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Home My WebLink AboutResolution - 2002-R0104 - Contract For Roof Replacement - Hamilton Roofing Company - 03/14/2002Resolution No. 2002-80104 March 14, 2002 Item No. 36 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 roof replacement at Pump Stations #3, #6, & #8 and Montelongo Swimming Pool, by and between the City of Lubbock and Hamilton Roofing Company 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 14th day of March , 2002. WINDY SIT , MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing Manager APPROVED AS TO FORM: A4 - William de Haas Contract Manager/Attorney gs/ccdocs/Contract-Hamilton Roofing Co.res March 4, 2002 0 Im FRA F 77� TPN F I N EXAS 2.(d Av Yf j- 'CITY 'OF-LU6Wdk' F [a I WA I M m a 11 as] awisim kFMI�w 77� TPN F I N EXAS 2.(d Av Yf j- [a I WA I M m a 11 as] awisim kFMI�w 77� TPN F I N EXAS 2.(d Av [a I WA I M m a 11 as] awisim kFMI�w City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX:(806)775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ITB #039-021RS, Addendum #1 ADDENDUM #1 ITB #039-021RS City of Lubbock Roof Replacement at Pump Stations 3, 6, & 8 and Montelongo Swimming Pool February 21, 2002 February 28, 2002 @ 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. Please find enclosed the three (3) page Addendum #1 issued by Stiles, Wallace and Associates. 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 039-021RSadd1 THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. x �Oa>wm 3D�r->m mX mx 4t y mmozco Z Z�mr-m•V �c0C� 30mn 3�5 D� �w n� -0D� ZrnZ� rn rn-ocnn� C— O 3yM- z 0 0' m - D m0mZmz Oxr-1c�, D� Cjc ZZ,x CA zlm•C Zm U) °' M CA —0 z-m-iDOx�m D�(1)M 'D z�C mCO) D? 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No Text w x- NOTICE TO BIDDERS ITB #039-021DC Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the fce of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 clock p.m. on the 28th day of February 2002, or as changed by the issuance of formal addenda to all planholders, to mesh all labor and materials and perform all work for the construction of the following described project with a budget nount of 120000.00: "CITY OF LUBBOCK ROOF REPLACEMENT AT PUMP STATIONS 3, 6, & 8 AND MONTELONGO SWIMMING POOL" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the .irchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in e office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on the 28th day ua of Febrry 2002, and the City of Lubbock City Council will insider the bids on the 14th da of March 2002 at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as )on thereafter as may be reasonab y convenient, subject to the right to reject any or all bids and waive any formalities. ie successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government ode, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the iccessful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the nount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds iould 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 Teck issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without course 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 iarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after ►tice 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 mditions under which the work is to be done. It shall be understood and agreed that all such factors have been roughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre-bid ,nference on 19th day of February, 2002 at 9.00 o'clock a.m., in the Planning Conference Room 107, Lubbock, Was. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13th Street, Lubbock, was, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 fundable deposit per set. Plans and specifications may be obtained from Stiles Wallace & Associates, 3307 Ave Lubbock, TX 79411, Phone: (806) 795-6431. Plans and specifications will be.shipped at the bidder's expense. If dder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and ust 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 the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is iecifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, ;rnon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the intractor 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 Ivertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to is invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in ►nsideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and d openings are available to all persons regardless of disability. If you would like bid information made available in a more ;cessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- '81 at least 48 hours in advance of the meeting. YCTOR CIITY OF LUBBOCK KI MAN PURCHASING MANAGER No W GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish CITY OF LUBBOCK ROOF REPLACEMENT AT PUMP STATIONS 3, 6, & 8 AND MONTELONGO SWIMMING POOL per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 28th day of February, 2002 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 comer: "ITB #039-02/DC, CITY OF LUBBOCK ROOF REPLACEMENT AT PUMP STATIONS 3, 6, & 8 AND MONTELONGO SWIMMING POOL" 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 Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 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. PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering nd as needed for the clarification of the Invitation to Bid (ITB) documents, a on mandatory pre-bid meetions, and issuintinaa will be held at 9`.00 a.m. February19th 2002 in Plannin Conference Room 107 Lubbock Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITS 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 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 a 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 ITS 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 comYnUnication facility regarding this bid should be disregarded in preparing responses. r 1 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. EXAMINATION OF DOCUMENTS AND REQUIREMENTS ' If 'th II 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itse wi a 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. _ 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. 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 CON FIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 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. 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. .w, CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the 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. 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. I 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 sha bidder's responsibility to advise the Purchasing Manager if any language requll be the irements etc or anv combinations thereof inadvertent)y restricts or limits the requirements stated in this ITB to a sin le 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 F 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;ADDRESSEb TO: DIANA CAUDILLO, BUYER City of Lubbock 1625 13th Street Lubbock, Texas 79401 .Y Fax: (806) 775-2164 Email: dcaudillo@mail.ci.lubbock.tx.us TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within ONE HUNDRED FIFTY (150) 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, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. g I 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. r F, 3 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 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, timsoftware ddemonstrate or rthe failure. The City of Lubbock, at its sole option, may require the Contractor, any , 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 he creation or evelopment of the products and servi es o be , its sub contractor or any third party involved m 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. 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. 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 With amounts similar nd nature t the one etedvered by the intended contract and all work in progress (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 4 M I 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. PROTECTION OFSUBSURFACELINES 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. BARRICADES ANDSAFETYMEASURES 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. 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 res I ponsibility for all'damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 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 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. 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. 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 5 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 to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 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. 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. `- 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. 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. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If P1% 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, i 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. 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. All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The 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. 7 (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 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. Unless otherwise specified herein, the City shall award the bid based on the total bid for items 1 and 2. 