, blocking, shims, and hanging strips for installing woodwork items unless concealed within other construction prior to woodwork installation. 1.4 SUBMITTALS A. Product data for each type of product and process specified and incorporated into items of architectural woodwork during fabrication, finishing, and installation. B. Shop drawings showing location of each item, dimensioned plans and elevations, large-scale details, attachment devices, and other components. 1. Show details full size. 2. Show locations and sizes of furring, blocking, and hanging strips, including concealed blocking and reinforcing specified in other Sections. 3. Show locations and sizes of cutouts and holes for plumbing fixtures, faucets, soap dispensers, and other items installed in architectural woodwork. C. Samples for initial selection of the following in the form of manufacturer's color charts consisting of actual units or sections of units showing the full range of colors, textures, and patterns available for each type of material indicated. 1. Shop -applied transparent finishes. 2. Plastic laminates. E. Samples for verification of the following: 1. Lumber with or for transparent finish, 50 sq. in. (3€?0 sq, cm), for each species and cut, finished on one side and one edge. 2. Veneer leaves representative of and selected from flitches to be used for transparent -finished woodwork. INTERIOR ARCHITECTURAL WOODWORK 06402-1 Copyright 1994 AIA MASTERSPEC 2/94(Ml/94) 3. Wood -veneer -faced panel products, with or for transparent finish, 8 by 10 inches (2('30 by 250 1r€ni ), for each species and cut. Include at least one face veneer seam and finish one-half of face as specified a. Step finish materials on sample to show and clearly define each coat. b. Provide separate samples of unfaced panel product used for core. 4. Laminate -clad panel products, 8 by 10 inches (200 by 250 min), for each type, color, pattern, and surface finish, with separate samples of unfaced panel product used for core. 5. Exposed cabinet hardware, one unit for each type and finish. 1.5 QUALITY ASSURANCE A. Quality Standard: Except as otherwise indicated, comply with the following standard: 1. AWI Quality Standard: "Architectural Woodwork Quality Standards" of the Architectural Woodwork Institute for grades of interior architectural woodwork, construction,_finishes, and other requirements. B. Fire -Test -Response Characteristics: Provide materials with the following fire -test -response characteristics as determined by testing identical products per ASTM test method indicated below by UL, Warnock Hersey, or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify fire -retardant -treated material with appropriate markings of applicable testing and inspecting agency in the form of separable paper label or, where required by authorities having jurisdiction, imprint on surfaces of materials that will be concealed from view after installation. 1. Surface -Burning Characteristics: Not exceeding values indicated below, tested per ASTM E 84 for standard time period (10 minutes). a. Flame Spread: 75. b. Smoke Developed: 450. 2. Surface -Burning Characteristics: Not exceeding values indicated below, tested per ASTM E 84 for 30 minutes with no evidence of significant combustion. In addition, the flame front shall not progress more than 10-1/2 feet 0.2 ni) beyond the center line of the burner at any time during the test. a. Flame Spread: 25. b. Smoke Developed: 450. 1.6 DELIVERY, STORAGE, AND HANDLING A. Protect woodwork during transit, delivery, storage, and handling to prevent damage, soilage, and deterioration. B. Do not deliver woodwork until painting and similar operations that could damage, soil, or deteriorate woodwork have been completed in installation areas. If woodwork must be stored in other than installation areas, store only in areas whose environmental conditions meet requirements specified in "Project Conditions." 1.7 PROJECT CONDITIONS INTERIOR ARCHITECTURAL WOODWORK 06402-2 Copyright 1994 AIA MASTERSPEC 2/94(M1/94) A. Environmental Limitations: Do not deliver or install woodwork until building is enclosed, wet -work is completed, and HVAC system is operating and will maintain temperature and relative humidity at occupancy levels during the remainder of the construction period. B. Environmental Limitations: Obtain and comply with woodwork fabricator's and Installer's coordinated advice for optimum temperature and humidity conditions for woodwork during its storage and installation. Do not install woodwork until these conditions have been attained and stabilized so that woodwork will be within plus or minus 1.0 percent of optimum moisture content from date of installation through remainder of construction period. C. Field Measurements: Where woodwork is indicated to be fitted to other construction, check actual dimensions of other construction by accurate field measurements before fabrication, and show recorded measurements on final shop drawings. Coordinate fabrication schedule with construction progress to avoid delaying the Work 1. Verify locations of concealed framing, blocking, reinforcements, and furring that support woodwork by accurate field measurements before being enclosed Record measurements on final shop drawings. 2. Where field measurements cannot be made without delaying the Work, guarantee dimensions and proceed with fabricating woodwork without field measurements. Provide allowance for trimming at site and coordinate construction to ensure that actual dimensions correspond to guaranteed dimensions. 1.8 COORDINATION *+ A. Coordinate sizes and locations of framing, blocking, furring, reinforcements, and other related units of Work specified in other Sections to ensure that interior architectural woodwork can be supported and p.. installed as indicated. B. Hardware Coordination: Distribute copies of approved schedule for cabinet hardware specified in Division 8 Section "Door Hardware" to fabricator of architectural woodwork; coordinate cabinet shop drawings and fabrication with hardware requirements. PART 2 - PRODUCTS 2.2 MATERIALS A. General: Provide materials that comply with requirements of the AWI quality standard for each type of woodwork and quality grade indicated and, where the following products are part of interior woodwork, with requirements of the referenced product standards that apply to product characteristics indicated: B. General: Provide materials that comply with requirements of the WIC quality standard for each type of w woodwork and quality grade indicated, unless otherwise indicated. 1. Hardboard: AHA A135.4. 2. Particleboard: ANSI A208.1, Grade M-2. C. Particleboard: ANSI A208.1, Grade M-2 made with phenol -formaldehyde resins. D. High -Pressure Decorative Laminate: NEMA LD 3, grades as indicated or if not indicated, as required by woodwork quality standard. 1. Manufacturer: Subject to compliance with requirements, provide high-pressure decorative laminates by one of the following: em+ a. Formica Corporation. b. Laminart. INTERIOR ARCHITECTURAL WOODWORK 06402-3 Copyright 1994 AIA MASTERSPEC 2/94(Ml/94) C. Nevamar Corp. d. Pioneer Plastics Corp. e. Westinghouse Electric Corp.; Specialty Products Div. f. Ralph Wilson Plastics Co. E. Adhesive for Bonding Plastic Laminate: As recommended by laminate manufacturer. 2.4 CABINETAND DISPLAY WALL HARDWARE AND ACCESSORY MATERIALS A. General: Provide cabinet hardware and accessory materials associated with architectural cabinets, as indicated on the drawings. B. Hardware Standard: Comply with BHMA A156.9 for items indicated C. Exposed Hardware Finishes: For exposed hardware, provide finish that complies with BHMA A156.18 for BHMA code number indicated. 1. Satin Stainless Steel, Stainless -Steel Base: BHMA 630. D. For concealed hardware provide manufacturer's standard finish that complies with product class requirements of BHMA Al 56.9. 2.5 INSTALLATION MATERIALS A. Furring, Blocking, Shims, and Hanging Strips: Softwood or hardwood lumber, kiln dried to less than 15 percent moisture content. B. Screws: Select material, type, size, and finish required for each use. Comply with ASME B 18.6.1 for applicable requirements. C. Nails: Select material, type, size, and finish required for each use. Comply with FS FF -N-105 for applicable requirements. D. Anchors: Select material, type, size, and finish required for each substrate for secure anchorage. Provide nonferrous metal or hot -dip galvanized anchors and inserts on inside face of exterior walls and elsewhere as required for corrosion resistance. Provide toothed steel or lead expa11 nsion bolt devices for drilled -in-place anchors. 2.6 FABRICATION, GENERAL A. Interior Woodwork Grade: Provide interior woodwork complying with the referenced quality standard and of the following grade: 1. Grade: Custom. B. Wood Moisture Content: Comply with requirements of referenced quality standard for wood moisture content in relation to relative humidity conditions existing during time of fabrication and in installation areas. C. Sand fire -retardant -treated wood lightly to remove raised grain on exposed surfaces before fabrication. INTERIOR ARCHITECTURAL WOODWORK 06402-4 aA Copyright 1994 AIA MASTERSPEC 2/94(Ml/94) D. Fabricate woodwork to dimensions, profiles, and details indicated. Ease edges to radius indicated for the following: 1. Corners of cabinets and edges of solid -wood (lumber) members 3/4 inch (19 .nim) thick or less: 1/16 inch (I.5 min'). 2. Edges of rails and similar members more than 3/4 inch (19 nein) thick: 1/8 inch (3 min), 3. Corners of cabinets and edges of solid -wood (lumber) members and rails: 1/16 inch (1.5 mm). E. Complete fabrication, including assembly, finishing, and hardware application, before shipment to Project site to maximum extent possible. Disassemble components only as necessary for shipment and installation. Where necessary for fitting at site, provide ample allowance for scribing, trimming, and .�, fitting. 1. Trial fit assemblies at the fabrication shop that cannot be shipped completely assembled. Install dowels, screws, bolted connectors, and other fastening devices that can be removed after trial fitting. Verify that various parts fit as intended and check measurements of assemblies against field measurements indicated on approved shop drawings before disassembling for shipment. F. Shop -cut openings, to maximum extent possible, to receive hardware, appliances, plumbing fixtures, electrical work, and similar items. Locate openings accurately and use templates or roughing -in diagrams to produce accurately sized and shaped openings. Smooth edges of cutouts and, where located in countertops and similar exposures, seal edges with a water-resistant coating. 2.7 LAMINATE -CLAD CABINETS (PLASTIC -COVERED CASEWORK) A. Quality Standard: Comply with AWI Section 400 requirements for laminate -clad cabinets. B. Quality Standard: Comply with WIC Section 15, 'Plastic -Covered Casework." 1. Grade: Custom. C. AWI Type of Cabinet Construction: Flush overlay. D. WIC Construction Style: Style B Face Frame. ^'• E. WIC Construction Type: Type I multiple self-supporting units rigidly joined together F. WIC Door and Drawer Front Style: Flush overlay. G. Laminate Cladding for Exposed Surfaces: High-pressure decorative laminate complying with the following requirements: 1. Horizontal Surfaces Other than Tops: GP -50, 0.050 -inch (7.270 -mm) nominal thickness. 2. Postformed Surfaces: PF -42, 0.042 -inch (1.067 -nim) nominal thickness. 3. Vertical Surfaces: GP -50, 0.050-inch(7..270-inni) nominal thickness. 4. Edges: GP -50, 0.050 -inch (I.270-znm) nominal thickness. H. Materials for Semiexposed Surfaces: Provide surface materials indicated below: 1. Surfaces Other than Drawer Bodies: High-pressure decorative laminate, Grade GP -28. I. Colors, Patterns, and Finishes: Provide materials and products that result in colors and textures of exposed laminate surfaces complying with the following requirements: t"* INTERIOR ARCHITECTURAL WOODWORK 06402-5 Copyright 1994 AIA MASTERSPEC 2/94(Ml/94) 1. Provide Architect's selections as indicated. J. Provide dust panels of 1/4 -inch (6.4-rn i) plywood or tempered hardboard above compartments and drawers except where located directly under tops. 2.8 COUNTERTOPS A. Quality Standard: Comply with AWI Section 400 requirements for countertops. B Quality Standard: Comply with applicable WIC section indicated below: 1. WIC Section 16, "Laminated Plastic Countertops, Splashes and Wall Paneling." 2. Grade: Custom. C. Type of Top: High-pressure decorative laminate complying with the following: 1. Grade: GP -50, 0.050 -inch (1.27'0 -nein) nominal thickness. 2. Colors, Patterns, and Finishes: Provide materials as indicated. 3. Grain Direction: Parallel to cabinet fronts. 4. Edge Treatment: Same as laminate cladding on horizontal surfaces. 5. Core Material: Phenolic resin, medium -density particleboard. PART 3 - EXECUTION 3.1 PREPARATION A. Condition woodwork to average prevailing humidity conditions in installation areas before installing. B. Before installing architectural woodwork examine shop -fabricated work for completion and complete work as required, including back priming and removal of packing. 3.2 INSTALLATION A. Quality Standard: Install woodwork to comply with AWI Section 1700 for the same grade specified in Part 2 of this Section for type of woodwork involved. B. Install woodwork plumb, level, true, and straight with no distortions. Shim as required with concealed shims. Install to a tolerance of 1/8 inch in 96 inches 0 n n i= `-'4 (t inii? C. For plumb and level (including tops). D. Scribe and cut woodwork to fit adjoining work and refinish cut surfaces or repair damaged finish at cuts. E. Anchor woodwork to anchors or blocking built in or directly attached to substrates. Secure to grounds, stripping and blocking with countersunk, concealed fasteners and blind nailing as required for complete installation. Use fine finishing nails for exposed nailing, countersunk and filled flush with woodwork and matching final finish where transparent finish is indicated. F. Standing and Running Trim: Install with minimum number of joints possible, using full-length pieces (from maximum length of lumber available) to the greatest extent possible. Do not use pieces less than 36 inches (900 inni) long, except where necessary. Stagger joints in adjacent and related members. Fill INTERIOR ARCHITECTURAL WOODWORK 06402-6 Copyright 1994 AIA MASTERSPEC 2/94(Ml/94) gaps, if any, between top of base and wall with plastic wood filler, sand smooth, and finish same as wood base, if finished. 1. Install standing and running trim with no more than 1/8 inch in 96 -inch (3 nnnhn in 2400-111rn) variation from a straight line. G. Cabinets: Install without distortion so that doors and drawers fit openings properly and are accurately aligned. Adjust hardware to center doors and drawers in openings and to provide unencumbered operation. Complete the installation of hardware and accessory items as indicated. 1. Install cabinets with no more than 1/8 inch in 96 -inch (= .nun in 2400-tnlnn.) sag, bow, or other variation from a straight line. 2. Maintain veneer sequence matching of cabinets with transparent finish. H. Tops: Anchor securely to base units and other support systems as indicated. Calk space between backsplash and wall with specified sealant. 1. Install countertops with no more than 1/8 inch in 96 -inch (3 min in 2 -400 -min) sag, bow, or other variation from a straight line. 2. Secure backsplashes to tops with concealed metal brackets at 16 inches (400 nnnh) o.c. I. Complete the finishing work specified in this Section to the extent not completed at shop or before installation of woodwork. Fill nail holes with matching filler where exposed. Apply specified finish coats, including stains and paste fillers if any, to exposed surfaces where only sealer/prime coats were applied in the shop. J. Refer to Division 9 Sections for final finishing of installed architectural woodwork. rte+ 3.3 ADJUSTING AND CLEANING A. Repair damaged and defective woodwork where possible to eliminate functional and visual defects; where not possible to repair, replace woodwork. Adjust joinery for uniform appearance. B. Clean, lubricate, and adjust hardware. C. Clean woodwork on exposed and semiexposed surfaces. Touch up shop -applied finishes to restore damaged or soiled areas. 3.4 PROTECTION A. Provide final protection and maintain conditions in a manner acceptable to fabricator and Installer that ensures that woodwork is without damage or deterioration at the time of Substantial Completion. 3.5 CABINET HARDWARE AND ACCESSORY SCHEDULE A. BHMA numbers are used below to designate hardware requirements, except as otherwise indicated. B. Concealed (European Type) Hinges: BO 1602. C. Pulls: Wire pulls, 5 inches (1.27 nun.) long, 2-1/2 inches (62 renin) deep, and 5/16 inches (8 renin) in diameter. INTERIOR ARCHITECTURAL WOODWORK 06402-7 Copyright 1994 AIA MASTERSPEC 2I94(M1I94) D. Catches: As follows: 1. Magnetic Catches: B03141. E. Adjustable Shelf Standards: B04071. 