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 a J BID SUBMITTAL LUMP SUM BID CONTRACT ATE: February 28 , 2002 tOJECT NUMBER: #039-021DC - CITY OF LUBBOCK ROOF REPLACEMENT AT PUMP STATIONS 3, 6, & 8 AND )NTELONGO SWIMMING POOL i of H Construction Systems, Tnc _ TURA Tiami 1 tan Rnnfin"(, ereinaftercalled Bidder) the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) .ntlemen: e Bidder, in compliance with your Invitation to Bid for the construction of a CITY OF LUBBOCK ROOF REPLACEMENT 'PUMP STATIONS 3.6. & 8 AND MONTELONGO SWIMMING POOL having carefully examined the plans, scifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the ended work, and being familiar with all of the conditions surrounding the construction of the intended project including availability of, materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the )ject in accordance with the plans, specifications and contract documents, within the time set forth therein and at the ce stated below. The price to cover all expenses incurred in performing the work required under the contract cuments. D ITEM #1: Roof Replacement for Pump Stations 3, 6, & 8 kTERIALS: ($ 49-,-80-3.00 ) :RVICES: ($34,419.00 ) )TAL BID ITEM #1: -($-&4, 222 .00 ) D ITEM #2: Roof Replacement for Montelongo Swimming Pool kTERIALS: {$_ 2,C)7 -0() ) :RVICES: ($—y 4 7 7 nn ) )TAL BID ITEM #2: ($ '1446-00 ) )TAL BID ITEMS #1 AND #2: NTERIALS: ($ 52,777.00 ) 'r :RVICES: ($ 36,891.00 ) )TAL BID ITEMS #1 & #2: ($ 892668.00 ) mount 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 otice to Proceed" of the Owner and to fully complete the project within 150 (ONE HUNDRED FIFTY) consecutive lendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to .y to Owner as liquidated damages the sum of $300.00 (THREE HUNDRED) for each consecutive calendar day in cess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with struction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the dding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days ter the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the ins, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to ►mmence work on or before the date specked in the written notice to proceed, and to substantially complete the work on ^' iich he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or :rtified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable thout recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the J submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all 61 :cessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for NIA Afars ($ - 0 - ) 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 ,ent the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, surance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of ceipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the idersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include ail contract ►cuments made available to him for his inspection in accordance with the Notice to Bidders. Dursuant to Texas Local Government Code 252.043(a), a :ompetitive sealed bid that has been opened may not be ;hanged for the purpose of correcting an error in the bid arice. THEREFORE, ANY CORRECTIONS TO THE BID 2RICE MUST BE MADE ON THE 13ID SUBMITTAL FORM 2RIOR TO BID OPENING. eal if Bidder is a Corporation) (TEST: 7 :cretary dder acknowledges receipt of the following addenda: idenda No. One Date 2 - 21- 0 2 idenda No. Date idenda No. Date idenda No. Date WBE Firm: I I Woman B Hispanic American -LA - 2 Date: F Authorized Signature Louis W Howell II (Printed or Typed Name) H Construction Systems Inc Company PO Box 2703 Address Lubbock Tiihhn�k City, County Texas _ :Z94n 3 State Zip Code Telephone: 806 _ 763-9375 Fax: 806 -0640 LIST OF SUBCONTRACTORS Minority Owned Yes No Dent Electric ❑ E 0 0 0 ❑ 0 ❑ ❑ 0 ❑ 0 ❑❑ o❑ 0 0 ❑ 0 4 the undersigned Bidder, certify that the insurance requirements contained in this bid document have been ;viewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of ubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, ' imish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. `� jj ]r jj'' �O�1�5 W' f7'DtAlrit.� .!L lontrpctor (Signature) Contractor (Print) ONTRACTOR'S FIRM NAME: H Construction Systems, Inc. DBA Hamilton Roofing CO (Print or Type ) ONTRACTOR'S FIRM ADDRESS: PO Box 2703 Lubbock, Texas 79408 ame of Agent/Broker: Ince Insurance Agency Inc ddress of Agent/Broker: PO Box 64850 • .1tsa:i gent/Broker Telephone Number: (_ 806 ) 797-4131 ate: F P h r„ a r�T 2 ZU 2 NOTE TO CONTRACTOR the time requirement specified above is not met, the City has the right to reject this otaiproposal anu ward the contract to another contractor. If you have any questions concerning these requirements, lease contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. ID #039-02/101C - CITY OF LUBBOCK ROOF REPLACEMENT AT PUMP STATIONS 3, 6, & 8 AND MONTELONGO WIMMING POOL 5 a CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT n To Be Completed by Bidder And Attached to Bid Submittal the undersigned Bidder, certify that the insurance requirements contained in this bid document have been ;viewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of ubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, ' imish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. `� jj ]r jj'' �O�1�5 W' f7'DtAlrit.� .!L lontrpctor (Signature) Contractor (Print) ONTRACTOR'S FIRM NAME: H Construction Systems, Inc. DBA Hamilton Roofing CO (Print or Type ) ONTRACTOR'S FIRM ADDRESS: PO Box 2703 Lubbock, Texas 79408 ame of Agent/Broker: Ince Insurance Agency Inc ddress of Agent/Broker: PO Box 64850 • .1tsa:i gent/Broker Telephone Number: (_ 806 ) 797-4131 ate: F P h r„ a r�T 2 ZU 2 NOTE TO CONTRACTOR the time requirement specified above is not met, the City has the right to reject this otaiproposal anu ward the contract to another contractor. If you have any questions concerning these requirements, lease contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. ID #039-02/101C - CITY OF LUBBOCK ROOF REPLACEMENT AT PUMP STATIONS 3, 6, & 8 AND MONTELONGO WIMMING POOL 5 a Feb 26 02 04:23p SWR ARCHITECTS 806-797-1013 P.1 ITB #039.02MS, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PFI: (808)775.2187 FAX:(808)T75.2184 tftW:llpurchastng.d.lubbock.tx-us ADDENDUM V ITS #039-021RS. Clty of Lubbock Roof Replacement at Pump Stations 3, 6, & 8 and. Montelongo Swimming Pool MAILED TO VENDOR: February 21, 2002 CLOSE DATE: February 28, 2002 @ 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. Please find enclosed the three (3) page Addendum #1 issued by Stiles, Wallace and Associates. Ail 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: RShuffietd®maa.ci.lubbock.tx.us 03"21PSaddi THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. Feb 26 02 04:23p SWR ARCHITECTS 806-797-1013 ROOF REPLACEMENT FOR THE CITY OF LUBBOCK WATER DEPARTMENT PUMP STATIONS #3, #6, #8 & MONTELONGO SWIMMING POOL February 21, 2002 ADDENDUM NUMBER ONE NOTICE TO ALL BIDDERS: The following shall be incorporated in and become a part of the original drawings and specifications of the above identified project. Please acknowledge the receipt of this Addendum by noting it on your proposal. ITEM NO.1: On the Drawings, Sheets Al, A2, A4 & A5: Change all instances of "EXISTING PLASTER SOFFIT TO REMAIN to EXISTING PLASTER SOFFIT TO BE REMOVED: For clarification, al; existing soffit penetrations, light fixtures and vents shall be reinstalled in the new prefinished metal soffit. ITEM NO.2: On the Drawings, Details 02-A2 & 02-A5: See revised attached details. ITEM NO.3 On the Drawings, Contractor shall provide and install an additional 250' linear foot of treated 2x4 wood blocking for replacement of rotted wood nailers in existing soffit and fascia panels. ITEM NOA In the Specifications, Bid Submittal & 01010 Special Conditions add the following, Montelongo Swimming Pool shall be completed on or before April 36' 2002 End of Addendum Number One Stites, Wallace & Associates 3307 Avenue X Lubbock, Texas 79491 (806) 795 6431 Page 1 of 3 P•2 Feb 26 02 04:23p SWR RRCHI7ECTS w a 0 a � U. H Jp�mtOi^C IJ WJSM I. - LU w Z P5 4c w N N W ma LL O MM L6 zzz wj OIL lu Lu a Z00 Z 0 64 806-797-1013 J W vJ N N w Z > onsP. xg= a w Ngo dna U) 8Q (� w m 40-' aoz ~DMOg� p Z �0�00 N.�.4M0: W LU 0 d 0 cwui ^T u&L audtaa Oa x s - Z= to=w Wx2R EO, co UA z 1" E L � z Vt) x�d �We cznaF��o O {� o X 0. w J- (D mLL�zoz U, U' U' �Z Z�ZSe UjL)m w0 �% w ;: �av� u�yv ° awui � 0 ya u�P-Q ��0 �tozCD w z WWK �mo z 2QCLWt -A.. Inst u i x W p.3 LJ r C N LU Q a. SWR ARCHITECTS Feb 26 02 04:24p N � N Lu Q _IX IXJ W 1J.1 J VZ N0 23W W on U. ORR co W yd0 �Ou3i ZzZj .J za V p N a Z N Y. Lu N F� C u' zW I Lu N J Z s tlz� Z �1-� W Z Zo N U i tip ca � r Oa OOZE ON diMJa0 1 cm W SWR ARCHITECTS 806-797-1013 t� 0 D j U.�=ujI" 0 a..N � v% V) Lu �aF-Zo Wa„c oma GJlay"!FQ- o d S4uj- ZW�,Z� cacc= Lu to zalLuutcuti�7ryxlz'i N a C 0t - K zda t a Lu N Z R W tY 0 J d' Z tall t'1 z N W p.4 N � N Q Q a 1J.1 N0 23W W Q i ORR Q W yd0 U. .J za .St W N a Z N Lu N �S C u' = H l I Lu N J Z S� �1-� W Z OV0 M W Z N U i tip ca � C'?� Oa OOZE ON diMJa0 806-797-1013 t� 0 D j U.�=ujI" 0 a..N � v% V) Lu �aF-Zo Wa„c oma GJlay"!FQ- o d S4uj- ZW�,Z� cacc= Lu to zalLuutcuti�7ryxlz'i N a C 0t - K zda t a Lu N Z R W tY 0 J d' Z tall t'1 z N W p.4 r ul iii ORR H Let _ LO 3�� 1 Q Lu yQ�^e' N U i tip ca � ON diMJa0 r -A - MILLENNIUM CORPORATE PARK S A F ECO" BLDG. C 18400 NE UNION HILL ROAD sw REDMOND, WA 98052 FIRST NATIONAL SURETY BID BOND KNOW ALL BY THESE PRESENTS, That we, H. Construction Systems, Inc. DBA Hamilton Roofing Company P.O. Box 2703 Lubbock, Texas 79408 (hereinafter called the Principal), of as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA (hereinafter called the Surety), as Surety are held and firmly bound unto City of Lubbock Lubbock, Texas (hereinafter called the Obligee) in the penal sum of Fivepercent of the m in ^f � J i Dollars ($ 5% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Roof Replacenent @ Pump Station 3 6, & 8 and Montciongo NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful ' ' performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. t _� Signed and sealed this 28t -h day of Fc-br„ary 9002 'I H. Construction Systems, Inc. DSA �? Hamilton Roofing; Company (Seal) ILIPrincipal i Witness % Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA Witness By — Max L. Ince Attorney -in -Fact i ® Registered trademark of SAFECO Corporation. S-0053/FNEF 10/99 POWER .�LFIRSTNATIONTAL SURETYOF ATTORNEY 4333 Brooklyn. Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE, WASHINGTON 98105 No. 10473 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint s*ssssssssssssssssssss*s*sssssssasssssssrssss*ssMAX L. INCE; FERN HOPPE; SHIRLEY COUCH; Lubbock, ASM its true and lawful attomey(s)4n-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of June 2001 R.A. PIERSON, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that F purpose by the officer in charge of surety operations, shalt each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or .A undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the. seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, ►"e the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issuad pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attemey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this (Jl .�GIT� day of�r✓L�L1.F�. a SEAL 1928 R.A. PIERSON, SECRETARY S-1049/FNEF 2101 6120/01 PDF E• _r PAYMENT BOND a; Pot DA VIIA L�111T Pf /��,e� rill IYI GIV 1 OVIVLJ (McGregor Act - Public Works) Texas Bond 5973405 KNOWALL BY THESE PRESENTS, That, we, H. Construction systems, Inc. DBA Hamilton Roofing Company (hereinafter called the Principal), as Principal, and First National Surety ' organized and existing under the laws of the State of Washington a corporation Seattle with its principal office in the City of , and authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock, Lubbock, Texas (hereinafter called the Obligee) in the amount of Eighty Nine Thousand Six Hundred Sixty -Eight and J.,no/100ths ^ x x * x x x * x * x x * x * is* x * * x * c Dollars, 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 thel4th day of Marrh gnng , t0 wit: 9 Roof Replacement At Pump Stations 3, 6, & 8 and Montelongo Swimraing Pool. w� which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. LNOW, THEREFORE, THE CONDITION OF THIS OBLIGATION /S SUCH that if e said, Principal l claimant supplyinglabor and material to him/her or a sub -contractor in the prosecution of the work provided for in Isaid col pay l ntract, 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 of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 27th day of March 2002 .� H. Construction Systems, Inc. DBA Hamilton Roofing Company (Seal) Principal (Seal) B Y (Seal) Shirley Couch Attorney i., -Fact S -2170/GEEF 10/99 z - , a • POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY 4333 BROOKLYN AVE NE w+a SEATTLE, WASHINGTON 98105 4333 Brooklyn. Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: No. 10473 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint MAX L. INCE; FERN HOPPE; SHIRLEY COUCH; Lubbock, Texas'***s**»*r:s**s*s►*****:*********,*,*„*,..:**.",. its true and lawful attomey(s)4n-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of June 2001 r et R.A. PIERSON SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority -or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall no: be necessary to the validity of any such instrument or undertaking " v+* Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA` adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, f (i) The provisions of Article V, Section 13 of the By -Laws, and (i�i A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.” I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE dOMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of < Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-1049IFNEF 2101 0 this c�S / Ci� % day of / 'Z16ex-11 '4_11 SEAL 1928 0•10+.,,; R.A. PIERSON, SECRETARY 6/20101 PO PERFORMANCE BOND Bond 5973405 KNOW ALL BY THESE PRESENTS, That we, H. Construction Systems, Inc. DBA Hamilton Roofing Company (hereinafter called the Principal), as Principal, and First National Surety a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock Lubbock Texas , (hereinafter called the Obligee), ' in the sum of Eighty Nine Thousand Six Hundred Sixty—Eight and no/100ths * * * * * * * * * * ($ _ 89.668.00 ) Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Signed and sealed this 27 th day of March 2002 WHEREAS, said Principal has entered into a written Contract with said Obligee, dated March 14, 2002 ig foRoof Replacement At Pump Stations 3, 6, & 8 and liontelongo Swimming Pool. in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within two (2) years following the date on which Principal ceased work on said Contract. H. Construction Systems, Inc. DBA Hamilton Roofing Company By Q l J Principal C/ S-0757/GEEF 10/99 o++ First National Surety By Shirley Couch Attorney -in -Fact n POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE !FF!i�iNATIONAL Si� �RETY OF ATTORNEY SEATTLE, WASHINGTON 98105 4333 Brooklyn. Avenue N.E. Seattle, WA 98105 No. 10473 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ssssssssssss»ssssaassssrswasrssss♦+ssssssr��ssssMAXL. INCE; FERN HOPPE; SHIRLEY COUCH; Lubbock, Tex3Ss#ssssa*sssssssssssssrssssssssssssssssssssssssssss its true and lawful attomey(s)4n-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of June 2001 R.A. PIERSON, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE .�, Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: amj "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for tIN purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority 1 execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On ar instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall n be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and . (i) A copy of the power-of-attorney appointment, executed pursuant thereto, and (ii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and C Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, Resolution and the Power of Attorney are still in full force and effect. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this � day of�L1C� S-10491FNEF 2101 SEAL # R.A. PIERSON, SECRETARY 612010' CERTIFICATE OF INSURANCE M-, IL ACORD,. CERTIFICATE OF LIABILITY INSURANCE RODUCER (806) 797-4131 FAX (806) 793-1629 THIS CERTIFICATE 1S ISSUED AS A MAI DATE (MMIDDIYY) Ince Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE „P. 0. Box 64850 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV Lubbock, TX 79464 INSURERS AFFORDING COVERAGE IINsuRED H. Construction Systems, Inca Hamilton Roofing Co & Hamilton Acoustical Co P.O. Box 2703 LLubbock, TX 79408-2703 i OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DC MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C I LTR TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY CLP3101012 X COMMERCIAL GENERAL LIIBIUTY CLAIMS MADEX❑ OCCUR A GEN'L AGGREGATE LIMIT APPLIES PER: —1 POLICY n JE Q n LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO EXCESS LIABIUTY F.UP2527174 X OCCUR CLAIMS MADE A DEDUCTIBLE RETENTION $ WORKERS COMPENSATION ANDSF0010588202 EMPLOYERS' LIABILITY INSURER A: Bituminous Insurance Companie! INSURER B: Texas Mutual Insurance Company INSURER C: INSURER D: INSURER E: NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW =NT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISS IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION 12/0 LIMITS EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG 1 $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per Person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ Is DOR OF SUCH 1,000 so S 2,000 2,000 2.000 1.000 E.L. EACH ACCIDENT 1 $ 500 E.L. DISEASE - EA EMPLOYEE $ 50Q E.L. DISEASE - POLICY LIMIT 1 $ Soo .� uto Physical Damage P3074445 12/01/2001 12/01/2002 Comprehensive 2S0 Colllision - 500 DED On Specified Autos DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS tE: City of Lubbock Roof Replacement at Pump Stations 3, 6, & 8 and Montelongo Swimming Pool. ''ty of Lubbock is additionaiinsured for this job on general liability and auto. fiver of Subrogation applies on general liability, auto and workers compensation. ERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WALL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Lubbock BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 2000 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Lubbock, TX 79457 AUTHORIZEgRE ENTATIVE s+A;UKU ZO-s (IIVI) FAX: 775-2164 M CONTRACTOR CHECKLIST ;ONTRACTOR SHALL: (1) _ (2) (3) (4) 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; provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; 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; obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (g) 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; retain all required certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other ' commission rules. This notice must be printed in at least 19 -point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices PO- shall be the following text provided by the commission on the sample notice, without any additional words or changes: r r 2 REQUIRED WORKERS' COMPENSATION COVERAGE ie law requires that each person working on this site or providing services related to this construction project must (see Terse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering uipment and materials, or providing labor or transportation or other service related to the project, regardless of the :ntity 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: (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 r (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.0 3 (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; roll Q (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 .d 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 r (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; G (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 r (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.0 3 CONTRACT �iz CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14th day of March, 2002 