1. Shelf Rests for Standards: B04081. F. Shelf Rests: B04013. G. Door Locks: E07121. H. Grommets for cable passage through countertops: 1 inch (4; Innf) OD brown, molded -plastic grommets with 3/4 -inch (I 9 -nim) hole and brown plastic cap with slot for wire passage. END OF SECTION 06402 INTERIOR ARCHITECTURAL WOODWORK 06402-8 Copyright 1991 AIA MASTERSPEC SECTION 07901 - JOINT SEALANTS PART 1 - GENERAL 5/91(Ml/94) 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes joint sealants for the following locations: 1. Exterior joints in vertical surfaces and nontraffic horizontal surfaces as indicated below: a. Perimeter joints between materials listed and frames of doors and windows. 2. Interior joints in vertical surfaces and horizontal nontraffic surfaces as indicated below: a. Perimeter joints between interior wall surfaces and frames of interior doors, windows, and elevator entrances. b. Perimeter joints of toilet fixtures. C. Other joints as indicated. 1.3 SYSTEM PERFORMANCE REQUIREMENTS A. Provide elastomeric joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to Project site in original unopened containers or bundles with labels indicating manufacturer, product name and designation, color, expiration period for use, pot life, curing time, and mixing instructions for multicomponent materials. B. Store and handle materials in compliance with manufacturer's recommendations to prevent their deterioration or damage due to moisture, high or low temperatures, contaminants, or other causes. 1.7 PROJECT CONDITIONS A. Environmental Conditions: Do not proceed with installation of joint sealants under the following conditions: JOINT SEALANTS 07901-1 Copyright 1991 AIA MASTERSPEC 5/91(1\41/94) When ambient and substrate temperature conditions are outside the limits permitted by joint sealant manufacturer. When ambient and substrate temperature conditions are outside the limits permitted by joint sealant manufacturer or below 40 deg F € 4 deg Q. When joint substrates are wet. B. Joint Width Conditions: Do not proceed with installation of joint sealants where joint widths are less than allowed by joint sealant manufacturer for application indicated. C. Joint Substrate Conditions: Do not proceed with installation of joint sealants until contaminants capable of interfering with their adhesion are removed from joint substrates. PART2-PRODUCTS 2.1 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. B. Colors: Provide color of exposed joint sealants to comply with the following: Match colors indicated by reference to manufacturer's standard designations or match existing. 2.2 ELASTOMERIC JOINT SEALANTS A. Elastomeric Sealant Standard: Provide manufacturer's standard chemically curing elastomeric sealants that comply with ASTM C 920 and other requirements indicated on each Elastomeric Joint Sealant Data Sheet at end of this Section, including those requirements referencing ASTM C 920 classifications for Type, Grade, Class, and Uses. 1. Additional Movement Capability: Where additional movement capability is specified in Elastomeric Joint Sealant Data Sheet, provide products with the capability, when tested for adhesion and cohesion under maximum cyclic movement per ASTM C 719, to withstand the specified percentage change in the joint width existing at time of installation and remain in compliance with other requirements of ASTM C 920 for Uses indicated. 2.4 LATEX JOINT SEALANTS A. General: Provide manufacturer's standard one -part, nonsag, mildew -resistant, paintable latex sealant of formulation indicated that is recommended for exposed applications on interior and protected exterior locations and that accommodates indicated percentage change in joint width existing at time of installation without failing either adhesively or cohesively. B. Acrylic -Emulsion Sealant: Provide product complying with ASTM C 834 that accommodates joint movement of not more than 5 percent in both extension and compression for a total of 10 percent. JOINT SEALANTS 07901-2 Copyright 1991 AIA MASTERSPEC 5/91(M 1/94) C. Silicone Emulsion Sealant: Provide product complying with ASTM C 834 and, except for weight loss measured per ASTM C 792, with ASTM C 920 that accommodates joint movement of not more than 25 percent in both extension and compression for a total of 50 percent. D. Available Products: Subject to compliance with requirements, latex joint sealants that may be incorporated in the Work include, but are not limited to, the following: E. Products: Subject to compliance with requirements, provide one of the following: 1. Acrylic -Emulsion Sealant: a. "AC -20," Pecora Corp. b. "Sonolac," Sonneborn Building Products Div., ChemRex, Inc. C. "Tremco Acrylic Latex 834," Tremco, Inc. 2.5 JOINT SEALANT BACKING A. General: Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. B. Plastic Foam Joint Fillers: Preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam of material indicated below and of size, shape, and density to control sealant depth and otherwise contribute to producing optimum sealant performance: 1. Open -cell polyurethane foam. 2. Closed -cell polyethylene foam, nonabsorbent to liquid water and gas, nonoutgassing in unruptured state. 3. Proprietary, reticulated, closed -cell polymeric foam, nonoutgassing, with a density of 2.5 pcf (40 lig/cap. in) and tensile strength of 35 psi (240 kPa) per ASTM D 1623, and with water absorption less than 0.02 g/cc per ASTM C 1083. 4. Any material indicated above. C. Elastomeric Tubing Joint Fillers: Neoprene, butyl, EPDM, or silicone tubing complying with ASTM D 1056, nonabsorbent to water and gas, capable of remaining resilient at temperatures down to - 26 deg F (-.)2 deg C). Provide products with low compression set and of size and shape to provide a secondary seal, to control sealant depth, and otherwise contribute to optimum sealant performance. D. Bond -Breaker Tape: Polyethylene tape or other plastic tape as recommended by sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide self-adhesive tape where applicable. E. 2.6 MISCELLANEOUS MATERIALS A. Primer: Material recommended by joint sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint sealant -substrate tests and field tests. B. Cleaners for Nonporous Surfaces: Chemical cleaners acceptable to manufacturers of sealants and sealant backing materials, free of oily residues or other substances capable of staining or harming in any way joint substrates and adjacent nonporous surfaces, and formulated to promote optimum adhesion of sealants with joint substrates. JOINT SEALANTS 07901 - 3 Copyright 1991 AIA MASTERSPEC 5/91(Ml/94) C. Masking Tape: Nonstaining, nonabsorbent material compatible with joint sealants and surfaces adjacent to joints. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting joint sealant performance. Do not proceed with installation of joint sealants until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with recommendations of joint sealant manufacturer and the following requirements: 1. Remove all foreign material from joint substrates that could interfere with adhesion of joint sealant, including dust, paints (except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer), old joint sealants, oil, grease, waterproofing, water repellents, water, surface dirt, and frost. 2. Clean concrete, masonry, unglazed surfaces of ceramic tile, and similar porous joint substrate surfaces by brushing, grinding, blast cleaning, mechanical abrading, or a combination of these methods to produce a clean, sound substrate capable of developing optimum bond with joint sealants. Remove loose particles remaining from above cleaning operations by vacuuming or blowing out joints with oil -free compressed air. 3. Remove laitance and form release agents from concrete. 4. Clean metal, glass, porcelain enamel, glazed surfaces of ceramic tile, and other nonporous surfaces with chemical cleaners or other means that do not stain, harm substrates, or leave residues capable of interfering with adhesion of joint sealants. B. Joint Priming: Prime joint substrates where indicated or where recommended by joint sealant manufacturer based on preconstruction joint sealant -substrate tests or prior experience. Apply primer to _ comply with joint sealant manufacturer's recommendations. Confine primers to areas of joint sealant bond; do not allow spillage or migration onto adjoining surfaces. C. Masking Tape: Use masking tape where required to prevent contact of sealant with adjoining surfaces that otherwise would be permanently stained or damaged by such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after tooling without disturbing joint seal. _ 3.3 INSTALLATION OF JOINT SEALANTS A. General: Comply with joint sealant manufacturer's printed installation instructions applicable to products and applications indicated, except where more stringent requirements apply. B. Sealant Installation Standard: Comply with recommendations of ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. C. Installation of Sealant Backings: Install sealant backings to comply with the following requirements: 07901-4 JOINT SEALANTS rii Copyright 1991 AIA MASTERSPEC 5/91(M1/94) 1. Install joint fillers of type indicated to provide support of sealants during application and at position required to produce the cross-sectional shapes and depths of installed sealants relative to M. joint widths that allow optimum sealant movement capability. a. Do not leave gaps between ends of joint fillers. b. Do not stretch, twist, puncture, or tear joint fillers. C. Remove absorbent joint fillers that have become wet prior to sealant application and replace with dry material. 2. Install bond breaker tape between sealants where backer rods are not used between sealants and joint fillers or back of joints. D. Installation of Sealants: Install sealants by proven techniques that result in sealants directly contacting and fully wetting joint substrates, completely filling recesses provided for each joint configuration, and providing uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. Install sealants at the same time sealant backings are installed. E. Tooling of Nonsag Sealants: Immediately after sealant application and prior to time skinning or curing begins, tool sealants to form smooth, uniform beads of configuration indicated, to eliminate air pockets, and to ensure contact and adhesion of sealant with sides of joint. Remove excess sealants from surfaces adjacent to joint. Do not use tooling agents that discolor sealants or adjacent surfaces or are not approved by sealant manufacturer. 1. Provide concave joint configuration per Figure 5A in ASTM C 1193, unless otherwise indicated. 3.4 CLEANING A. Clean off excess sealants or sealant smears adjacent to joints as work progresses by methods and with cleaning materials approved by manufacturers of joint sealants and of products in which joints occur. 3.5 PROTECTION A. Protect joint sealants during and after curing period from contact with contaminating substances or from damage resulting from construction operations or other causes so that they are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately so that and installations with repaired areas are indistinguishable from original work. END OF SECTION 07901 JOINT SEALANTS 07901 -5 a Copyright 1995 AIA MASTERSPEC SECTION 08410 - ALUMP UM ENTRANCES AND STOREFRONTS PART 1 - GENERAL 8/95 1.1 RELATED DOCUMENTS A Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes. the following: �., 1. Exterior entrance systems. ` B. Related sections include the following: I. Division 7 Section "Joint Sealants forjoint sealants installed as J part of aluminum entrance and storefront systems. 2. Division 8 Section "Glazing." ..:,.� 1.3` SYSTEM DESCRIPTION A. General: Provide aluminum entrance and storefront systems capable of withstanding loads and thermal and structural movement requirements indicated without failure, based on testing manufacturer's standard units in assemblies similar to those indicated for this Project. Failure includes the following: 1. Air infiltration and water penetration exceeding specified limits. 2. Framing members transferring stresses, including those caused by thermal and structural movement, to glazing units. B. Glazing: Physically and thermally isolate glazing from framing members. C. Wind Loads: Provide entrance and storefront systems, including anchorage, capable of withstanding wind -load design pressures calculated according to requirements of authorities having jurisdiction or the *" American Society of Civil Engineers' ASCE 7, "Minimum Design Loads for Buildings and Other Structures," 6.4.2, "Analytical Procedure," whichever are more stringent. ,," 1. Deflection of framing members in a direction normal to wall plane is limited to 1/175 of clear span or 3/4 inch (1.9 mm), whichever is smaller, unless otherwise indicated. 2. Static -Pressure Test Performance: Provide entrance and storefront systems that do not evidence material failures, structural distress, failure of operating components to function normally, or permanent deformation of main framing members exceeding 0.2 percent of clear span when tested according to ASTM E 330. a. Test Pressure: 150 percent of inward and outward wind -load design pressures. ALUMINUM ENTRANCES AND STOREFRONTS 08410-1 Copyright 1995 AIA MASTERSPEC 8/95 b Duration: As required by design wind velocity; fastest 1 mile "1,609 ki,i) of wind for relevant exposure category. D. Air Infiltration: Provide entrance and storefront systems with permanent resistance to air leakage through fixed glazing and frame areas of not more than 0.46 cfnt/sq. ft. (t?.: l srscl-n) of fixed wall area when tested according to ASTM E 283 at a static -air -pressure difference of 1.57 lbf/sq. ft. (75.2 Pa). E. Water Penetration: Provide entrance and storefront systems that do not evidence water leakage through fixed glazing and frame areas when tested according to ASTM E 331 at minimum differential pressure of 20 percent of inward -acting wind -load design pressure asdefined by ASCE 7; "Minimum Design Loads for Buildings and Other Structures," but not less than 6.24 lbf/sq. ft. (299 Pa). Water leakage is defined as follows: 1. Uncontrolled water infiltrating systems or appearing on systems' normally exposed interior surfaces from sources other than condensation. Water controlled by flashing and gutters that is drained back to the exterior and cannot damage adjacent materials or finishes is not water leakage. de storefront systems with condensation resistance factor (CRF) of not F. Condensation Resistance: Provi less than 45 when tested according to AAMA 1503.1. G. Dimensional Tolerances: Provide entrance and storefront systems that accommodate dimensional tolerances of building frame and other adjacent construction. 1.4 SUBMITTALS A. Product Data: For each product specified. Include details of construction relative to materials, dimensions of individual components, profiles, and finishes. B. Shop Drawings: For entrance and storefront systems. Show details of fabrication and installation, including plans, elevations, sections, details of components, provisions for expansion and contraction, and attachments to other work. 1. For entrance systems, include harware schedule and indicate operating hardware types, quantities, and locations. 1.5 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced installer to assume engineering responsibility and perform work of this Section who has specialized in installing entrance and storefront systems similar to those required for this Project and who is acceptable to manufacturer. 1. Engineering Responsibility: Prepare data for entrance and storefront systems, including Shop Drawings, based on testing and engineering analysis of manufacturer's standard units in assemblies similar to those indicated for this Project. B. Source Limitations: Obtain each type of entrance and storefront system through one source from a single manufacturer. 1.6 PROJECT CONDITIONS A. Field Measurements: verify dimensions by field measurements before fabrication and indicate measurements m Shop Drawings. Coordinate fabrication schedule with construction progress to avoid delaying the Work. PART2-PRODUCTS ALUMINUM ENTRANCES AND STOREFRONTS 08410-2 Copyright 1995 AIA MASTERSPEC 8/95 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Arch Amarlite. 2. Butler Manufacturing Company; Vistawall Architectural Products. 3. CMI Architectural Products, Inc. 4. Commercial Architectural Products, Inc. 5. EFCO Corporation. 6. International Aluminum Corporation; U.S. Aluminum. 7. Kawneer Company, Inc. 8. Pittco Architectural Metals, Inc. 9. Tajima Corporation. 10. Tubelite Architectural Systems. 11. WCI Company; Waltek. 12. YKK AP America Inc. 2.2 MATERIALS A. Aluminum: Alloy and temper recommended by manufacturer for type of use and finish indicated, complying with the requirements of standards indicated below. 