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 Hamilton Roofing Company 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 #039-02/DC - CITY OF LUBBOCK ROOF REPLACEMENT AT PUMP STATIONS 3, 6, & 8 AND MONTELONGO SWIMMING POOL - $89,668.00 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. AT EST: CITY OF LUBBO , TE S ( ER) i // By: City Secretary AYOR VED AS O NTENT: CONTRACTOR: Owner's Represe tative Nr C�,�s%2curio✓ Sys,-rks, %r. . C!s /)�. G 7��Cl�•T /i ,u-C'GOF in« CCJ/y. r�AhY APPROVED AS TO FO M: �i By: Ci(y Attorney /f `... PRINTED NAME: +-.ou,s V-teu��,� TITLE: V cr - Pi2zsiixt ATTEST: COMPLETE ADDRESS: Corp to Secretary Hamilton Roofing Company _�� P.O. Box 2703 Lubbock, Texas 79408 1 r -I POW P" GENERAL CONDITIONS OF THE AGREEMENT RSR GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- tr. m partnership or corporation, to wit HAMILTON ROOFING COMPANY who has agreed to perform the work embraced in this contract, or their legal representative. t 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 HARLAN STAUFFER, FACILITIES MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to 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 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 lop1 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 is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the 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) r -R .; 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. .; i. SUPERINTENDENCE AND INSPECTION POW It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall ?"R furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the r 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. i. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any w subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. CONTRACTOR'S UNDERSTANOI=NO r_.... It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. r 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 bome by the Contractor at its own cost and expense. 3. 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. r 3 CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. _ The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. OBSERVATION AND TESTING The 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. 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 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 f 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. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include allwork 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 r by Contractor's bid, except as`provided under Changes and Alterations herein, It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: I 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. 0"% 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`fi`eld 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 f 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 140%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for pow 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'Contracforfnr its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall �v be included in the "actual field cost." 5 fi No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra _ work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. DISCREPANCIES AND OMISSIONS It is further agreed that it 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. 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. 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, 6 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. t**r 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. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents k " including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Producfs &I 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, $0.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance 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-ownershiLiability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract arice (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 JQ.00 on 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 0406.096, 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 8 r� E (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 (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 r�* coverage ends during the duration of the project. T' 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. ,. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the f - 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 r-+ project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; E (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: aka (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 M - 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 theurr riate insurance r-+ 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 entities 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. (g) 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 I I (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially effects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS, COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This Includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Cali the Texas WorkersCompensation Commission at 5121440-3789 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; provide a certificate of coverage to the Contractor prior to that person beginning work on the project; include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be, filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission'sDivision of Self4nsurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil p enalties, or other civil actions."; (1v) provide the Contra I ctor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and -provide to the Contractor (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; - (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i) -(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 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. 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. 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 shalt 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 12 r Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 otification to Owner's Representative of such variance or variances within work. In the absence of timely written n 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. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES l 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 specid in the talalct documents, of work to understood and agreed thatthe work embraced in one hereunder are essential conditions of this contract; and it is further mutually 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 of this contract, the Owner for the awarding may withhold permanently from Contractor's total compensation, the sum of 300.00 (THREE HUNDRED) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and shall be in default after the time stipulated for substantially completing the every working day that the Contractor 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 i the Owner would sustain in such event would be difficult and%r impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. TIME AND ORDER OF COMPLETION e-, 13 It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 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. _ HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their 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. 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 14 this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the 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. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance'of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment 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 PartialPayment, 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. SUBSTANTIAL COMPLETION . Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) r a 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. 15 FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Rep resentativ al measuremeof final nt con - Upon ompletion, determineltten notice whether final of final completion, the Owner's Representative shall proceed to make finoccurre, Owner's completion has occurred. If the Owner's Repr ive determines final entati on certification by Owner's Represon has ent t ve of final completion, Representative shall so certify to the Owner. p on of inal Owner shall pay to the Contractor ntractor undee the terms of this e s agreemeafter nt. Neither the certifie date of 'cationf completion, the balance due Cisions in the contract docuents of final r of completion nor the final payment, noany ch may be required in the contract doculments and/oCany warranty ore obligation for fulfillment of any warrantyhi warranties implied by law or otherwise. CORRECTION OF WORK Contractor shall promptly remove from ocuments,all whetheaactuallye incorporated imned by the on terworkeor notnant� e on account of failure to conform to the contract d Contractor shall at its own expensedocumereplace Cont actor shall sob earthethe expe se of restoring all work of ng nts to the requirements of the contract other contractors damaged by aany asuchble timelafter or ealwritten notice by the Owner or the Owners Repreacement. if Contractor does not remove and sentative, such condemned work within Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial l completios orn, nor any pro ilio in the contract documents shall relieve the Contractor of responsibility faulty and Contractor shall remedy any defects due thereto an( J orany daage to other work resulting certif cation of final completion by Owner therefrom, which shall appear within a period of one (1) yearfrom the date Representative. PAYMENT WITHHELD Id or nullify The Owner or Owner's Representative may, on ent account f subsequently necessary to protect reitself from evidence, withh account of: the whole or part of any certification