1. Sheet and Plate: ASTM B 209 (ASTM B 209M). 2. Extruded Bars, Rods, Shapes, and Tubes: ASTM B 221 (ASTAM B 2211%f). 3. Extruded Structural Pipe and Tubes: ASTM B 429. 4. Bars, Rods, and Wire: ASTM B 211 (ASTM B 211Iv1'). ' S. Welding Rods and Bare Electrodes: AWS A5.10. B. Steel Reinforcement: Complying with ASTM A 36 (ASTM A' 61ti1) for structural shapes, plates., and bars; ASTM A 611 for cold -rolled sheet and strip; or ASTM A 570 (A.STNI A 570.%TI for hot -rolled x sheet and strip. r� C. Glazing as specified in Division 8 Section "Glazing." D. Glazing Gaskets: Manufacturer's standard pressure -glazing system of black, resilient glazing gaskets, setting blocks, and shims or spacers, fabricated from an elastomer of type and in hardness recommended by system and gasket manufacturer to comply with system performance requirements. Provide gasket _. assemblies that have corners sealed with sealant recommended by gasket manufacturer. E. Spacers, Setting Blocks, Gaskets, and Bond Breakers: Manufacturer's standard permanent, nonmigrating types in hardness recommended by manufacturer, compatible with sealants, and suitable for system performance requirements. F. Structural Silicone Sealant: Type recommended by sealant and system manufacturers that complies with ASTM C 1184 requirements, is compatible with system components with which it comes in contact, and is specifically formulated and tested for use as a structural sealant. 1. Color: Match existing. 0" ALUMINUM ENTRANCES AND STOREFRONTS 08410-3 Copyright 1995 AIA MASTERSPEC 8/95 2. Tensile Strength: 100 psi (680.5 kPa)minimum. 3. Provide sealant with modulus of elasticity that will not allow movement of more than 25 percent of joint width, unless less movement is required by structural -sealant -glazed systems' design. 4. Use neutral -cure silicone sealant with insulating -glass units. G. Secondary Sealant: For use as weatherseal, compatible with structural silicone sealant and other system components with which it comes in contact, and that accommodates a 50 percent increase or decrease in joint width at the time of application when measured according to ASTM C 719. 1. Color: Match existing. 2. Use neutral -cure silicone sealant with insulating -glass units. H. Framing system gaskets, sealants, and joint fillers as recommended by manufacturer for joint type. I. Sealants and joint fillers for joints at perimeter of entrance and storefront systems as specified in Division 7 Section "Joint Sealants." 2.3 COMPONENTS A. Doors: Provide manufacturer's standard 1 -3/4 -inch- (44.5-inrii-) thick glazed doors with minimum 0.125 -inch- thick, extruded tubular rail and stile members. Mechanically fasten corners with reinforcing brackets that are deep penetration and fillet welded or that incorporate concealed tie -rods. 1: Glazing Stops and Gaskets: Provide manufacturer's standard snap -on extruded -aluminum glazing stops and preformed gaskets. 2. Stile Design: Narrow stile; 2 -inch (50.8 -;pini) nominal width. B. Brackets and Reinforcements: Provide manufacturer's standard brackets and reinforcements that are compatible with adjacent materials. Provide nonstaining, nonferrous shims for aligning system components. C. Fasteners and Accessories: Manufacturer's standard corrosion -resistant, nonstaining, nonbleeding fasteners and accessories compatible with adjacent materials. 1. Reinforce members as required to retain fastener threads. 2. Do not use exposed fasteners, except for hardware application. For hardware application, use countersunk Phillips flat -head machine screws finished to match framing members or hardware being fastened, unless otherwise indicated. D. Concrete and Masonry Inserts: Hot -dip galvanized cast-iron, malleable -iron, or steel inserts complying with ASTM A 123 or ASTM A 153 requirements. E. Weather Stripping: Manufacturer's standard replaceable weather stripping as follows: 1. Compression Weather Stripping: Molded neoprene complying with ASTM D 2000 requirements or molded PVC complying with ASTM D 2287 requirements. 2. Sliding Weather Stripping: Wool, polypropylene, or nylon woven pile with nylon -fabric or aluminum -strip backing complying with AAMA 701 requirements. 2.4 HARDWARE ALUMINUM ENTRANCES AND STOREFRONTS 08410-4 Copyright 1995 AIA MASTERSPEC 8/95 A. General: Provide heavy-duty hardware units indicated in sizes, number, and type recommended by manufacturer for entrances indicated. Finish exposed parts to match door finish, unless otherwise indicated. B. Ball -Bearing Butts: ANSI/BHMA A156.1, Grade 1, 5 -knuckle, 4 -1/2 -by -4 -inch ( 101,6 -be -114. 3-nl i) ball-bearing butts. Provide nonremovable pins at hinges exposed to door outside and provide nonferrous hinges for applications exposed to weather. Provide 3 hinges at each leaf for doors up to 36 inches (914 nim) wide and 80 inches (4032 mm) tall; provide 4 hinges at each leaf for taller doors. C. Closers, General: Comply with manufacturer's recommendations for closer size, depending on door size, exposure to weather, and anticipated frequency of use. 1. Closing Cycle: Comply with requirements of authorities having jurisdiction or the Americans with Disabilities Act (ADA), "Accessibility Guidelines for Buildings and Facilities (ADAAG)," whichever are more stringent. 2. Opening Force: Comply with the following maximum opening -force requirements for locations indicated: a. Exterior Doors: 15 lbf (67 N). D. Surface -Mounted Overhead Closers: ANSI/BHMA A156.4, Grade 1. Provide cover and the following: 1. Mounting: Hinge side. 2. Mounting: Parallel arm. 3. Hold Open: Automatic, at angle selected by Architect from manufacturer's standard options. 4. Hold Open: None. 5. Back Check: Adjustable. E. Door Stops: ANSI/BHMA A156.16, Grade 1, floor- or wall -mounted door stop, as appropriate for door location indicated, with integral rubber bumper. F. Cylinders: As specified in Division 8 Section "Door Hardware." G. Rim Cylinders: Manufacturer's standard rim cylinders for installation in exit devices complying with ANSI/BHMA A156.5, Grade 1 requirements. H. Thumb Turns: Manufacturer's standard cast -aluminum -alloy, inside thumb -turn cylinders. I. Cylinder Guard: Manufacturer's standard hardened -steel security ring with retainer plate for inside stile s* wall that protects lock cylinder from removal p cy by wrenches, prying, or sawing. I Rim -Mounted Exit Devices: Rim -type exit device complying with UL 305 requirements and with one - point latching at door -lock stile that is released by a full -width crash bar or when locked down (dogged) by lock cylinder or retracting screws beneath housing. K. Pull Handles: As selected by Architect from manufacturer's full range of pull handles and plates. L. Thresholds: At exterior doors, provide manufacturer's standard threshold with cutouts coordinated for operating hardware, with anchors and jamb clips, and not more than 1/2 -inch- ;117 -nim-) high, with beveled edges providing a floor level change with a slope of not more than 1:2, and in the following material: 1. Material: Match existing. ALUMINUM ENTRANCES AND STOREFRONTS 08410-5 Copyright 1995 AIA MASTERSPEC 8/95 M. Weather Sweeps: Manufacturer's standard weather sweep for application to exterior door bottoms and with concealed fasteners on mounting strips. 2.5 FABRICATION A General: Fabricate components that, when assembled, will have accurately fitted joints with ends coped or mitered to produce hairline joints free of burrs and distortion. After fabrication, clearly mark components to identify their locations in Project according to Shop Drawings. 1. Fabricate components for screw -spline frame construction: B. Forming: Form shapes with sharp profiles, straight and free of defects or deformations before finishing. C. Prepare components to receive concealed fasteners and anchor and connection devices. D. Fabricate components to drain water passing joints and condensation and moisture occurring or migrating within the system to the exterior. E. Glazing Channels: Provide minimum clearances for thickness and type of glass indicated according to FGMA's "Glazing Manual." F. Metal Protection: Where aluminum will contact dissimilar metals, protect against galvanic action by painting contact surfaces with primer or by applying sealant or tape recommended by manufacturer for this purpose. Where aluminum will contact concrete or masonry, protect against corrosion by painting contact surfaces with bituminous paint. G. Entrances: Fabricate door framing in profiles indicated. Reinforce as required to support imposed loads. Factory assemble door and frame units and factory install hardware to greatest extent possible. Reinforce door and frame units as required for installing hardware indicated. Cut, drill, and tap for factory -installed hardware before finishing components. 1. Exterior Doors: Provide compression weather stripping at fixed stops. At other locations, provide sliding weather stripping retained in adjustable strip mortised into door edge. 2.6 ALUMINUM FINISHES A. General: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations relative to applying and designating finishes. B. Appearance of Finished Work: Variations in appearance of abutting or adjacent pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are not acceptable. Variations in appearance of other components are acceptable if they are within the range Of approved Samples and are assembled or installed to minimize contrast. C. Class I, Color Anodic Finish: AA-M12C22A42/A44 (Mechanical Finish: nonspecular as fabricated; Chemical Finish: etched, medium matte; Anodic Coating: Architectural Class I, integrally colored or 18 mm or thicker) complying with AAMA 606.1 or electrolytically deposited color coating 0.0 PART 3 - EXECUTION ALUMINUM ENTRANCES AND STOREFRONTS 08410-6 Copyright 1995 AIA MASTERSPEC 8/95 K 3.1 EXAMINATION A. Examine areas, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of entrance and storefront systems. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. General: Comply with manufacturer's written instructions for protecting, handling, and installing entrance and storefront systems. Do not install damaged components. Fit frame joints to produce hairline joints free of burrs and distortion. Rigidly secure nonmovement joints. Seal joints watertight. B. Metal Protection: Where aluminum will contact dissimilar metals, protect against galvanic action by painting contact surfaces with primer or by applying sealant or tape recommended by manufacturer for this purpose. Where aluminum will contact concrete or masonry, protect against corrosion by painting contact surfaces with bituminous paint. C. Install components to drain water passing joints and condensation and moisture occurring or migrating within the system to the exterior. D. Set continuous sill members and flashing in a full sealant bed to provide weathertight construction unless otherwise indicated. Comply with requirements of Division 7 Section "Joint Sealants." E. Install framing components plumb and true in alignment with established lines and grades without warp or rack of framing members. F. Install entrances plumb and true in alignment with established lines and grades without warp or rack. t. Lubricate operating hardware and other moving parts according to hardware manufacturers' written instructions. 1. Install surface -mounted hardware according to manufacturer's written instructions using concealed fasteners to greatest extent possible. G. Install glazing to comply with requirements of Division 8 Section "Glazing," unless otherwise indicated. 1. Prepare surfaces that will contact structural sealant according to sealant manufacturer's written instructions to ensure compatibility and adhesion. Preparation includes, but is not limited to, cleaning and priming surfaces. 2. Install structural silicone sealant according to sealant manufacturer's written instructions. 3. Mechanically fasten glazing in place until structural sealant is cured. 4. Remove excess sealant from component surfaces before sealant has cured. .. H. Install perimeter sealant to comply with requirements of Division 7 Section "Joint Sealants," unless otherwise indicated. I. Erection Tolerances: Install entrance and storefront systems to comply with the following maximum tolerances: 1. Variation from Plane: Limit variation from plane or location shown to 1/8 inch in 12 feet (3 inns «� in 3.7 n.); 1/4 inch (fi nun) over total length. ALUMINUM ENTRANCES AND STOREFRONTS 08410-7 Copyright 1995 AIA MASTERSPEC 8/95 2. Alignment: Where surfaces abut in line, limit offset from true alignment to 1/16 inch (1.5 n1m). Where surfaces meet at corners, limit offset from true alignment to 1/32 inch (0,8 inns). 3. Diagonal Measurements: Limit difference between diagonal measurements to 1/8 inch (3 n,n,. 3.4 ADJUSTING AND CLEANING A. Adjust doors and hardware to provide tight fit at contact points and weather stripping, smooth operation, and weathertight closure. B. Remove excess sealant and glazing compounds, and dirt from surfaces. 3.5 PROTECTION A. Provide final protection and maintain conditions, in a manner acceptable to manufacturer and Installer, that ensure entrance and storefront systems are without damage or deterioration at the time of _ Substantial Completion. END OF SECTION 08410 ALUMINUM ENTRANCES AND STOREFRONTS 08410-8 Copyright 1991 AIA MASTERSPEC 11/91(M1/94) f"111 SECTION 08800 - GLAZING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes glazing for the following products, including those specified in other Sections where glazing requirements are specified by reference to this Section: 1. Entrances and other doors. 1.3 DEFINITIONS A. Manufacturer is used in this Section to refer to a firm that produces primary glass or fabricated glass as defined in the referenced glazing standard. 1.4 SYSTEM PERFORMANCE REQUIREMENTS A. General: Provide glazing systems that are produced, fabricated, and installed to withstand normal thermal movement, wind loading, and impact loading (where applicable), without failure including loss or glass breakage attributable to the following: defective manufacture, fabrication, and installation; failure of sealants or gaskets to remain watertight and airtight; deterioration of glazing materials; and other defects in construction. B. Glass Design: Glass thicknesses indicated on Drawings are for detailing only. Confirm glass thicknesses by analyzing Project loads and in-service conditions. Provide glass liter for the various size openings in the thicknesses and strengths (annealed or heat-treated) to meet or exceed the following criteria: 1. Minimum glass thickness, nominally, of lites in exterior walls is 3/16". C. Normal thermal movement results from the following maximum change (range) in ambient and surface temperatures acting on glass -framing members and glazing components. Base engineering calculation on materials' actual surface temperatures due to both solar heat gain and nighttime sky heat loss. 1. Temperature Change (Range): 120 F deg t 7 C deg), ambient; 180 F deg (.100 C dcg), material surfaces. 1.5 SUBMITTALS A. General: Submit the following according to Conditions of Contract and Division 1 Specification Sections. GLAZING 08800-1 Copyright 1991 AIA MASTERSPEC 11/91(M1/94) B. Product data for each glass product and glazing material indicated. C. Samples for verification purposes of 12 -inch X00 nuu) square samples of each type of glass indicated except for clear monolithic glass products, and 12 -inch (3,00 nim) long samples of each color required (except black) for each type of sealant or gasket exposed to view. Install sealant or gasket sample between two strips of material representative in color of the adjoining framing system. D. Product certificates signed by glazing materials manufacturers certifying that their products comply with specified requirements. 1. Separate certifications are not required for glazing materials bearing manufacturer's permanent labels designating type and thickness of glass, provided labels represent a quality control program of a recognized certification agency or independent testing agency acceptable to authorities having jurisdiction. E. Compatibility and adhesion test reports from sealant manufacturer indicating that glazing materials were tested for compatibility and adhesion with glazing sealants. Include sealant manufacturer's interpretation of test results relative to sealant performance and recommendations for primers and substrate preparation needed for adhesion. F. Compatibility test report from manufacturer of insulating glass edge sealant indicating that glass edge sealants were tested for compatibility with other glazing materials including sealants, glazing tape, gaskets, setting blocks, and edge blocks. G. Product test reports for each type of glazing sealant and gasket indicated, evidencing compliance with requirements specified. H. Maintenance data for glass and other glazing materials to include in Operating and Maintenance Manual specified in Division 1. 1.6 QUALITY ASSURANCE A. Glazing Publications: Comply with published recommendations of glass product manufacturers and organizations below, except where more stringent requirements are indicated. Refer to these publications for glazing terms not otherwise defined in this Section or in referenced standards. 1. FGMA Publications: "FGMA Glazing Manual." 2. AAMA Publications: AAMA TIR-A7 "Sloped Glazing Guidelines" and "Glass Design for Sloped Glazing." ;. LSGA Publications: "LSGA Design Guide." 4. SIGMA Publications: TM -3000 "Vertical Glazing Guidelines" and TB -3001 "Sloped Glazing Guidelines." B. Safety Glass: Products complying with ANSI Z97.1 and testing requirements of 16 CFR Part 1201 for Category II materials. 1. Subject to compliance with requirements, provide safety glass permanently marked with certification label of Safety Glazing Certification Council (SGCC) or other certification agency acceptable to authorities having jurisdiction. GLAZING 08800-2 i Copyright 1991 AIA MASTERSPEC 11/91(NI1/94) C. Insulating Glass Certification Program: Provide insulating glass units permanently marked either on spacers or at least one component lite of units with appropriate certification label of inspecting and testing agency indicated below: 1. Insulating Glass Certification Council (IGCC). 2. Associated Laboratories, Inc. (ALI). a` 3. National Certified Testing Laboratories (NCTL). D. Glazier Qualifications: Engage an experienced glazier who has completed glazing similar in material, design, and extent to that indicated for Project with a record of successful in-service performance. E. Single -Source Responsibility for Glass: Obtain glass from one source for each product indicated below: 1. Primary glass of each (ASTM C 1036) type and class indicated. 2. Heat-treated glass of each (ASTM C 1048) condition indicated. 3. Laminated glass of each (ASTM C 1172) kind indicated. 4. Insulating glass of each construction indicated. F. Single -Source Responsibility for Glazing Accessories: Obtain glazing accessories from one source for each product and installation method indicated. 1.7 DELIVERY, STORAGE, AND HANDLING A. Protect glazing materials to comply with manufacturer's directions and as needed to prevent damage to glass and glazing materials from condensation, temperature changes, direct exposure to sun, or other causes. 1. Where insulating glass units will be exposed to substantial altitude changes, comply with insulating glass fabricator's recommendations for venting and sealing to avoid hermetic seal ruptures. 1.8 PROJECT CONDITIONS A. Environmental Conditions: Do not proceed with glazing when ambient and substrate temperature conditions are outside the limits permitted by glazing materials manufacturer or when glazing channel substrates are wet from rain, frost, condensation, or other causes. 1. Install liquid sealants at ambient and substrate temperatures above 40 deg F (4 deg C). 1.9 WARRANTY A. General: Warranties specified in this Article shall not deprive the Owner of other rights the Owner may ., have under other provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the Contractor under requirements of the Contract Documents. B. Manufacturer's Warranty on Insulating Glass: Submit written warranty signed by manufacturer of insulating glass agreeing to furnish replacements for insulating glass units that deteriorate as defined in ` "Definitions" article, f.o.b. point of manufacture, freight allowed Project site, within specified warranty period indicated below. Warranty covers only deterioration due to normal conditions of use and not to "^ handling, installing, protecting, and maintaining practices contrary to glass manufacturer's published instructions. GLAZING 08800-3 Copyright 1991 AIA MASTERSPEC 11/91(M1/94) 1. Warranty Period: Manufacturer's standard but not less than 10 years after date of Substantial Completion. PART 2 -PRODUCTS 2.1 MANUFACTURERS A. Available Products: Subject to compliance with requirements, products that may be incorporated in the Work include, but are not limited to, the products specified in Product Data Sheets at end of this Section. B. Products: Subject to compliance with requirements, provide one of the products specified in Product Data Sheets at end of this Section. 2.2 HEAT-TREATED FLOAT GLASS PRODUCTS, GENERAL A. Fabrication Process: By vertical (tong -held) or horizontal (roller -hearth) process, at manufacturer's option, except provide horizontal process where indicated as tongless or free of tong marks. 2.3 HEAT-TREATED FLOAT GLASS A. Uncoated, Clear, Heat -Treated Float Glass: ASTM C 1048, Condition A (uncoated surfaces), Type I (transparent glass, flat), Class 1 (clear), Quality q3 (glazing select), kind as indicated below. 1. Kind FT (fully tempered) as required. B. Available Manufacturers: Subject to compliance with requirements, manufacturers offering heat-treated glass products that may be incorporated in the Work include, but are not limited to, the following companies. C. Manufacturers: Subject to compliance with requirements, provide heat-treated glass by one of the following companies. 1. AFG Industries, Inc. 2. Artistic Glass Products Co. 3. Cardinal IG. 4. Saint-Gobain. 5. Falconer Glass Industries. 6. Glasstemp, Inc. 7. Guardian Industries Corp. 8. HGP Industries. 9. PPG Industries, Inc. 10. Spectrum Glass Products, Inc. 11. Tempglass. 12. Viracon, Inc. GLAZING 08800-4 r Copyright 1991 AIA r 2.4 A. 1:1 147 GLAZING GASKETS MASTERSPEC 11/91(Ml/94) Lock -Strip Gaskets: Neoprene extrusions in size and shape indicated, fabricated into frames with molded corner units and zipper lock strips, complying with ASTM C 542, black. Dense Compression Gaskets: Molded or extruded gaskets of material indicated below, complying with standards referenced with name of elastomer indicated below, and of profile and hardness required to maintain watertight seal: 1. Neoprene, ASTM C 864. 2. EPDM, ASTM C 864. 3. Silicone, ASTM C 1115. 4. Thermoplastic polyolefin rubber, ASTM C 1115, 5. Any material indicated above. Soft Compression Gaskets: Extruded or molded closed -cell, integral -skinned gaskets of material indicated below, complying with ASTM C 509, Type II, black, and of profile and hardness required to maintain watertight seal: 1. Neoprene. 2. EPDM. 3. Silicone. 4. Thermoplastic polyolefin rubber. 5. Any material indicated above. a...; D. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated in the work include, but are not limited to, the following companies. E. Manufacturers: Subject to compliance with requirements, provide products by one of the following companies. 1. Lock -Strip Gaskets: a. Stanlock Div., Griffith Rubber Mills. 2. Preformed Gaskets: a. Advanced Elastomer Systems, L.P. b. Schnee -Morehead, Inc. C. Tremco, Inc. 2.5 MISCELLANEOUS GLAZING MATERIALS ¢** A. General: Provide products of material, size, and shape complying with referenced glazing standard, requirements of manufacturers of glass and other glazing materials involved for glazing application indicated, and with a proven record of compatibility with surfaces contacted in installation. B. Cleaners, Primers and Sealers: Type recommended by sealant or gasket manufacturer. C. Edge Blocks: Elastomeric material of hardness needed to limit glass lateral movement (side -walking). ,., ' GLAZING 08800-5 Copyright 1991 AIA MASTERSPEC 11/91(Ml/94) D. Plastic Foam Joint Fillers: Preformed, compressible, resilient, nonstaining, nonextruding, nonoutgassing, strips of closed -cell plastic foam of density, size, and shape to control sealant depth and otherwise contribute to produce optimum sealant performance. 2.6 FABRICATION OF GLASS AND OTHER GLAZING PRODUCTS A. Fabricate glass and other glazing products in sizes required to glaze openings indicated for Project, with edge and face clearances, edge and surface conditions, and bite complying with recommendations of product manufacturer and referenced glazing standard as required to comply with system performance requirements. B. Clean cut or flat grind vertical edges of butt -glazed monolithic lites in a manner that produces square edges with slight kerfs at junctions with indoor and outdoor faces. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine glass framing, with glazier present, for compliance with the following: 1. Manufacturing and installation tolerances, including those for size, squareness, offsets at corners. 2. Presence and functioning of weep system. 3. Minimum required face or edge clearances. 4. Effective sealing between joints of glass -framing members. B. Do not proceed with glazing until unsatisfactory conditions have been corrected 3.2 PREPARATION A. Clean glazing channels and other framing members receiving glass immediately before glazing. Remove coatings that are not firmly bonded to substrates. 3.3 GLAZING, GENERAL A. Comply with combined recommendations of manufacturers of glass, sealants, gaskets, and other glazing nts are indicated including those in referenced glazing materials, except where more stringent requireme publications. B. Glazing channel dimensions as indicated on Drawings provide necessary bite on glass, minimum edge and face clearances, and adequate sealant thicknesses, with reasonable tolerances. Adjust as required by Project conditions during installation. C. Protect glass from edge damage during handling and installation as follows: Use a rolling block in rotating glass units to prevent damage to glass corners. Do not impact glass with metal framing. Use suction cups to shift glass units within openings; do not raise or drift glass with a pry bar. Rotate glass lites with flares or bevels on bottom horizontal edges so edges are located at top of opening, unless otherwise indicated by manufacturer's label. 08900-6 GLAZING Copyright 1991 AIA MASTERSPEC 11/91(Ml/94) 2. Remove damaged glass from Project site and legally dispose of off site. Damaged glass is glass eR with edge damage or other imperfections that, when installed, weaken glass and impair performance and appearance. D. Apply primers to joint surfaces where required for adhesion of sealants, as determined by preconstruction sealant -substrate testing. E. Install elastomeric setting blocks in sill rabbets, sized and located to comply with referenced glazing standard, unless otherwise required by glass manufacturer. Set blocks in thin course of compatible sealant suitable for heel bead. F. Do not exceed edge pressures stipulated by glass manufacturers for installing glass lites. G. Provide spacers for glass sizes larger than 50 united inches (1250 nein) (length plus height) as follows: 1. Locate spacers inside, outside, and directly opposite each other. Install correct size and spacing to preserve required face clearances, except where gaskets and glazing tapes are used that have demonstrated ability to maintain required face clearances and comply with system performance requirements. 2. Provide 1/8 -inch (.3 nun) minimum bite of spacers on glass and use thickness equal to sealant width. With glazing tape, use thickness slightly less than final compressed thickness of tape. H. Provide edge blocking to comply with requirements of referenced glazing publications, unless otherwise required by glass manufacturer. I. Where wedge-shaped gaskets are driven into one side of channel to pressurize sealant or gasket on opposite side, provide adequate anchorage so gasket cannot walk out when installation is subjected to movement. J. Square cut wedge-shaped gaskets at corners and install gaskets in manner recommended by gasket manufacturer to prevent corners from pulling away; seal corner joints and butt joints with sealant recommended by gasket manufacturer. 3.4 GASKET GLAZING (DRY) A. Fabricate compression gaskets in lengths recommended by gasket manufacturer to fit openings exactly, with stretch allowance during installation. B. Secure compression gaskets in place with joints located at corners to compress gaskets producing a weathertight seal without developing bending stresses in glass. Seal gasket joints with sealant recommended by gasket manufacturer. C. Install gaskets so they protrude past face of glazing stops. 3.5 PROTECTION AND CLEANING ,,,,, GLAZING 08800-7 Copyright 1991 AIA MASTERSPEC 11/91(Ml/94) A. Protect exterior glass from breakage immediately after installation by attaching crossed streamers to framing held away from glass. Do not apply markers to glass surface. Remove nonpermanent labels, and clean surfaces. B. Protect glass from contact with contaminating substances resulting from construction operations including weld splatter. If, despite such protection, contaminating substances do come into contact with glass, remove them immediately as recommended by glass manufacturer. C. Examine glass surfaces adjacent to or below exterior concrete and other masonry surfaces at frequent intervals during construction, but not less than once a month, for build-up of dirt, scum, alkali deposits, or stains, and remove as recommended by glass manufacturer. D. Remove and replace glass that is broken, chipped, cracked, abraded, or damaged in any way, including natural causes, accidents and vandalism, during construction period. E. Wash glass on both faces in each area of Project not more than 4 days prior to date scheduled for inspections that establish date of Substantial Completion. Wash glass as recommended by glass manufacturer. END OF SECTION 08800 GLAZING 08800-8 Copyright 1991 AIA MASTERSPEC 8/91(M1/94) SECTION 09660 - RESILIENT TILE FLOORING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Vinyl composition floor tile. 1.3 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. B. Product data for each type of product specified. 1. Certification by the manufacturer that products supplied for tile installation comply with local regulations controlling use of volatile organic compounds (VOC's). C. Samples for initial selection purposes in form of manufacturer's color charts consisting of actual tiles or sections of tiles showing full range of colors and patterns available for each type of resilient floor file indicated D. Samples for verification purposes in full-size tiles of each different color and pattern of resilient floor tile specified, showing full range of variations expected in these characteristics. E. Product certificates, in lieu of laboratory test reports when permitted by Architect, signed by manufacturer certifying that each product complies with requirements. F. Maintenance data for resilient floor tile, to include in Operating and Maintenance Manual specified in Division 1. 1.4 QUALITY ASSURANCE A. Single -Source Responsibility for Floor Tile: Obtain each type, color, and pattern of file from a single source with resources to provide products of consistent quality in appearance and physical properties without delaying progress of the Work. B. Fire Performance Characteristics: Provide resilient floor tile with the following fire performance characteristics as determined by testing products per ASTM test method indicated below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. 1. Critical Radiant Flux: 0.45 watts per sq cm or more per ASTM E 648. RESILIENT TILE FLOORING 09660-1 Copyright 1991 AIA MASTERSPEC 2. Smoke Density: Less than 450 per ASTM E 662. 8/91(M1/94) 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver tiles and installation accessories to Project site in original manufacturer's unopened cartons and containers each bearing names of product and manufacturer, Project identification, and shipping and handling instructions. B. Store flooring materials in dry spaces protected from the weather with ambient temperatures maintained between 50 deg F (10 deg C) and 90 deg F ;32 deg C). C. Store tiles on flat surfaces. Move tiles and installation accessories into spaces where they will be installed at least 48 hours in advance of installation. 1.6 PROJECT CONDITIONS A. Maintain a minimum temperature of 70 deg F (21 deg C) in spaces to receive tiles for at least 48 hours prior to installation, during installation, and for not less than 48 hours after installation. After this period, maintain a temperature of not less than 55 deg F €, 13 deg C). B. Do not install tiles until they are at the same temperature as the space where they are to be installed. C. Close spaces to traffic during tile installation. 1.7 SEQUENCING AND SCHEDULING A. Install tiles and accessories after other finishing operations, including painting, have been completed. 1.8 EXTRA MATERIALS A. Deliver extra materials to Owner. Furnish extra materials matching products installed as described below, packaged with protective covering for storage and identified with labels clearly describing contents. 