to such ex Y (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 providessurety of hem, bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because CLAIM OR DISPUTE to It is further agreed by both parties hereOwner's shall be in writing and filed with the 'saRellp esenttative within fifteen (15)ions of dispute or tcalendament edays after the Ownersented by the 's e Contractor es to ke Representative has given any direction,pprovided in this contract of any decrision by Owner's Representat Representative exception. rtowner Timely written notice of dispute pion or claim by Contraor of any shall be a condition precedent to she bringing set forth n the of assertId son pute are ntot g anted or otherwise respondedtht oby under this Contract. If the mattee by owner's Owner's Representative within fifteen (15 Aral calendar by he Owof 'pt f ner's notice of dispu vte, or deemed denial by the've, m said objections shall be deemed deedy decision Owner's Representative, shall oro the final final aconclusive in the absence of fraud. nd shall be a bar to any and all it of the Contractor, and acceptanther agreed that the ce by the Contractor p constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. L NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR 16 In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety i on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no r, 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 F 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, x ; 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 i. (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of F 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 t 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 17 property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said rived notice the owner may sell such machinery, equipment, tools, matelicab erials r Such sa ssupplies nmap ble made at ei hery the net sum e public from such sale to the credit of the Contractor and his Surety, if app y or private sale, with mor aterials,ut or sutice, as the pplies that ema n on wner t elect. jobsite a d belong to pe sons other than t e Contractor equipment, tools, m , or his Surety, if applicable, to their proper owners. nt The remedies provided to Owner bynderstood that the exercise c se by Owner of erwise, shall the remedies provided ine cumulative, to the this permitted by law. It is expressly agreed and u wner, and Owner, irrespective of its paragraph shall not constitute eunder shall'on of be entitled tole ere se co cur n the part ofently or otherwise, any and all other remedies exercise of remedies he available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited a forth ' and owner e contract documents, f orand Owner sha, work ll not be performed by Contractor and/or its subcontractors ass 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. BONDS The Contractor is required to furnish act rf price n the ermance ovent that said contract pricend in accordance with pexceeds $1 0 000 and heter 2253, Government de, in the amount of 100% of the total c p - Contractor is required to urnish a payment ty rice in the event that said cont act nce with price exceeds v$25,000 CAlll bonds shall amount of 100% of the P be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized e further agreed that this contract shall not ben effect until such bonds are o do Te business in the State ofa a so furnished. SPECIAL CONDITIONS In the event special conditions cocontained i � herein as rtof tr�ntract dspecial ecial n't ions conflict with any of the general onstained nthis contract, in such event the s and said shall control. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all ofloss, expense or the elements, or framage to the Contctor arising out of te nature of om any unforeseen circumstance or frohm unusual the work to be done, or from the action ntered in the obstructions or difficulties,hall be sustained and borne by the Con ay occurring, man made or 'cto at'h s own cost and expense. may be encou prosecution of the workork,, INDEPENDENT CONTRACTOR and Contractor is, and shall remain, an independent contractorth method of, complete he performancexclusive e of he wo k�ty to direct, supervise, and control its own employees and to to observe covered hereby. The fact that theperformanwner or Ownerce a and to carry out other prerogatives awh ch areshall have the texpressI eserved to rand work during Contractor's vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. CLEANING UP 18 The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in a 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. e� 19 s �m CURRENT WAGE DETERMINATIONS '40.� RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 A, EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates ; k Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 k, Asbestos Supervisor 12.50 Bricklayer 12.50 �-+ Bricklayer -Helper 7.00 Carpenter 11.1)0 ' Carpenter -Helper 7.00 Cement Finisher 8.00 k Drywall Hanger 11.0013 Electrician 75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8 50 ' Floor Installer 9.50 t Glazier Insulator-Piping/Boiler 10.50 11.50 Insulator -Helper 7.00 Iron Worker 11.00 .., Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 Plumber-Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 11.00 r F6i 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 Houriv Rate t 2 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 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 r- Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. h i r °'" 3 I i TECHNICAL SPECIFICATIONS INDEX ROOF REPLACEMENT FOR THE CITY OF LUBBOCK WATER DEPARTMENT PUMP STATIONS #3, #6, #8 AND MONTELONGO SWIMMING POOL SWA Job No. 01-018 Pages 1 6 1 1 4 K 3 4 7 3 3 7 ems+ .. SWA Job No. 01-018 index - 1 of 1 k.. INDEX Section Number Section Title Technical Specifications Index DIVISION 1 GENERAL REQUIREMENTS Section 01010 Special Conditions 01011 Statement of Certification 01050 Final Cleaning DIVISION 2 SITEWORK Section 02070 Roofing Demolition -a DIVISION 3 CONCRETE - Omitted DIVISION 4 MASONRY Section 04200 Unit Masonry Repairs w DIVISION 5 METALS - Omitted DIVISION 6 WOOD AND PLASTICS Section 06100 Rough Carpentry DIVISION 7 THERMAL AND MOISTURE PROTECTION Section 07212 Roof Insulation 07520 Modified Bitumen Roofing 07600 Flashing And Sheet Metal 07900 Caulking And Sealants DIVISION 8 DOORS AND WINDOWS - Omitted DIVISION 9 FINISHES Section 09900 Painting DIVISION 10 SPECIALTIES - Omitted f DIVISION 11 EQUIPMENT - Omitted DIVISION 12 FURNISHINGS - Omitted DIVISION 13 SPECIAL CONSTRUCTION - Omitted r a v� DIVISION 14 CONVEYING SYSTEMS - Omittedaf ti { x. DIVISION 15 MECHANICAL - Omitted DIVISION 16 ELECTRICAL - Omitted End of Index Pages 1 6 1 1 4 K 3 4 7 3 3 7 ems+ .. SWA Job No. 01-018 index - 1 of 1 k.. B. Contract Documents were prepared for the Project by: 1. Stiles, Wallace & Associates 3307 Avenue X Lubbock, Texas 79411 - Voice: (806) 795-6431 Fax: (806) 797-1013 f C. The Contractor shall supply all labor, materials, transportation, apparatus, light, energy, scaffolding and tools necessary for the entire proper and substantial completion of the work and shall install, maintain and remove all equipment of construction and other utensils or things and be responsible for the safe, proper and lawful construction maintenance and use of same, and shall construct in the best and most workmanlike manner these improvements and everything properly incidental thereto, as shown on Drawings, stated in Specifications or reasonably implied therefrom or in accordance with the Contract Documents. D. The Work will be constructed under a single prime contract. 1.3 WORK SEQUENCE AND TIME OF COMPLETION A. Adherence to the Work Sequence and Time of Completion shall be a strict condition of this Contract. B. Work on all project sites shall begin with a one "Notice To Proceed" '* issued by The City of Lubbock. 1. All work shall be substantially complete and ready for occupancy on or before the date set forth in the "Notice To Proceed". 2. Contractor shall agree to commence the work on the above project on or before a date to be specified in a written "Notice To Proceed" of SWA Job No. 01-018 01010 'Special Conditions - 1 of 6 SECTION 01010 - SPECIAL CONDITIONS P,,,. PART 1 - GENERAL. 1.1 RELATED DOCUMENTS A. The Drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division -1 Specification Sections, apply to this Section. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The Project consists of Roof Replacement For The City of Lubbock Water Department Pump Stations #3, #6, #8 and Montelongo Swimming Pool. 1. Owner: The City of Lubbock 2. Architect's Project Number: 01-018 3. Project Locations: Site #1 Site #2 Pump Station #3 Pump Station #6 2520 3rd Street 402 66th Drive Lubbock, Texas Lubbock, Texas Site #3 Site #4 P" Pump Station #8 Montelongo Swimming Pool 3301 Southeast Loop 289 3200 Bates Street Lubbock, Texas Lubbock, Texas B. Contract Documents were prepared for the Project by: 1. Stiles, Wallace & Associates 3307 Avenue X Lubbock, Texas 79411 - Voice: (806) 795-6431 Fax: (806) 797-1013 f C. The Contractor shall supply all labor, materials, transportation, apparatus, light, energy, scaffolding and tools necessary for the entire proper and substantial completion of the work and shall install, maintain and remove all equipment of construction and other utensils or things and be responsible for the safe, proper and lawful construction maintenance and use of same, and shall construct in the best and most workmanlike manner these improvements and everything properly incidental thereto, as shown on Drawings, stated in Specifications or reasonably implied therefrom or in accordance with the Contract Documents. D. The Work will be constructed under a single prime contract. 1.3 WORK SEQUENCE AND TIME OF COMPLETION A. Adherence to the Work Sequence and Time of Completion shall be a strict condition of this Contract. B. Work on all project sites shall begin with a one "Notice To Proceed" '* issued by The City of Lubbock. 1. All work shall be substantially complete and ready for occupancy on or before the date set forth in the "Notice To Proceed". 2. Contractor shall agree to commence the work on the above project on or before a date to be specified in a written "Notice To Proceed" of SWA Job No. 01-018 01010 'Special Conditions - 1 of 6 the owner and to fully complete the project within 150 (ONE HUMRED FIFTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. 3. Contractor shall agree to pay the Owner as liquidated damages the sum of $300.00 (THREE HUNDRED) 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. 3. A "Certificate of Substantial Completion" shall be issued for each project site upon completion. 1.4 WORK BY THE OWNER AND WORK UNDER OTHER CONTRACTS A. Separate Contracts: The Owner may award separate contracts for performance of certain construction operations at the site. Those operations will be conducted simultaneously with work under this Contract. B. Cooperate fully with separate contractors so that work under those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. 1.5 CONTRACTOR USE OF PREMISES A. Use of the Site: Limit use of the premises to areas inside the perimeter fence at each site. Do not disturb portions of the site beyond the areas in which the Work is indicated. 1. Owner Occupancy: Allow for Owner occupancy of building and adjacent lawn areas and facilities. 2. Contractor shall coordinate site access on a daily basis with the City of Lubbock. 3. Personnel Identification: All contractor employees shall have a personal identification badge furnished by the contractor which has the following information and is worn and visible at all times: a. Employee photo b. Company Name C. Company Phone Number d. Employee's full name 4. Driveways and Entrances: Keep driveways and entrances serving the premises clear and available to the Owner, the Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. B. Existing Facilities: Protect existing buildings, streets, trees, etc. from damage throughout the construction period. Repair damage caused by construction operations. Take all precautions necessary to protect the existing facilities and its occupants during the construction period. 1.6 OCCUPANCY REQUIREMENTS A. Owner Occupancy Requirements: The Owner will use the pump station facility and adjacent lawn areas during the entire construction period. Cooperate with the Owner during construction operations to minimize conflicts and facilitate owner usage. Perform the Work so as not to interfere with the Owner's operations. B. Pump Stations: The roof and exterior of the building will be made SWA Job No. 01-018 01010 Special Conditions - 2 of 6 available to the Contractor at all times for construction operations. 1.7 EXAMINATION OF SITE A. Bidders are required to visit the site (including roof and building) and P compare the drawings and specifications with existing conditions, and inform themselves of all conditions which will affect this work. Failure *■* of the successful bidder to do so will in no way relieve the bidder from r the necessity of furnishing any materials, labor, or equipment, or performing any work that may be required to complete work in accordance with drawings and specifications, without additional cost to the Owner. 1.8 FIELD SUPERINTENDENT A. Laying Out Work: A competent superintendent initially approved by the Architect, shall be kept by the Contractor at the construction site at all times and in continuous superintendence during the progress of the work, to receive instructions and to act for the Contractor in the �0. accurate laying out and direction of all work. 1.9 NOTIFICATIONS 1.11 PROTECTION AND ACCESS A. The Contractor shall adequately protect the property and adjacent property at all times, and shall make good at his own expense any damage to such property arising out of any operation connected with his contract. B. The Contractor shall at all times protect the excavations, trenches, and/or the building from damage from rain water, spring water, ground water, backing up of drains or sewers, and all other water. He shall provide pumps and equipment and enclosures to provide this protection. C. The Contractor shall at all times provide , p protection against weather - rain, wind, storms, frost, or heat so as to maintain all work, materials, apparatus and fixtures from injury or damage. At the end of the day's work all new or old work likely to be damaged shall be protected. 1.12 REPAIR OF DAMAGE SWA Job No. 01-018 01010 'Special Conditions - 3 of 6 A. The Contractor shall give the Architect verbal notification at least 48 hours prior to commencing any of the following: 1. Roofing Operations ., 2. Painting 3. Testing Various Utility Lines 1.10 CONSTRUCTION FENCES A. The Contractor shall construct and maintain protective temporary fences around areas_ of, the project only as the Contractor deems necessary. However, at no time shall the facilities be open or accessible to the pnbllc . B. Temporary fences shall be constructed of standard gauge chain link mesh. ' Fences shall be 6'-0" high, with steel or aluminum posts spaced as necessary to maintain fences in good repair. C. Upon completion of the project, the storage and access areas shall be restored to pre -construction condition. Grassed areas shall be fine graded to remove any evidence of vehicular traffic. Damaged irrigation components shall be restored to pre -construction conditions. 1.11 PROTECTION AND ACCESS A. The Contractor shall adequately protect the property and adjacent property at all times, and shall make good at his own expense any damage to such property arising out of any operation connected with his contract. B. The Contractor shall at all times protect the excavations, trenches, and/or the building from damage from rain water, spring water, ground water, backing up of drains or sewers, and all other water. He shall provide pumps and equipment and enclosures to provide this protection. C. The Contractor shall at all times provide , p protection against weather - rain, wind, storms, frost, or heat so as to maintain all work, materials, apparatus and fixtures from injury or damage. At the end of the day's work all new or old work likely to be damaged shall be protected. 1.12 REPAIR OF DAMAGE SWA Job No. 01-018 01010 'Special Conditions - 3 of 6 A. The Contractor shall be. responsible for any loss or damage caused by him, his workmen, or his subcontractors to the work or materials, to tools, and equipment of one another, to adjacent property and persons, and shall make good any loss, damage or injury without cost to the Owner. 1.13 EXISTING UNDERGROUND UTILITIES A. Existing underground lines may occur in the site where the work is to be. done. Such lines will be staked by the Contractor prior to start of the work. 1.14 COORDINATION A. All contractors and subcontractors on the project shall coordinate their work with each other, advising on work schedules, equipment locations, etc. B. Mechanical and Electrical subcontractors shall coordinate routes of piping, ductwork, etc., with each other prior to start of installation. 1.15 PERMITS AND LAWS A. The Contractor shall comply with all Federal, State and Municipal Laws, Codes and Ordinances applicable to the work of this contract, and he shall also comply with all regulations of the National Board of Fire Underwriters having jurisdiction, and he shall obtain and pay for all permits required in connection with the execution of his work. The Architect shall be furnished with certified copies of these permits if requested. B. If the above Laws, Codes or Ordinances conflict with the Contract Documents, then the laws, codes or ordinances shall govern instead of the documents, except in such cases where the documents exceed them in quality of materials, or labor; then the documents shall be followed. 1.16 PROJECT MEETINGS A. Preconstruction Conference: Prior to the Contractor beginning work at the site, the Architect will hold a preconstruction conference at a time and place to be established by the Architect. B. Project Briefings: Each month, the Contractor shall brief the Owner and Architect on project progress during the preceding period. Any slippage in schedule shall be discussed during the briefings. 1. Briefings shall be held at a time and place established by the Architect. 1.17 TEMPORARY UTILITIES AND FACILITIES A. The Contractor will be allowed to use existing power and water available at the site for construction purposes without charge. The Contractor shall verify the location of such services and make all necessary payments, arrangements and connections for temporary utilities. B. The Contractor shall provide adequate temporary lighting as needed in the building for all trades. C. Job Office: Contractor shall maintain a job office and storage facilities as may be necessary for the proper execution of the work. D. Telephone: Contractor shall be responsible for his own telephone. The Contractor shall provide and pay for a telephone at the building site in order to expedite his work. Local telephone service shall be made SWA Job No. 01-018 01010 Special Conditions - 4 of 6 available to all persons connected with the work. Use of Owner's telephone is prohibited. E. Toilets: The Contractor shall provide and maintain in good order F: temporary toilets on the site. Toilet shall be an approved chemical type. Toilets shall be completely enclosed and of neat appearance. Toilet locations shall be approved by the Architect. Use of Owner's toilets is ,• prohibited. rv, . `= F. Temporary Heat and Ventilation: Provide temporary heat and ventilation as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the ,E installation of materials, and to protect materials and finishes from damage due to temperature or humidity. G. Cover trenches and holes when not in use. Erect barriers at changes in plane steeper than 45 degrees and more than 3 feet in height. H. Provide facilities to exclude unauthorized visitors from the construction site. Provide personal safety equipment for authorized visitors. Provide temporary doors with locks where required. I. Provide and maintain warning lights and signs as necessary to prevent damage or injury. Keep warning lights burning from dusk to dawn. 1.18 TEMPORARY CONTROL OF WEEDS AND OTHER MATERIALS A. Weed Control: The Contractor shall keep the streets and construction area free of weeds. Weeds shall be kept to a height of no more than 12 inches to comply with the City Ordinances. 