1. Furnish not less than one box for each 50 boxes or fraction thereof, of each class, wearing surface, color, pattern and size of resilient floor tile installed. PART2-PRODUCTS 2.1 MANUFACTURERS A. Available Products: Subject to compliance with requirements, resilient floor tiles that may be incorporated in the Work include, but are not limited to, the products specified in each Product Data Sheet at end of this Section. B. Products: Subject to compliance with requirements, provide one of the products specified in each Product Data Sheet at end of this Section. RESILIENT TILE FLOORING 09660-2 Copyright 1991 AIA MASTERSPEC 8/91(MI/94) wru , 2.2 RESILIENT TILE e A. Vinyl Composition Floor Tile: Products complying with ASTM F 1066, Composition 1 (nonasbestos formulated), and with requirements specified in Vinyl Composition Floor Tile Product Data Sheet at end of this Section. 2.3 INSTALLATION ACCESSORIES A. Concrete Slab Primer: Nonstaining type as recommended by flooring manufacturer. B. Trowelable Underlayments and Patching Compounds: Latex -modified, portland-cement based formulation provided or approved by tile manufacturer for applications indicated. C. Adhesives (Cements): Water-resistant type recommended by tile manufacturer to suit resilient floor tile products and substrate conditions indicated. D. Metal Edge Strips: Extruded aluminum with mill finish of width shown, of height required to protect exposed edge of tiles, and in maximum available lengths to minimize running joints. PART 3 - EXECUTION 3.1 EXAMINATION A. General: Examine areas where installation of tiles will occur, with Installer present, to verify that substrates and conditions are satisfactory for tile installation and comply with tile manufacturer's requirements and those specified in this Section. B. Concrete Subfloors: Verify that concrete slabs comply with ASTM F 710 and the following: 1. Slab substrates are dry and free of curing compounds, sealers, hardeners, and other materials whose presence would interfere with bonding of adhesive. Determine adhesion and dryness characteristics by performing bond and moisture tests recommended by tile manufacturer. 2. Finishes of subfloors comply with tolerances and other requirements specified in Division 3 Section "Cast -In -Place Concrete" for slabs receiving resilient flooring. 3. Subfloors are free of cracks, ridges, depressions, scale, and foreign deposits of any kind. C. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. General: Comply with manufacturer's installation specifications to prepare substrates indicated to receive tile. B. Use trowelable leveling and patching compounds per tile manufacturer's directions to fill cracks, holes, and depressions in substrates. C. Remove coatings, including curing compounds, and other substances that are incompatible with flooring adhesives and that contain soap, wax, oil, or silicone, by using a terrazzo or concrete grinder, a drum ^* sander, or a polishing machine equipped with a heavy-duty wire brush. 09660-3 RESILIENT TILE FLOORING Copyright 1991 AIA MASTERSPEC 8/91(M1/94) D. Broom or vacuum clean substrates to be covered by tiles immediately before tile installation. Following cleaning, examine substrates for moisture, alkaline salts, carbonation, or dust. E. Apply concrete slab primer, if recommended by flooring manufacturer, prior to applying adhesive. Apply according to manufacturer's directions. 3.3 INSTALLATION A. General: Comply with file manufacturer's installation directions and other requirements indicated that are applicable to each type of tile installation included in Project. B. Lay out tiles from center marks established with principal walls, discounting minor offsets, so tiles at opposite edges of room are of equal width. Adjust as necessary to avoid using cut widths at perimeter that equal less than one-half of a tile. Install tiles square with room axis, unless otherwise indicated. C. Match tiles for color and pattern by selecting tiles from cartons in same sequence as manufactured and packaged, if so numbered. Cut tiles neatly around all fixtures. Discard broken, cracked, chipped, or deformed tiles. 1. Lay tiles in basket weave pattern with grain direction alternating between reversed in adjacent tiles. D. Where demountable partitions and other items are indicated for installing on top of finished tile floor, install file before these items are installed. E. Scribe, cut, and fit tiles to butt tightly to vertical surfaces, permanent fixtures, built-in furniture including cabinets, pipes, outlets, edgings, thresholds, and nosings. F. Extend tiles into toe spaces, door reveals, closets, and similar openings. — G. Maintain reference markers, holes, or openings that are in place or plainly marked for future cutting by repeating on finish flooring as marked on subfloor. Use chalk or other nonpermanent marking device. H. Install tiles on covers for telephone and electrical ducts, and similar items occurring within finished floor areas. Maintain overall continuity of color and pattern with pieces of flooring installed on these covers. Tightly adhere edges to perimeter of floor around covers and to covers. I. Adhere tiles to flooring substrates without producing open cracks, voids, raising and puckering at joints, telegraphing of adhesive spreader marks, or other surface imperfections in completed file installation. J. Use full spread of adhesive applied to substrate in compliance with tile manufacturer's directions including those for trowel notching, adhesive mixing, and adhesive open and working times. K. Hand roll tiles where required by file manufacturer. 3.4 CLEANING AND PROTECTION A. Perform the following operations immediately after completing file installation: 1. Remove visible adhesive and other surface blemishes using cleaner recommended by tile manufacturers. Z. Sweep or vacuum floor thoroughly. RESILIENT TILE FLOORING 09660-4 -- Copyright 1991 AIA MASTERSPEC 8/91(Ml/94) 3. Do not wash floor until after time period recommended by resilient floor tile manufacturer. 4. Damp -mop tile to remove black marks and soil. B. Protect flooring against mars, marks, indentations, and other damage from construction operations and placement of equipment and fixtures during remainder of construction period. Use protection methods indicated or recommended by tile manufacturer. 1. Apply protective floor polish to tile surfaces that are free from soil, visible adhesive, and surface blemishes. a. Use commercially available, metal, cross-linked acrylic product acceptable to tile manufacturer. b. Coordinate selection of floor polish with Owner's maintenance service. k 2. Do not move heavy and sharp objects directly over tiles. Place plywood or hardboard panels over tiles and under objects while they are being moved. Slide or roll objects over panels without moving panels. C. Clean tiles not more than 4 days prior to dates scheduled for inspections intended to establish date of r� Substantial Completion in each area of Project. Clean tiles using method recommended by manufacturer. 1. Strip protective floor polish that was applied after completing installation prior to cleaning. 2. Reapply floor polish after cleaning. t; PRODUCT DATA SHEET 1 - VINYL COMPOSITION FLOOR TILE A. Vinyl Composition Floor Tile Designation: VCT B. Class: [Class 1 (through pattern tile).] C. Wearing Surface: [Smooth] D. Thickness: [1/8 inch (3 mni).] E. Size: [12 -by -12 inches (300 rn i -by -300 nim.).] F. Color and Pattern: [As selected by Architect from manufacturer's full range of colors and patterns produced for the of class, wearing surface, thickness, size, and pattern specified.] END OF SECTION 09660 0 """" RESILIENT TILE FLOORING 09660-5 0 Copyright 1991 AIA MASTERSPEC 8/91(M1/94) SECTION 09678 - RESILIENT WALL BASE AND ACCESSORIES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Resilient wall base. 1.3 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. B. Product data for each type of product specified. C. Samples for initial selection purposes of manufacturer's standard sample sets in form of pieces cut from each type of product specified showing full range of colors and patterns available. 1.4 QUALITY ASSURANCE A Single -Source Responsibility for Products: Obtain each type and color of product specified from a single source with resources to provide products of consistent quality in appearance and physical properties without delaying progress of the Work. B. Fire Performance Characteristics: Provide products with the following fire performance characteristics as determined by testing products per ASTM test method indicated below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. 1. Critical Radiant Flux: 0.45 watts per sq cm or more per ASTM E 648. 2. Smoke Density: Less than 450 per ASTM E 662. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver products to Project site in original manufacturer's unopened cartons and containers, each bearing names of product and manufacturer, Project identification, and shipping and handling instructions. B. Store products in dry spaces protected from the weather with ambient temperatures maintained between 50 deg F 00 deg C) and 90 deg F i 3 2 deg C). C. Move products into spaces where they will be installed at least 48 hours in advance of installation. M"° RESILIENT WALL BASE AND ACCESSORIES 09678-1 Copyright 1991 AIA MASTERSPEC 8/91(Ml/94) 1.6 PROJECT CONDITIONS A. Maintain a minimum temperature of 70 deg F (21 deg C) in spaces to receive products specified in this Section for at least 48 hours prior to installation, during installation, and for not less than 48 hours after installation. After this period, maintain a temperature of not less than 55 deg F (i 3 deg C). B. Do not install products until they are at the same temperature as that of the space where they are to be installed. C. Close spaces to traffic during installation of products specified in this Section. 1.7 SEQUENCING AND SCHEDULING A. Sequence installing products specified in this Section with other construction to minimize possibility of damage and soiling during remainder of construction period. 1.8 EXTRA MATERIALS A. Deliver extra materials to Owner. Furnish extra materials matching products installed as described below, packaged with protective covering for storage, and identified with labels clearly describing contents. 1. Furnish not less than 10 linear feet (3 linear meters) for each 500 linear feet (150 linear meters) or fraction thereof of each different type and color of resilient wall base installed. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Products: Subject to compliance with requirements, products that may be incorporated in the Work include, but are not limited to, those specified in each Product Data Sheet at end of this Section. B. Products: Subject to compliance with requirements, provide one of the products specified in each Product Data Sheet at end of this Section. 2.2 RESILIENT WALL BASE A. Vinyl Wall Base: Products complying with FS SS -W-40, Type H, and requirements specified in the Vinvl Wall Base Product Data Sheet at end of this Section. 2.4 RESILIENT ACCESSORIES A. Vinyl Accessories: Products complying with requirements specified in Vinyl Accessory Product Data Sheet at end of this Section. 2.5 INSTALLATION ACCESSORIES RESILIENT WALL BASE AND ACCESSORIES 09678-2 Copyright 1991 AIA MASTERSPEC 8/91(M1/94) A. Concrete Slab Primer: Nonstaining type as recommended by flooring manufacturer. B. Trowelable Underlayments and Patching Compounds: Latex -modified, portland-cement based formulation provided or approved by flooring manufacturer for applications indicated. C. Adhesives: Water-resistant type recommended by manufacturer to suit resilient flooring product and substrate conditions indicated. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas where installation of products specified in this Section will occur, with Installer present, to verify that substrates and conditions are satisfactory for installation and comply with manufacturer's requirements and those specified in this Section. 3.2 PREPARATION A. General: Comply with manufacturer's installation specifications for preparing substrates indicated to receive products indicated. B. Use trowelable leveling and patching compounds per manufacturers directions to fill cracks, holes, and depressions in substrates. C. Remove coatings, including curing compounds, and other substances that are incompatible with flooring adhesives and that contain soap, wax, oil, or silicone, by using a terrazzo or concrete grinder, a drum sander, or a polishing machine equipped with a heavy-duty wire brush. E. Broom or vacuum clean substrates to be covered immediately before installing products specified in this Section. Following cleaning, examine substrates for moisture, alkaline salts, carbonation, or dust. F. Apply concrete slab primer, if recommended by flooring manufacturer, prior to applying adhesive. Apply according to manufacturer's directions. 3.3 INSTALLATION A. General: Install products specified in this Section using methods indicated according to manufacturer's installation directions. B. Apply resilient wall base to walls, columns, pilasters, casework, and other permanent fixtures in rooms and areas where base is required Install wall base in lengths as long as practicable. Tightly adhere wall base to substrate throughout length of each piece, with base in continuous contact Mth horizontal and vertical substrates. 1. On masonry surfaces or other similar irregular substrates, fill voids along top edge of resilient wall base with manufacturer's recommended adhesive filler material. + 2. Install inside and exterior corners before installing straight pieces. 3. Form inside corners on job from straight pieces of maximum lengths possible by cutting an inverted V-shaped notch in toe of wall base at the point where corner is formed Shave back of base where necessary to produce snug fit to substrate. ""° RESILIENT WALL BASE AND ACCESSORIES 09678-3 Copyright 1991 AIA MASTERSPEC 8/91(Ml/94) 4. Form outside corners on job from straight pieces of maximum lengths possible by shaving back of base at point where bending will occur. Remove a strip perpendicular to length of base and only deep enough to produce a snug fit without bends whitening or removal of more than half the thickness of wall base. C. Place resilient accessories so they are butted to adjacent materials of type indicated and bond to substrates with adhesive. Install reducer strips at edges of flooring that otherwise would be exposed. 3.4 CLEANING AND PROTECTION A. Perform the following operations immediately after completing installation: 1. Remove visible adhesive and other surface blemishes using cleaner recommended by manufacturers of resilient product involved. 2. Sweep or vacuum floor thoroughly. 3. Do not wash floor until after time period recommended by manufacturer. 4. Damp -mop resilient accessories to remove black marks and soil. B. Protect flooring against mars, marks, indentations, and other damage from construction operations and placement of equipment and fixtures during remainder of construction period. Use protection methods indicated or recommended by manufacturer of resilient product involved. 1. Apply protective floor polish to resilient accessories that are free from soil, visible adhesive, and surface blemishes. a. Use commercially available metal, cross-linked, acrylic product acceptable to resilient accessory manufacturer. b. Coordinate selection of floor polish with Owner's maintenance service. C. Clean products specified in this Section not more than 4 days prior to dates scheduled for inspections intended to establish date of Substantial Completion in each area of Project. Clean products using method recommended by manufacturer. 1. Strip protective floor polish that was applied after completing installation, prior to cleaning. 2. Reapply floor polish after cleaning. PRODUCT DATA SHEET 2 - VINYL WALL BASE A. Vinyl Wall Base Designation: VWB B. Style: [Cove with top -set toe.] C. Minimum Thickness [0.090 inch (2. 3 mm).] D. Height: [4 inches (10:1 mni).] E. Lengths: [Coils in lengths standard with manufacturer] [Cut lengths 48 inches (I 20il nnn,) long, or coils in lengths standard with manufacturer but not less than 96 feet ( 29 in).] F. Exterior Corners: [Premolded.] G. Interior Corners: [Premolded.] RESILIENT WALL BASE AND ACCESSORIES 09678-4 — Copyright 1991 AIA MASTERSPEC 8/91(Ml/94) H. Surface Characteristics: Smooth. I. Color and Pattern: [As selected by Architect from manufacturer's full range of colors and patterns t produced for vinyl wall base complying with requirements indicated.] PRODUCT DATA SHEET 6 - VINYL ACCESSORY A. Vinyl Accessory Designation: VA r*a B. Product Description: [Carpet edge for glue down applications.] [Reducer strip for resilient flooring.] <RETAIN ONE DESCRIPTION OR INSERT ANOTHER.> C. Profile and Dimensions: As recommended by flooring materials supplier. D. Color: [As selected by Architect from manufacturer's full range of colors Produced for vinyl accessories .., complying with requirements indicated.] END OF SECTION 09678 °*m RESILIENT WALL BASE AND ACCESSORIES 09678-5 I Copyright 1994 AIA MASTERSPEC SECTION 09680 - CARPET PART I - GENERAL 8/94 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specification Sections, apply to this Section. 1.2 SUMMARY " A. This Section includes carpet, carpet cushion, and installation. 1.3 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data for each type of carpet material, carpet cushion, and installation accessory specified. Submit manufacturer's printed data on physical characteristics, durability, fade resistance, and fire -test - response characteristics. Submit methods of installation for each type of substrate. C. Samples for initial selection in the form of manufacturer's color charts or Samples of materials showing the full range of colors, textures, and patterns available for each type of carpet indicated. D. Maintenance data for carpet and cushion to include in the operation and maintenance manual specified in Division 1. Include the following: 1. Methods for maintaining carpet and carpet cushion, including manufacturer's recommended frequency for maintaining carpet. 2. Precautions for cleaning materials and methods that could be detrimental to finishes and performance. Include cleaning and stain -removal products and procedures. 1.4 QUALITY ASSURANCE A. installer Qualifications: Engage an experienced Installer who is certified by the Floor Covering Installation Board (FCIB) or who can demonstrate compliance with FCIB certification program requirements. B. Single -Source Responsibility: Obtain each type of carpet from one source and by a single manufacturer. C. Carpet Fire -Test -Response Characteristics: Provide carpet with the following fire -test -response characteristics as determined by testing identical products per test method indicated below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify carpet with appropriate markings of applicable testing and inspecting agency. 1. Surface Flammability: Passes CPSC 16 CFR, Part 1630. 2. Flame Spread: 25 or less per ASTM E 84. 3. Smoke Developed: 450 or less per ASTM E 84. .rl "I CARPET 09680-1 Copyright 1994 AIA MASTERSPEC 8/94 1.5 DELIVERY, STORAGE, AND HANDLING A. General: Comply with the Carpet and Rug Institute's CRI 104, Section 5: "Storage and Handling." B. Deliver materials to Project site in original factory wrappings and containers, labeled with identification of manufacturer, brand name, and lot number. C. Store materials on-site in original undamaged packages, inside well -ventilated area protected from weather, moisture, soilage, extreme temperatures, and humidity. Lay flat, with continuous blocking off ground. 1.6 PROJECT CONDITIONS A. General: Comply with CRI 104, Section 6: "Site Conditions." B. Space Enclosure and Environmental Limitations: Do not install carpet until space is enclosed and weatherproof, wet -work in space is completed and nominally dry, work above ceilings is complete, and ambient temperature and humidity conditions are and will be continuously maintained at values near those indicated for final occupancy. 1.7 WARRANTY A. General Warranty: The special warranty specified in this Article shall not deprive the Owner of other rights the Owner may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the Contract Documents. B. Special Carpet Warranty: Submit a written warranty executed by carpet manufacturer and Installer agreeing to repair or replace carpet that does not meet requirements or that fails in materials or workmanship within the specified warranty period. Failures include, but are not limited to, more than 10 percent loss of face fiber, edge raveling, snags, runs, and delamination. C. Warranty Period: 5 years from date of Substantial Completion. 1.8 EXTRA MATERIALS A. Furnish extra materials described below that match products installed, are packaged with protective covering for storage, and are identified with labels clearly describing contents. 1. Carpet: Before installation begins, furnish quantity of full -width units equal to 5 percent of amount installed. PART2-PRODUCTS 2.1 CARPET CARPET 09680-2 Copyright 1994 AIA MASTERSPEC 8194 x. A. Available Products: Subject to compliance with requirements, products that may be incorporated in the Work include, but are not limited to, the products specified in each carpet Product Data sheet at end of this Section. B. Products: Subject to compliance with requirements, provide one of the products specified in each carpet OWN Product Data sheet at end of this Section. 2.2 CARPET CUSHION A. Available Products: Subject to compliance with requirements, products that may be incorporated in the Work include, but are not limited to, the products specified in each carpet cushion Product Data sheet at end of this Section. B. Products: Subject to compliance with requirements, provide one of the products specified in each carpet cushion Product Data sheet at end of this Section. 2.3 INSTALLATION ACCESSORIES A. Concrete -Slab Primer: Nonstaining type as recommended by the following: 1. Carpet manufacturer. B. Trowelable Underlayments and Patching Compounds: As recommended by the following: 1. Carpet manufacturer. C. Adhesives: Water-resistant, mildew -resistant, nonstaining type to suit products and subfloor conditions indicated and to comply with flammability requirements for installed carpet as recommended by the following: 1. Carpet manufacturer. D. Seaming Cement: Hot -melt adhesive tape or similar product recommended by carpet manufacturer for taping seams and butting cut edges at backing to form secure seams and to prevent pile loss at seams. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine subfloors and conditions, with Installer present, for compliance with requirements for maximum moisture content, alkalinity range, installation tolerances, and other conditions affecting performance of carpet. Do not proceed with installation until unsatisfactory conditions have been corrected - B. Verify that subfloors and conditions are satisfactory for carpet installation and comply with requirements specified in this Section and those of the following: 1. Carpet manufacturer. 3.2 PREPARATION r CARPET 09680-3 Copyright 1994 AIA MASTERSPEC 8/94 A. General: Comply with carpet manufacturer's installation recommendations to prepare substrates indicated to receive carpet installation. B. Level subfloor within 1/4 inch in 10 feet (6 nmi it 3 7n), noncumulative, in all directions. Sand or grind protrusions, bumps, and ridges. Patch and repair cracks and rough areas. Fill depressions. 1. Use leveling and patching compounds to fill cracks, holes, and depressions in subfloor as recommended by the following: a. Carpet manufacturer. C. Remove subfloor coatings, including curing compounds, and other substances that are incompatible with adhesives and that contain soap, wax, oil, or silicone. D. Broom or vacuum clean subfloors to be covered with carpet. Following cleaning, examine subfloors for moisture, alkaline salts, carbonation, or dust. E. Concrete-Subfloor Preparation: Apply concrete -slab primer, according to manufacturer's directions, where recommended by the following: 1. Carpet manufacturer. 3.3 INSTALLATION A. Direct Glue -Down Installation: Comply with CRI 104, Section 8: "Direct Glue -Down." B. Carpet with Attached -Cushion Installation: Comply with CRI 104, Section 10: "Attached Cushion." C. Comply with carpet manufacturer's recommendations for seam locations and direction of carpet; maintain uniformity of carpet direction and lay of pile. At doorways, center seams under door in closed position. Do not bridge building expansion joints with continuous carpet. D. Where demountable partitions or other items are indicated for installation on top of finished carpet floor, install carpet before installation of these items. E. Cut and fit carpet to butt tightly to vertical surfaces, permanent fixtures, and built-in furniture including cabinets, pipes, outlets, edgings, thresholds, and nosings. Bind or seal cut edges as recommended by carpet manufacturer. F. Extend carpet into toe spaces, door reveals, closets, open -bottomed obstructions, removable flanges, alcoves, and similar openings. G. Install pattern parallel to walls and borders. H. Install carpet cushion seams at 90 -degree angle with carpet seams. 3.4 CLEANING A. Perform the following operations immediately after completing installation. 1. Remove visible adhesive, seam sealer, and other surface blemishes using cleaner recommended by carpet manufacturer. 2. Remove protruding yarns from carpet surface. CARPET 09680-4 Copyright 1994 AIA MASTERSPEC 8/94 3. Vacuum carpet using commercial machine with face -beater element. 3.5 PROTECTION A. General: Comply with CRI 104, Section 15: "Protection of Indoor Installation." B. Provide final protection and maintain conditions, in a manner acceptable to manufacturer and Installer, �., that ensure carpet is without damage or deterioration at the time of Substantial Completion. r-+ '' CARPET 09680-5 Copyright 1995 AIA MASTERSPEC 8/95 SECTION 09900 - PAINTING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes surface preparation and field painting of the following: 1. Exposed exterior items and surfaces. ,. 2. Exposed interior items and surfaces. 3. Surface preparation, priming, and finish coats specified in this Section are in addition to shop priming and surface treatment specified in other Sections. B. Paint exposed surfaces, except where the paint schedules indicate that a surface or material is not to be painted or is to remain natural. If the paint schedules do not specifically mention an item or a surface, paint the item or surface the same as similar adjacent materials or surfaces whether or not schedules indicate colors. If the schedules do not indicate color or finish, the Architect will select from standard colors and finishes available. 1. Painting includes field painting of exposed bare and covered pipes and ducts (including color coding), hangers, exposed steel and iron work, and primed metal surfaces of mechanical and electrical equipment. C. Do not paint prefinished items, concealed surfaces, finished metal surfaces, operating parts, and labels. 1. Prefinished items include the following factory -finished components: a. Architectural woodwork and casework. 4 b. Wall panels. C. Metal toilet enclosures. 1:, d. Finished mechanical and electrical equipment. e. Light fixtures. f. Distribution cabinets. 2. Concealed surfaces include walls or ceilings in the following generally inaccessible spaces: a. Foundation spaces. b. Furred areas. C. Ceiling plenums. d. Pipe spaces. '"" e. Duct shafts. 3. Finished metal surfaces include the following: a. Anodized aluminum. PAINTING 09900-1 N Copyright 1995 AIA MASTERSPEC 8/95 b. Stainless steel. C. Chromium plate. d. Copper. e. Bronze and brass. 4. Operating parts include moving parts of operating equipment and the following: a. Valve and damper operators. b. Linkages. C. Sensing devices. d. Motor and fan shafts. 5. Labels: Do not paint over Underwriters Laboratories (UL), Factory Mutual (FM), or other code - required labels or equipment name, identification, performance rating, or nomenclature plates. 1.3 DEFINITIONS A. General: Standard coating terms defined in ASTM D 16 apply to this Section. 1. Flat refers to a lusterless or matte finish with a gloss range below 15 when measured at an 85 - degree meter. 2. Eggshell refers to low -sheen finish with a gloss range between 5 and 20 when measured at a 60 - degree meter. gloss range between 15 and 35 when measured ata 60- 3. Satin refers to low -sheen finish with a degree meter. 4. Semigloss refers to medium -sheen finish with a gloss range between 30 and 65 when measured at a 60 -degree meter. 5. Full gloss refers to high -sheen finish with a gloss range more than 65 when measured ata 60- degree meter. 1.4 SUBMITTALS A. Product Data: For each paint system specified. Include block fillers and primers. 1. Material List: Provide an inclusive list of required coating materials. Indicate each material and cross-reference specific coating, finish system, and application. Identify each material by manufacturer's catalog number and general classification. 2. Manufacturer's Information: Provide manufacturer's technical information, including label analysis and instructions for handling, storing, and applying each coating material proposed for use. �– 3. Certification by the manufacturer that products supplied comply with local regulations controlling use of volatile organic compounds (VOCs). B. Samples for Initial Selection: Manufacturer's color charts showing the full range of colors available for — each type of finish -coat material indicated. C. Samples for Verification: Of each color and material to be applied with texture to simulate actual conditions, on representative Samples of the actual substrate. PAINTING 09900-2 Copyright 1995 AIA MASTERSPEC 8/95 1. Provide stepped Samples, defining each separate coat, including block fillers and primers. Use representative colors when preparing Samples for review. Resubmit until required sheen, color, and texture are achieved. 2. Provide a list of materials and applications for each coat of each sample. Label each sample for location and application. 3. Submit Samples on the following substrates for the Architect's review of color and texture only: a. Painted Wood: Provide two 12 -inch- ( 300 -mm- square samples of each color and material on hardboard. b. Stained or Natural Wood: Provide two 4 -by -8 -inch (100-by-200-nini) samples of natural - or stained -wood finish on actual wood surfaces. C. Ferrous Metal: Provide two 4 -inch- (100-inni-) square samples of flat metal and two 8- inch- (200-mni-) long samples of solid metal for each color and finish. D. Qualification Data: For firms and persons specified in the "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. 1.5 QUALITY ASSURANCE A. Applicator Qualifications: Engage an experienced applicator who has completed painting system applications similar in material and extent to that indicated for this Project with a record of successful in-service performance. B. Source Limitations: Obtain block fillers, primers, and undercoat materials for each coating system from the same manufacturer as the finish coats. C. Benchmark Samples (Mockups): Provide a full -coat benchmark finish sample of each type of coating and substrate required on the Project. Comply with procedures specified in PDCA P5. Duplicate finish of approved prepared samples. 1. The Architect will select one room or surface to represent surfaces and conditions for each type of coating and substrate to be painted. a. Wall Surfaces: Provide samples on at least 100 sq. ft. (9 sa,, rn) of wall surface. b. Small Areas and Items: The Architect will designate an item or area as required. 2. After permanent lighting and other environmental services have been activated, apply coatings in this room or to each surface according to the Schedule or as specified. Provide required sheen, color, and texture on each surface. a. After finishes are accepted, the Architect will use the room or surface to evaluate coating systems of a similar nature. 3. Final approval of colors will be from job -applied samples. 1.6 DELIVERY, STORAGE, AND HANDLING s A. Deliver materials to the Project Site in manufacturer's original, unopened packages and containers bearing manufacturer's name and label, and the following information: e 1. Product name or title of material. t. r� PAINTING 09900-3 Copyright 1995 AIA MASTERSPEC 8/95 2. Product description (generic classification or binder type). 3. Manufacturer's stock number and date of manufacture. 4. Contents by volume, for pigment and vehicle constituents. 5. Thinning instructions. 6. Application instructions. 7. Color name and number. 8. VOC content. B. Store materials not in use in tightly covered containers in a well -ventilated area at a minimum ambient temperature of 45 deg F (7 deg Q. Maintain containers used in storage in a clean condition, free of foreign materials and residue. 1. Protect from freezing. Keep storage area neat and orderly. Remove oily rags and waste daily. Take necessary measures to ensure that workers and work areas are protected from fire and health hazards resulting from handling, mixing, and application. 1.7 PROJECT CONDITIONS A. Apply water-based paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 50 and 90 deg F (10 wid 32 deg C'). B. Apply solvent -thinned paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 45 and 95 deg F (7.2 and 35 det; C). C. Do not apply paint in snow, rain, fog, or mist; or when the relative humidity exceeds 85 percent; or at temperatures less than 5 deg F (3 deg: C) above the dew point; or to damp or wet surfaces. 1. Painting may continue during inclement weather if surfaces and areas to be painted are enclosed and heated within temperature limits specified by manufacturer during application and drying periods. 1.8 EXTRA MATERIALS A. Furnish extra paint materials from the same production run as the materials applied in the quantities described below. Package paint materials in unopened, factory -sealed containers for storage and identify with labels describing contents. Deliver extra materials to the Owner. 