1.19 DISPOSAL OF WASTE MATERIALS A. The Contractor shall remove all combustible and non-combustible waste �*^ materials completely from the Owner's property and legally dispose of same. B. Burning of any materials will not be permitted within the boundaries of the Owner's property. 1.20 DAILY SITE CLEANUP A. The Contractor shall, on a daily basis, have all loose, discarded, material debris and packaging materials picked up and placed in a proper trash receptacle for removal from the site. B. The einteriorpace shall have all construction debris picked up and held designatedin area so as not to interfere with daily work progress. 1.21 FIRE PROTECTION DURING CONSTRUCTION A. The Contractor, subcontractors, and their personnel are required to be in compliance with the fire protection and prevention requirements of the + Occupational Safety and health Act for Construction. Fire extinguishers shall be available at all times while work is being performed. The number and type are to be as specified in Subpart F of OSHA. The Contractor is required to furnish his own extinguishers. B. Waste combustible materials shall not be allowed to accumulate at the work site and shall be removed from the site and disposed on a regular basis. 1.22 PROJECT IDENTIFICATION REQUIREMENT rn+ SWA Job No. 01-018 01010 Special Conditions - 5•of 6 A. Signs: No signs or advertisements will be permitted without approval of the Architect. 1.23 MATERIAL AND EQUIPMENT A. Storage And Protection: The Contractor shall carefully consider material storage, so as to avoid interference with other phases of construction. _ B. He shall so store, pile and arrange his materials that they will not be injured by the elements, by the progress of erection, by contact with the ground or from any other cause. He shall provide and do all covering necessary for this purpose and shall remove from the premises any damaged materials when so directed by the Architect. C. The Owner will designate an area immediately adjacent to the Building _ site for storage of materials. Storage area shall be fenced to keep unauthorized persons from having access to area. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01010 SWA Job No. 01-018 01010 Special Conditions - 6 of 6 r; SECTION 01011 - STATEMENT OF CERTIFICATION STATEMENT OF CERTIFICATION Please be informed that the Texas Board of Architectural Examiners certificates that: Marvin Edward Stiles is Registered to practice as an Architect and Interior Designer in the State of Texas Architect Registration Number 5829; Expiration Date 07/31/02 Interior Designer Registration Number 7725; Expiration Date 12/01/02 "? Wesley Craig Wallace is Registered to practice as an Architect in the ;. State of Texas Architect Registration Number 17012; Expiration Date 02/28/03 The Texas Board of Architectural Examiners has jurisdiction over the professional practice of Marvin Edward Stiles and Wesley Craig Wallace and any person or persons having any questions or requiring any information concerning the professional practice of said individuals may contact the Texas Board of Architectural Examiners at: TEXAS BOARD OF ARCHITECTURAL EXAMINERS P.O. BOX 12337 AUSTIN, TEXAS 78711-2337 Voice (512) 305-9000 *+ Fax (512) 305-8900 s t sem+ sem+ SWA Job No. 01-018 Statement of Certification - 1 of 1 a SECTION 01050 - FINAL CLEANING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division -1 Specification sections, apply to this Section. 1.2 DESCRIPTION OF WORK A. The Contractor shall use experienced workmen or professional cleaners for final cleaning. B. Upon completion of all work, and just before request for final inspection, the Contractor shall have all construction areas or spaces cleaned and in such condition that the Owner will have no further cleaning requirements. C. Special cleaning for specific units of work is specified in sections of Division 2 through Division 16. Comply with manufacturer's instructions for cleaning operations. D. The following are examples, but not limitations of cleaning levels required: 1. Remove labels which are not required as permanent labels. 2. Remove debris from roofs, mechanical equipment and similar items. 1.3 SITE (YARDS AND GROUNDS) CLEANING: A. Sweep and remove stains from exterior walks, porches and paved areas. Also remove temporary tape, wrappings, coatings, labels, grease, dust, dirt, stains, fingerprints, and other foreign materials from exterior items and surfaces caused by new construction operations. B. Clean project site (lawns and grounds), including landscape development areas, of all debris and foreign substances. Rake grounds which are neither planted nor paved, to a smooth, even -textured surface. Remove excess fill and fine grade around all new site utility construction. vehicle traffic or other construction Repair all areas damaged by operations. r� 1.4 RUBBISH A. All debris, surplus material, and other items specified or indicated for removal and not claimed by the Owner as salvaged materials shall become property of the Contractor and shall be removed from the site and disposed of in a lawful manner. �** PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) pot" END OF SECTION 01050 �*w SWA Job No. 01-018 01050 Final Cleaning - 1 of 1 r-, SECTION 02070 - ROOFING DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, -including General Instructions to Bidders, General Conditions of the Agreement and ' Division -1 Specification sections, apply to this Section. 1.2 SUMMARY OF WORK A. This Section includes the following: 1. Removal of existing aggregate surfaced built-up roofs down to the existing decks for roofs 02, 03, 04, 05, 06 and sweeping and spudding roofs 01 and 07. a. Corings of existing roofs by Owner's representatives indicates the following existing conditions: Roof 01 - One existing layer over concrete deck Roof 02 - Two existing layers over concrete deck Roof 03 - Two existing layers over concrete deck Roof 04 - Two existing layers over concrete deck Roof 05 - Two existing layers over concrete deck Roof 06 - One existing layer over plywood deck Roof 07 - One existing layer over wood deck b. Approximate thickness of existing roofing materials (excluding aggregate) to be removed is 1/4 inch per layer. C. Each bidder shall be permitted to make additional corings (and other tests) to verify the accuracy of the Drawings and existing conditions which will affect demolition operations. d. Each bidder shall verify with field inspection the actual edge condition that exist. Each bidder shall satisfy himself prior to bidding what is required to install the new gravel guard, wood blocking, tapered insulation and roofing system. 2. Removal of all existing, cant strips, vents, vent flashing, base flashing, counter flashing, pitch pans, flues, skylights and similar items which conflict with the application of new roofing system. 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 items indicated and protect against damage. Deliver salvaged items to Owner's designated storage area located on the site. C. Remove and Reinstall: Remove items where necessary to preform demolition operations. Store and protect against damage. Reinstall items in the same locations or in locations indicated. D. Existing to Remain: Existing construction items to be protected against SWA Job No. 01-018 0.2070 Roofing Demolition - 1 of 4 No Text A. Arrange roofing demolition operations so as not to interfere with Owner's on-site operations. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 EXAMINATION A. Survey existing conditions and correlate with requirements indicated to determine extent of demolition required. B. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged (if any). 5WA Job No. 01--018 02070 'Roofing Demolition - 3 of 4 3.2 UTILITY SERVICES A. Maintain and protect existing utilities against damage during roof removal operations. 1. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner andauthorities having jurisdiction. 3.3 PREPARATION E.-4 A. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. r-► 1. Do not close or obstruct streets, walks, or other adjacent occupied a. or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. ..... B. Conduct demolition operations to prevent injury to people and damage to adjacent buildings facilities and to remain. Ensure safe passage of people around selective demolition area. 1. Provide temporary weather protection, during intervalbetween demolition and removal of existing construction, on exterior surfaces to ensure that no water leakage or damage occurs to structure or interior areas. '" 2. Protect existing exterior walls and other existing finish work that ' is to remain during demolition operations. C. Where required, erect and maintain dustroof p partitions and temporary enclosures to limit dust and dirt migration into existing building. 1. Protect air -handling equipment. D. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations. Return adjacent areas to condition existing before start of demolition. ..„ f: 3.4 ROOFING DEMOLITION 5WA Job No. 01--018 02070 'Roofing Demolition - 3 of 4 A. Remove all existing layers of built-up roofs and other roofing components as indicated on the Drawings. Use methods required to complete Work within limitations of governing regulations and as recommended by roofing product manufacturers (if any). — 1. Where required, 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. 