1. Quantity: Furnish the Owner with extra paint materials in the quantities indicated below: a. Interior, Semigloss Acrylic Enamel: 2 gal. (7.57 L) of each color applied. 2. Quantity: Furnish the Owner with an additional 5 percent, but not less than 1 gal. 'k' .7i 5 1) or 1 case, as appropriate, of each material and color applied. PART 2 -PRODUCTS 2.1 MANUFACTURERS A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, products listed in the paint schedules. PAINTING 09900-4 Copyright 1995 AIA MASTERSPEC 8195 B. Products: Subject to compliance with requirements, provide one of the products in the paint schedules. C. Manufacturers Names: The following manufacturers are referred to in the paint schedules by use of shortened versions of their names, which are shown in parentheses: 1. Devoe & Raynolds Co. (Devoe). 2. Fuller -O'Brien Paints (Fuller). 3. Glidden Co. (The) (Glidden). 4. Benjamin Moore & Co. (Moore). 5. PPG Industries, Inc. (PPG). 6. Pratt & Lambert, Inc. (P & L). 7. Sherwin-Williams Co. (S -W). 1 2.2 PAINT MATERIALS, GENERAL A. Material Compatibility: Provide block fillers, primers, undercoats, and finish -coat materials that are compatible with one another and the substrates indicated under conditions of service and application, as demonstrated by manufacturer based on testing and field experience. B. Material Quality: Provide manufacturer's best -quality paint material of the various coating types specified. Paint -material containers not displaying manufacturer's product identification will not be acceptable. Proprietary Names: Use of manufacturer's proprietary product names to designate colors or materials is not intended to imply that products named are required to be used to the exclusion of equivalent products of other manufacturers. Furnish manufacturer's material data and certificates of performance for proposed substitutions. C. Colors: Match colors indicated by reference to manufacturer's color designations. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with the Applicator present, under which painting will be performed for compliance with paint application requirements. E , 1. Do not begin to apply paint until unsatisfactory conditions have been corrected and surfaces receiving paint are thoroughly dry. 2. Start of painting will be construed as the Applicator's acceptance of surfaces and conditions within a particular area. B. Coordination of Work: Review other Sections in which primers are provided to ensure compatibility of the total system for various substrates. On request, furnish information on characteristics of finish materials to ensure use of compatible primers. 1. Notify the Architect about anticipated problems using the materials specified over substrates primed by others. PAINTING 09900-5 Copyright 1995 AIA MASTERSPEC 8/95 3.2 PREPARATION A. General: Remove hardware and hardware accessories, plates, machined surfaces, lighting fixtures, and similar items already installed that are not to be painted. If removal is impractical or impossible because of the size or weight of the item, provide surface -applied protection before surface preparation and painting. 1. After completing painting operations in each space or area, reinstall items removed using workers skilled in the trades involved. B. Cleaning: Before applying paint or other surface treatments, clean the substrates of substances that could impair the bond of the various coatings. Remove oil and grease before cleaning. 1. Schedule cleaning and painting so dust and other contaminants from the cleaning process will not fall on wet, newly painted surfaces. C. Surface Preparation: Clean and prepare surfaces to be painted according to manufacturer's written instructions for each particular substrate condition and as specified. 1. Provide barrier coats over incompatible primers or remove and reprime. 2. Wood: Clean surfaces of dirt, oil, and other foreign substances with scrapers, mineral spirits, and sandpaper, as required. Sand surfaces exposed to view smooth and dust off. a. Scrape and clean small, dry, seasoned ]mots, and apply a thin coat of white shellac or other recommended knot sealer before applying primer. After priming, fill holes and imperfections in finish surfaces with putty or plastic wood filler. Sand smooth when dried. b. Prime, stain, or seal wood to be painted immediately on delivery. Prime edges, ends, faces, undersides, and backsides of wood, including cabinets, counters, cases, and paneling. C. When transparent finish is required, backprime with spar varnish. d. Backprime paneling on interior partitions where masonry, plaster, or other wet wall construction occurs on backside. e. Seal tops, bottoms, and cutouts of unprimed wood doors with a heavy coat of varnish or sealer immediately on delivery. D. Materials Preparation: Mix and prepare paint materials according to manufacturer's written instructions. 1. Maintain containers used in mixing and applying paint in a clean condition, free of foreign materials and residue. 2. Stir material before application to produce a mixture of uniform density. Stir as required during application. Do not stir surface film into material. If necessary, remove surface film and strain material before using. 3. Use only thinners approved by paint manufacturer and only within recommended limits. E. Tinting: Tint each undercoat a lighter shade to simplify identification of each coat when multiple coats of the same material are applied. Tint undercoats to match the color of the finish coat, but provide sufficient differences in shade of undercoats to distinguish each separate coat. 3.3 APPLICATION PAINTING 09900-6 0 w I Copyright 1995 AIA MASTERSPEC 8/95 A. General: Apply paint according to manufacturer's written instructions. Use applicators and techniques best suited for substrate and type of material being applied. 1. Paint colors, surface treatments, and finishes are indicated in the schedules. 2. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film. 3. Provide finish coats that are compatible with primers used. 4. The term "exposed surfaces" includes areas visible when permanent or built-in fixtures, convector covers, covers for finned -tube radiation, grilles, and similar components are in place. Extend coatings in these areas, as required, to maintain the system integrity and provide desired protection. 5. Paint surfaces behind movable equipment and furniture the same as similar exposed surfaces. Before the final installation of equipment, paint surfaces behind permanently fixed equipment or furniture with prime coat only. 6. Paint interior surfaces of ducts with a flat, nonspecular black paint where visible through registers or grilles. 7. Paint back sides of access panels and removable or hinged covers to match exposed surfaces. 8. Finish exterior doors on tops, bottoms, and side edges the same as exterior faces. 9. Finish interior of wall and base cabinets and similar field -finished casework to match exterior. 10. Sand lightly between each succeeding enamel or varnish coat. B. Scheduling Painting: Apply first coat to surfaces that have been cleaned, pretreated, or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration. 1. The number of coats and the film thickness required are the same regardless of application method. Do not apply succeeding coats until the previous coat has cured as recommended by the manufacturer. If sanding is required to produce a smooth, even surface according to manufacturer's written instructions, sand between applications. 2. Omit primer on metal surfaces that have been shop primed and touchup painted. 3. If undercoats, stains, or other conditions show through final coat of paint, apply additional coats until paint film is of uniform finish, color, and appearance. Give special attention to ensure edges, corners, crevices, welds, and exposed fasteners receive a dry film thickness equivalent to that of flat surfaces. 4. Allow sufficient time between successive coats to permit proper drying. Do not recoat surfaces until paint has dried to where it feels firm, does not deform or feel sticky under moderate thumb pressure, and where application of another coat of paint does not cause the undercoat to lift or lose adhesion. C. Application Procedures: Apply paints and coatings by brush, roller, spray, or other applicators according to manufacturer's written instructions. 1. Brushes: Use brushes best suited for the type of material applied Use brush of appropriate size for the surface or item being painted. 2. Rollers: Use rollers of carpet, velvet back, or high -pile sheep's wool as recommended by the manufacturer for the material and texture required. 3. Spray Equipment: Use airless spray equipment with orifice size as recommended by the manufacturer for the material and texture required. D. Minimum Coating Thickness: Apply paint materials no thinner than manufacturer's recommended spreading rate. Provide the total dry film thickness of the entire system as recommended by the manufacturer. PAINTING 09900-7 Copyright 1995 AIA MASTERSPEC 8/95 E. Mechanical and Electrical Work: Painting of mechanical and electrical work is limited to items exposed in occupied spaces. F. Block Fillers: Apply block fillers to concrete masonry block at a rate to ensure complete coverage with pores filled. G. Prime Coats: Before applying finish coats, apply a prime coat of material, as recommended by the manufacturer, to material that is required to be painted or finished and that has not been prime coated by others. Recoat primed and sealed surfaces where evidence of suction spots or unsealed areas in first coat appears, to ensure a finish coat with no burn through or other defects due to insufficient sealing. H. Pigmented (Opaque) Finishes: Completely cover surfaces as necessary to provide a smooth, opaque surface of uniform finish, color, appearance, and coverage. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness, or other surface imperfections will not be acceptable. I. Transparent (Clear) Finishes: Use multiple coats to produce a glass -smooth surface film of even luster. Provide a finish free of laps, runs, cloudiness, color irregularity, brush marks, orange peel, nail holes, or other surface imperfections. 1. Provide satin finish for final coats. J. Stipple Enamel Finish: Roll and redistribute paint to an even and fine texture. Leave no evidence of rolling, such as laps, irregularity in texture, skid marks, or other surface imperfections. K. Completed Work: Match approved samples for color, texture, and coverage. Remove, refinish, or repaint work not complying with requirements. 3.4 FIELD QUALITY CONTROL A. The Owner reserves the right to invoke the following test procedure at any time and as often as the Owner deems necessary during the period when paint is being applied: 1. The Owner will engage the services of an independent testing agency to sample the paint material being used Samples of material delivered to the Project will be taken, identified, sealed, and certified in the presence of the Contractor. 2. The testing agency will perform appropriate tests for the following characteristics as required by the Owner: a. Quantitative material analysis. b. Abrasion resistance. C. Apparent reflectivity. d. Flexibility. e. Washability. f. Absorption. g. Accelerated weathering. h. Dry opacity. i. Accelerated yellowness. j. Recoating. k. Skinning. 1. Color retention. in. Alkali and mildew resistance. PAINTING 09900-8 i r Copyright 1995 AIA MASTERSPEC 8/95 3. The Owner may direct the Contractor to stop painting if test results show material being used does not comply with specified requirements. The Contractor shall remove noncomplying paint from the site, pay for testing, and repaint surfaces previously coated with the rejected paint. If necessary, the Contractor may be required to remove rejected paint from previously painted surfaces if, on repainting with specified paint, the 2 coatings are incompatible. 3.5 CLEANING A. Cleanup: At the end of each workday, remove empty cans, rags, rubbish, and other discarded paint materials from the site. 1. After completing painting, clean glass and paint -spattered surfaces. Remove spattered paint by washing and scraping. Be careful not to scratch or damage adjacent finished surfaces. 3.6 PROTECTION A. Protect work of other trades, whether being painted or not, against damage by painting. Correct damage by cleaning, repairing or replacing, and repainting, as approved by Architect. B. Provide "Wet Paint" signs to protect newly painted finishes. Remove temporary protective wrappings provided by others to protect their work after completing painting operations. 1. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. Comply with procedures specified in PDCA Pl. 3.7 INTERIOR PAINT SCHEDULE _ A. Gypsum Board: Provide the following finish systems over interior gypsum board surfaces: L Semigloss, Acrylic -Enamel Finish: 2 finish coats over a primer. a. Primer: Latex; based, interior primer applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0.031 1 n1m). 1) Devoe: 50801 Wonder -Tones Interior Vinyl Latex Primer - Sealer. 2) Fuller: 220-20 Pro -Tech Latex Wall Primer Sealer, White. 3) Glidden: 5111 Spred Ultra Latex Primer -Sealer. 4) Moore: Regal First Coat Interior Latex Primer & Underbody #216. 5) PPG: 17-10 Quick -Drying Interior Latex Primer -Sealer. 6) P&L: Z/F 1001 Suprime "1" 100 Percent Acrylic Multi - Purpose Primer. b. First and Second Coats: Semigloss, acrylic -latex, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.6 mils (0.066 mni). 1) Devoe: 39XX Wonder -Tones Semi -Gloss Interior Latex PAINTING Enamel. 09900-9 Copyright 1995 AIA MASTERSPEC 8/95 2) Fuller: 214 -XX AA Enamel Interior Acrylic Latex Semi - Gloss Enamel. 3) Glidden: 8200 Series Spred Ultra Latex Semi -Gloss Enamel. 4) Moore: Moore's Regal AquaGlo Vinyl -Acrylic Latex Enamel #333. 5) PPG: 88-110 Satinhide Interior Enamel Wall & Trim Lo - Lustre Semi -Gloss Latex. 6) P & L: Z/F 4100 Series Accolade Interior Semi -Gloss. B. Woodwork and Hardboard: Provide the following paint finish systems over new, interior wood surfaces: 1. Semigloss, Acrylic -Enamel Finish: 2 finish coats over a wood undercoater. a. Undercoat: Alkyd- or acrylic -latex -based, interior wood undercoater, as recommended by the manufacturer for this substrate, applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0.031 nlln). 1) Devoe. 51701 Wonder -Prime All -Purpose Latex Primer Sealer & Vapor Barrier. 2) Fuller: 220-07 Interior Alkyd Enamel Undercoat. 3) Glidden: UH 400 Ultra -Hide Alkyd Interior Enamel Undercoater. 4) Moore: Moore's Alkyd Enamel Underbody #217. 5) PPG: 6-755 Speedhide Interior Water -Based Undercoater. 6) P&L: Z/F 1001 Suprime "1" 100 Percent Acrylic Multi - Purpose Primer. b. First and Second Coats: Semigloss, acrylic -latex, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 2.6 mils (0,066 a nn). 1) Devoe: 39XX Wonder -Tones Semi -Gloss Interior Latex Enamel. 2) Fuller: 214 -XX AA Enamel Interior Acrylic Latex Semi - Gloss Enamel. 3) Glidden: 8200 Series Spred Ultra Latex Semi -Gloss Enamel. 4) Moore: Moore's Regal AquaGlo Vinyl -Acrylic Latex Enamel #333. 5) PPG: 88-110 Satinhide Interior Enamel Wall & Trim Lo - Lustre Semi -Gloss Latex. 6) P&L: Z/F 4100 Series Accolade Interior Semi -Gloss. C. Natural -Finish Woodwork: Provide the following natural finishes over new, interior woodwork: 1. Alkyd -Based, Satin -Varnish Finish: 2 finish coats of an alkyd -based, clear -satin varnish over a sanding sealer. Provide wood filler on open -grain wood before applying first varnish coat. a. Filler Coat: Paste -wood filler applied at spreading rate recommended by the manufacturer. 1) Devoe: None required. PAINTING 09900-10 0 Copyright 1995 AIA MASTERSPEC 8/95 2) Fuller: 680-00 Pen -Chrome Paste Wood Filler. 3) Glidden: Glidden Paste Wood Filler. 4) Moore: Benwood Paste Wood Filler 4238. 5) PPG: None required. 6) P&L: None required. 7) S -W: Sher -Wood Fast -Dry Filler. b. Sealer Coat: Clear sanding sealer applied at spreading rate recommended by the manufacturer. 1) Devoe: 4900 WoodWorks Quick -Dry Clear Sealer. 2) Fuller: None recommended. 3) Glidden: 5035 Ultra -Hide Quick -Dry Sanding Sealer, Clear. 4) Moore: Moore's Interior Wood Finishes Quick -Dry Sanding Sealer #413. 5) PPG: 77-30 Rez Interior Quick -Drying Sealer and Finish. 6) P&L: H40 Sanding Sealer. 7) S -W: ProMar Varnish Sanding Sealer B26V3. C. First and Second Finish Coats: Alkyd -based or polyurethane varnish, as recommended by the manufacturer, applied at spreading rate recommended by the manufacturer. 1) Devoe: 4600 WoodWorks Alkyd Satin Varnish. 2) Fuller: 653-01 EPA Compliant Clear Polyurethane Satin Finish. 3) Glidden: 82 Satin Sheen Woodmaster Polyurethane Clear Finishes Varnish. 4) Moore: Benwood Satin Finish Varnish #404. 5) PPG: 77-7 Rez Varnish, Interior Satin Oil Clear. 6) P&L: H24 38 Clear Finish Gloss. 7) S -W: Oil Base Varnish, Gloss A66V91. D. Ferrous Metal: Provide the following finish systems over ferrous metal: 1. Semigloss, Alkyd -Enamel Finish: One finish coat over an enamel undercoater and a primer. a. Primer: Quick -drying, rust -inhibitive, alkyd -based or epoxy -metal primer, as recommended by the manufacturer for this substrate, applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.5 mils (0.038 inni). 1) Devoe: e 2) Fuller: 3) Glidden: 4) Moore: 5) PPG: 6) P&L: 13101 Mirrolac Rust Penetrating Metal Primer. 621-04 Blox-Rust Alkyd Metal Primer. 5207 Glid-Guard Tank & Structural Primer, White. IronClad Retardo Rust -Inhibitive Paint #163. 6-208 Speedhide Interior/Exterior Rust Inhibitive Steel Primer. S 4551 Tech -Gard High Performance Rust Inhibitor Primer. 7) S -W: Kem Kromik Metal Primer B50N2B5OWl. b. Undercoat: Alkyd, interior enamel undercoat or semigloss, interior, alkyd -enamel finish coat, as recommended by the manufacturer for this substrate, applied at spreading rate PAINTING 09900-11 P"' Copyright 1995 AIA MASTERSPEC 8/95 recommended by the manufacturer to achieve a total dry film thickness of not less than 1.2 mils (0.0) 31 inni). - 1) Devoe: 26XX Velour Interior Alkyd Semi -Gloss Enamel. 2) Fuller: 220-07 Interior Alkyd Enamel Undercoat. 3) Glidden: UH 8400 Ultra Traditional Alkyd Semi -Gloss Enamel. -- 4) Moore: Moore's Alkyd Enamel Underbody #217. 5) PPG: 6-6 Speedhide Interior Quick -Drying Enamel Undercoater. 6) P&L: S/D 1011 Suprime "11" Interior Alkyd Wood Primer. 7) S -W: ProMar 200 Interior Alkyd Semi -Gloss Enamel B34W200. C. Finish Coat: Odorless, semigloss, alkyd, interior enamel applied at spreading rate recommended by the manufacturer to achieve a total dry film thickness of not less than 1.4 mils (0.036 tetra). 1) Devoe: 26XX Velour Interior Alkyd Semi -Gloss Enamel. 2) Fuller: 110 -XX Fullerglo Alkyd Semi -Gloss Enamel. 3) Glidden: UH 8400 Ultra Traditional Alkyd Semi -Gloss Enamel. 4) Moore: Satin Impervo #235. 5) PPG: 27 Line Wallhide Low Odor Interior Enamel Wall and Trim Semi -Gloss Oil. 6) P&L: S/D 5700 Cellu-Tone Alkyd Satin Enamel. 7) S -W: Classic 99 Interior/Exterior Semi -Gloss Alkyd Enamel A-40 Series. - END OF SECTION 09900 PAINTING 09900-12 Copyright AIA 1991 MASTERSPEC SECTION 10155 - TOILET COMPARTMENTS PART 1 - GENERAL 5/91(M1/94) 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes stock, manufactured toilet compartments. B. Types of toilet compartments include: 1. Solid plastic polymer resin C. Styles of toilet compartments include: L Floor -anchored, overhead -braced. D. See manufacturer for attaching compartments to overhead structural system as needed. 1.3 SUBMITTALS A. General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. B. Product data for materials, fabrication, and installation including catalog cuts of anchors, hardware, fastenings, and accessories. C. Shop drawings for fabrication and erection of toilet compartment assemblies not fully described by product drawings, templates, and instructions for installation of anchorage devices built into other work. D. Samples of full range of colors for each type of unit required. Submit 6 inch .150.nim), square samples of each color and finish on same substrate to be used in work, for color verification after selections have been made. 1.4 QUALITY ASSURANCE A. Field Measurements: Take field measurements prior to preparation of shop drawings and fabrication, where possible, to ensure proper fitting of work. However, allow for adjustments where taking of field measurements before fabrication might delay work. B. Coordination: Furnish inserts and anchorages which must be built into other work for installation of toilet compartments and related items. Coordinate delivery with other work to avoid delay. TOILET COMPARTMENTS 10155-1 Copyright AIA 1991 MASTERSPEC 5/91(MI/94) PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products which may be incorporated in the Work include, but are not limited to, the following: B. Manufacturer: Subject to compliance with requirements, provide products by one of the following: 1. Steel - Baked Enamel Finish: a. Accurate Partition Corp. b. All American Metal Corp. C. American Sanitary Partition Corp. d. Ampco Products, Inc. C. Flush -Metal Partition Corp. f. General Partitions Manufacturing Corp. g. Global Steel Products Corp. h. Knickerbocker Partition Corp. i. Lambaton-Universal Metal Products. j. Metpar Steel Products Corp. k. The Mills Company. 1. Monarch Toilet Partitions, Inc. in. San_ymetal Products Co. R. Weis/Robart Partitions, Inc. 2.2 MATERIALS A. General: Provide materials which have been selected for surface flatness and smoothness. Exposed surfaces which exhibit pitting, seam marks, roller marks, stains, discolorations, telegraphing of core material, or other imperfections on finished units are not acceptable. B. Steel Sheets for Baked Enamel Finish:, ASTM A 591 (ASTNA A 5,91M), Class C, galvanized- bonderized, of following minimum thicknesses: 1. Pilasters (overhead -braced): 0.0396 inch (1.0 mm). 2. Pilasters (unbraced): 0.0516 inch (.1.3 3. Panels and Screens: 0.0396 inch (1.0 mm). 4. Doors: 0.0336 inch (0.85 mni). C. Concealed Anchorage Reinforcement: Minimum 0.108 inch (2.75 inn=), galvanized steel sheet. D. Concealed Tapping Reinforcement: Minimum 0.0785 inch (2.0 n,,m), galvanized steel sheet. E. Core Material for Metal Partitions: Manufacturer's standard sound -deadening honeycomb of impregnated Kraft paper in thickness to provide finished dimension of 1 inch i,?5.En) minimum for doors, panels, and screens and 1-1/4 inches (32 nnni) minimum for pilasters. 1. For wall -supported "V" shaped units, use manufacturer's standard sound -deadening core material bonded to inner face of panel sheets. F. Pilaster Shoes and Caps: ASTM A 167, Type 302/304 stainless steel, not less than 3 inches (75 ram, high, 0.0396 inch (1.0 mm) thick, finished to match hardware. TOILET COMPARTMENTS 10155-2 i Copyright AIA 1991 MASTERSPEC 5/91(Ml/94) G. Stirrup Brackets: Manufacturer's standard design for attaching panels to walls and pilasters, either chromium -plated nonferrous cast alloy ("Zamac") or anodized aluminum. H. Hardware and Accessories: Manufacturer's standard design, heavy duty operating hardware and accessories of chromium -plated, nonferrous cast alloy ("Zamac"). I. Overhead Bracing: Continuous extruded aluminum, antigrip profile, with clear anodized finish. J. Anchorages and Fasteners: Manufacturer's standard exposed fasteners of stainless steel, chromium - plated steel, or brass, finished to match hardware, with theft -resistant -type heads and nuts. For concealed anchors, use hot -dip galvanized, cadmium -plated, or other rust -resistant protective -coated steel 2.3 FABRICATION A. General: Furnish standard doors, panels, screens, and pilasters fabricated for compartment system. Furnish units with cutouts, drilled holes, and internal reinforcement to receive partition -mounted hardware, accessories, and grab bars, as indicated. rte+ B. Door Dimensions: Unless otherwise indicated, furnish 24 inch (600 min) wide in -swinging doors for ordinary toilet stalls and 32 inch (800 1nni) wide (clear opening) out -swinging doors for stalls equipped for use by handicapped. C. Overhead -Braced Compartments: Furnish galvanized steel supports and leveling bolts at pilasters as recommended by manufacturer to suit floor conditions. Make provisions for setting and securing continuous, extruded, aluminum, antignip, overhead bracing at top of each pilaster. Provide shoe at each pilaster to conceal supports and leveling mechanism. D. Hardware: Furnish hardware for each compartment to comply with ANSI Al 17.1 for handicapped accessibility and as follows: 1. Hinges: Cutout inset type, adjustable to hold door open at any angle up to 90 degrees. Provide gravity type, spring -action cam type, or concealed torsion rod type to suit manufacturer's standards. 2. Latch and Keeper: Recessed latch unit, designed for emergency access, with combination rubber - faced door strike and keeper. 3. Latch and Keeper: Manufacturer's standard surface -mounted latch unit, designed for handicapped accessibility, with combination rubber -faced door strike and keeper. 4. Coat Hook: Manufacturer's standard unit, combination hook and rubber -tipped bumper, sized to prevent door hitting mounted accessories. 5. Door Pull: Manufacturer's standard unit for out -swinging doors. Provide pulls on both faces of handicapped compartment doors. 2.4 FINISH A. Color: One of manufacturer's standard colors in each room, as indicated or, if not indicated, as selected by Architect. m * PART 3 - EXECUTION TOILET COMPARTMENTS 10155-3 Copyright AIA 1991 MASTERSPEC 5/91(Ml/94) 3.1 INSTALLATION A. General: Comply with manufacturer's recommended procedures and installation sequence. Install compartment units rigid, straight, plumb, and level. Provide clearances of not more than 1/2 inch (t auni) between pilasters and panels, and not more than I inch (25 miy) between panels and walls. Secure panels to walls with not less than two stirrup brackets attached near top and bottom of panel. Locate wall brackets so that holes for wall anchorages occur in masonry or file joints. Secure panels to pilasters with not less than two stirrup brackets located to align with stirrup brackets at wall. Secure panels in position with manufacturer's recommended anchoring devices. B. Overhead -Braced Compartments: Secure pilasters to floor and level, plumb, and tighten installation with devices furnished. Secure overhead brace to each pilaster with not less than two fasteners. Hang — doors and adjust so that tops of doors are parallel with overhead brace when doors are in closed position. 3.2 ADJUST AND CLEAN A. Hardware Adjustment: Adjust and lubricate hardware for proper operation. Set hinges on in -swinging doors to hold open approximately 30 degrees from closed position when unlatched. Set hinges on out - swinging doors (and entrance swing doors) to return to fully closed position. B. Clean exposed surfaces of partition systems using materials and methods recommended by manufacturer, and provide protection as necessary to prevent damage during remainder of construction period. END OF SECTION 10155 TOILET COMPARTMENTS 10155-4 r Copyright 1991 AIA MASTERSPEC SECTION 10800 - TOILET AND BATH ACCESSORIES PART 1 - GENERAL 8/91(Ml/94) 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. SUBMITTALS General: Submit the following according to Conditions of Contract and Division 1 Specifications Sections. Product data for each toilet accessory item specified, including construction details relative to materials. dimensions, gages, profiles, mounting method, specified options, and finishes. Schedule indicating types, quantities, sizes, and installation locations (by room) for each toilet accessory item to be provided for project. Setting drawings where cutouts are required in other work, including templates, substrate preparation instructions, and directions for preparing cutouts and installing anchorage devices. QUALITY ASSURANCE Inserts and Anchorages: Furnish accessory manufacturers' standard inserts and anchoring devices that must be set in concrete or built into masonry. Coordinate delivery with other work to avoid delay. Single -Source Responsibility: Provide products of same manufacturer for each type of accessory unit and for units exposed to view in same areas, unless otherwise acceptable to Architect. 1.5 PROJECT CONDITIONS A. Coordination: Coordinate accessory locations, installation, and sequencing with other work to avoid interference with and ensure proper installation, operation, adjustment, cleaning, and servicing of toilet accessory items. 1.6 WARRANTY A. Warranty: Submit a written warranty executed by mirror manufacturer, agreeing to replace any mirrors that develop visible silver spoilage defects within warranty period. B. Warranty Period: 15 years from date of Substantial Completion. C. The warranty shall not deprive the Owner of other rights the Owner may have\under other provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the Contractor under requirements of the Contract Documents. TOILET AND BATH ACCESSORIES 10800-1 Copyright 1991 AIA MASTERSPEC 8/91(Ml/94) PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering toilet accessories that may be incorporated in the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide toilet accessories by one of the following: 1. A & J Washroom Accessories. 2. American Specialties, Inc. 3. Bobrick Washroom Equipment, Inc. 4. Bradley Corporation. 5. General Accessory Manufacturing Co. 6. McKinney/Parker. 7. Bobrick, Inc. 2.2 MATERIALS, GENERAL A. Chromium Plating: Nickel and chromium electro -deposited on base metal, ASTM B 456, Type SC 2. B. Galvanized Steel Mounting Devices: ASTM A 153, hot -dip galvanized after fabrication. C. Fasteners: Screws, bolts, and other devices of same material as accessory unit, or of galvanized steel where concealed. D. Mirror Glass: Nominal 6.0 mm thick, conforming to ASTM C 1036, Type I, Class 1, Quality q2, and with silvering, electro- plated copper coating, and protective organic coating. 2.4 TOILET TISSUE DISPENSERS A. Roll -In -Reserve Dispenser: Fabricate of stainless steel for mounting indicated below, size to store and dispense either 4-1/2 inch (113 min) diameter or 5 inch (125 nim) diameter core tissue rolls, with reserve roll placed in service by automatic release or by action of manual release bar. Hinge front of unit with pivot hinge and secure with tumbler lockset. 1. Mounting: Surface mounted, concealed anchorage. 2.6 GRAB BARS A. Stainless Steel Type: Provide grab bars with wall thickness not less than 0.05 inch (1.3 nun) and as follows: 1. Mounting: Concealed, manufacturer's standard flanges and anchorages. 2. Clearance: 1-1/2 inch (38 nirn) clearance between wall surface and inside face of bar. 3. Gripping Surfaces: Manufacturer's standard nonslip texture. 4. Medium -Duty Size: Outside diameter of 1-1/4 inches (32 nnir ). TOILET AND BATH ACCESSORIES 10800-2 sew Copyright 1991 AIA MASTERSPEC 8/91(Ml/94) 2.8 SANITARY NAPKIN DISPOSAL UNITS A. Surface -Mounted Type: Fabricate of stainless steel with seamless exposed walls, rightly self-closing top cover and locking bottom panel with continuous, stainless steel piano hinge. 2.9 SOAP DISPENSERS A. Liquid Soap Dispenser, Deck -Mounted: Deck -mounted piston and spout -type unit with a minimum 16 fluid ounce (475 ml_) capacity, polyethylene reservoir concealed below deck .Piston and 4 inch (100, innf) long spout of stainless steel with brightly polished finish with chrome -plated deck escutcheon. 1. Provide unit designed for mounting on vanity deck. 2. Equip unit with valve for dispensing soap in liquid form. B. Stainless Steel Framed Mirror Units: Fabricate frame with angle shapes not less than 0.05 inch 1. 71 ,nni), with square corners mitered, welded, and ground smooth. Provide in No. 4 satin polished finish. 2.13 FABRICATION A. General: Only a maximum 1-1/2 inch (38 nim) diameter, unobtrusive stamped manufacturer logo, as approved by Architect, is permitted on exposed face of toilet or bath accessory units. On either interior 4 surface not exposed to view or back surface, provide additional identification by either a printed waterproof label or a stamped nameplate, indicating manufacturer's name and product model number. B. General: No names or labels are permitted on exposed faces of toilet and bath accessory units. On either interior surface not exposed to view or on back surface, provide identification of each accessory item either by a printed, waterproof label or a stamped nameplate indicating manufacturer's name and product model number. C. Surface -Mounted Toilet Accessories, General: Except where otherwise indicated, fabricate units with tight seams and joints, exposed edges rolled. Hang doors or access panels with continuous stainless steel piano hinge. Provide concealed anchorage wherever possible. D. Keys: Provide universal keys for access to toilet accessory units requiring internal access for servicing, resupply, etc. Provide minimum of six keys to Owner's representative. PART 3 - EXECUTION 3.1 INSTALLATION A. Install toilet accessory units according to manufacturers' instructions, using fasteners appropriate to substrate as recommended by unit manufacturer. Install units plumb and level, firmly anchored in .*- locations and at heights indicated. B. Install grab bars to withstand a downward load of at least 250 lbf { 11.00 'v ), complying with ASTM F 446. TOILET AND BATH ACCESSORIES 10800-3 Copyright 1991 AIA MASTERSPEC 8/91(Ml/94) 3.2 ADJUSTING AND CLEANING A. Adjust toilet accessories for proper operation and verify that mechanisms function smoothly. Replace damaged or defective items. B. Clean and polish all exposed surfaces strictly according to manufacturer's recommendations after removing temporary labels and protective coatings. END OF SECTION 10800 1 TOILET AND BATH ACCESSORIES 10800-4