3.5 PATCHING AND REPAIRS A. Promptly patch and repair damaged surfaces caused to adjacent construction by roofing demolition operations. 3.6 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. END OF SECTION 02070 SWA Job No. 01-018 02070 Roofing Demolition - 4 of 4 SECTION 04200 - UNIT MASONRY REPAIRS PART 1 - GENERAL RELATED DOCUMENTS A. The Drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and .m Division -1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Repointing of cracked, missing or spalding joints in existing masonry walls as required to provide a watertight wall system at -v building number two, pump station number three. B. Verification of extent of work: .r 1. It shall be the responsibility of the Contractor to examine each C. exterior masonry wail and determine the existing conditions and the r� extent of masonry repair work required to perform and complete the D. work items listed above. C. Related Sections: The following Sections contain requirements that relate to this Section: PART 1. Section 09900 Painting. 1.3 DELIVERY, STORAGE, AND HANDLING A. Store masonry units on elevated platforms, under cover, and in a dry deterioration or damage due to moisture, location to prevent their temperature changes, contaminants, corrosion, and other causes. If units ' B. become wet, do not install until they are in an air-dried condition. B. Store cementitious materials on elevated platforms, under cover, and in a dry location. C. Store aggregates where grading and other required characteristics can be maintained and contamination avoided. D. Store masonry accessories, including metal items, to prevent corrosion and accumulation of dirt and oil. PART 2 - PRODUCTS 2.1 MORTAR AND GROUT MATERIALS A. Portland Cement: ASTM C 150, Type I. Provide natural color or white cement as required to produce mortar color indicated. B. Masonry Cement: ASTM C 91. 1. For pigmented mortars, use premixed, colored masonry cements of formulation required to produce color indicated, or if not indicated, as selected from manufacturer's standard formulations. Pigments shall not exceed 5 percent of masonry cement by weight for mineral oxides nor 1 percent for carbon black. of natural color 2. For colored -aggregate mortars, use masonry -cement or white as required to produce mortar color indicated. ^* SWA Job No. 01-018 04200 Unit Masonry Repairs - 1 of 3 C. Portland Cement -Lime Mix: Packaged blend of portland cement complying with ASTM C 150, Type I and hydrated lime complying with ASTM C 207. 1. For pigmented mortars, use colored portland cement -lime mix of formulation required to produce color indicated, or if not indicated, as selected from manufacturer's standard formulations. Pigments shall not exceed 10 percent of portland cement by weight for mineral oxides nor 2 percent for carbon black. D. Aggregate for Mortar: ASTM C 144, except for joints less than 1/4 inch, use aggregate graded with 100 percent passing the No. 16 sieve. E. Aggregate for Grout: ASTM C 404. F. Mortar Pigments: Natural and synthetic iron oxides and chromium oxides, compounded for use in mortar mixes. Use only pigments with a record of satisfactory performance in masonry mortars. G. Ready -Mixed Mortar: Cementitious materials, water, and aggregate complying with requirements specified in this Article; combined with set - controlling admixtures to produce a ready -mixed mortar complying with ASTM C 1142. H. Water: Potable. 2.2 MASONRY CLEANERS A. Job -Mixed Detergent Solution: Solution of 3 -1 -cup dry measure tetrasodium polyphosphate and' -cup dry measure laundry detergent dissolved in 1 gal. of water. 2.3 MORTAR AND GROUT MIXES A. General: Do not use admixtures, including pigments, air -entraining agents, accelerators, retarders, water-repellent agents, antifreeze compounds, or other admixtures, unless otherwise indicated. 1. Do not use calcium chloride in mortar or grout. 2. Add cold -weather admixture (if used) at the same rate for all mortar, regardless of weather conditions, in order to ensure that mortar color is consistent. B. Mortar for Unit Masonry: Comply with ASTM C 270, Proportion Specification, for types of mortar indicated below: 1. Limit cementitious materials in mortar for exterior use to portland cement and lime. 2. For masonry below grade and above grade, use type indicated below: a. Type: S. C. Grout for Unit Masonry: Comply with ASTM C 476. Use grout of consistency indicated or, if not otherwise indicated, of consistency (fine or coarse) at time of placement that will completely fill spaces intended to receive grout. 1. Use fine grout in grout spaces less than 2 inches in horizontal dimension, unless otherwise indicated. 2. Use coarse grout in grout spaces 2 inches or more in least horizontal dimension, unless otherwise indicated. PART 3 - EXECUTION 3.1 EXAMINATION SWA Job No. 01-018 04200 Unit Masonry Repairs - 2 of 3 A. Examine conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of unit masonry. Do not proceed with installation until unsatisfactory conditions have been corrected. 1. For the record, prepare written report, endorsed by Installer, listing conditions detrimental to performance of unit masonry. B. Examine rough -in and built-in construction to verify actual locations of piping connections prior to installation. !"s 3.2 REPAIRING, POINTING, AND CLEANING A. Remove and replace masonry units that are loose, broken or otherwise damaged. Install new units to match adjoining units; install in fresh mortar or grout, pointed to eliminate evidence of replacement. B. Pointing: During the tooling of joints, enlarge voids and holes, except weep holes, and completely fill with mortar. Point -up joints, including corners, openings, and adjacent construction, to provide a neat, uniform appearance. Prepare joints for application of sealants. ^, C. In -Progress Cleaning: Clean unit masonry as work progresses by dry brushing to remove mortar fins and smears prior to tooling joints. D. Final Cleaning: After mortar is thoroughly set and cured, clean exposed P" masonry as follows: 1. Remove large mortar particles by hand with wooden paddles and nonmetallic scrape hoes or chisels. 2. Test cleaning methods on sample wall panel; leave one-half of panel uncleaned for comparison purposes. Obtain Architect's approval of sample cleaning before proceeding with cleaning of masonry. 3. Protect adjacent nonmasonry surfaces from contact with cleaner by covering them with liquid strippable masking agent, polyethylene film, or waterproof masking tape. 4. Wet wall surfaces with water prior to application of cleaners; remove cleaners promptly by rinsing thoroughly with clear water. 5. Clean concrete masonry by cleaning method indicated in NCMA TEK 8-2 applicable to type of stain present on exposed surfaces. E. Protection: Provide final protection and maintain conditions that ensure unit masonry is without damage and deterioration at time of Substantial Completion. END OF SECTION 04200 SWA Job No. 01-1018 0420,0 Unit Masonry Repairs - 3 of 3 SECTION 06100 - ROUGH CARPENTRY PART 1- GENERAL ( 1.1 RELATED DOCUMENTS �* A. The Drawings and general provisions of the Contract,including General Instructions to Bidders, General Conditions of the Agreement and Division -1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: �P" 1. Treated wood gravel guard members, grounds, nailers and blocking. 2. Miscellaneous framing and items for temporary closures, guards, runways and ladders. 1.3 DEFINITIONS A. Rough carpentry includes carpentry work not specified as part of other Sections and generally not exposed, unless otherwise specified. 1.4 PROJECT CONDITIONS A. Coordination: Fit carpentry work to other work; scribe and cope as required for accurate fit. Correlate location of furring, nailers, y blocking, grounds and similar supports to allow attachment of other work. rr- PART 2 - PRODUCTS " 2.1 LUMBER, GENERAL A. Lumber Standards: Furnish lumber manufactured to comply with PS 20 "American Softwood Lumber Standard" and with applicable grading rules of inspection agencies certified by American Lumber Standards Committee's (ALSC) Board of Review. 2.2 WOOD PRESERVATIVE TREATMENT A. General: Where lumber is indicated or scheduled as "Treated Wood" or specified herein to be treated, comply with the applicable requirements of the American Wood Preservers Association (AWPA). Comply with AWPA C2 for lumber and AWPA C9 for plywood. Mark each treated item with the Quality Mark Requirements of an inspection agency approved by ALSC's Board of Review. B. Pressure treat the following items with water -borne preservatives for e*� above ground use: a, 1. Wood copings, cants, framing members, plywood sheathing, nailers, curbs, equipment support bases, blocking, stripping and similar members in connection with roofing work. 2. Kiln -dry wood to a maximum moisture content of 15% after treatment with water -borne preservatives. C. Inspect each piece of treated lumber or plywood after drying and discard damaged or defective pieces. e■e 2.3 MISCELLANEOUS LUMBER A. General: Provide lumber as required for temporary support or attachment SWA Job No. 01-018 -06100 Rough Carpentry - 1 of 3 of construction items, barriers, closures and similar members. B. Fabricate miscellaneous lumber from dimension lumber of sizes indicated and into shapes shown. C. Moisture content: 19 percent maximum for lumber items not specified to receive wood preservative treatment. D. Grade: "Standard" grade light -framing -size lumber of any species or board -size lumber as required. "No. 3 Common" or "Standard" grade boards per WCLIB or WWPA rules or "No. 2 Boards" per SPIB rules. E. Plywood: Treated APA C -C Plugged Exterior grade. 1. Minimum thickness to be 3/4". 2.4 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this article for material and manufacture. 1. Where rough carpentry is exposed to weather, use with exterior treated wood, or in area of high relative humidity, provide fasteners with a hot -dip zinc coating per ASTM A 153. B. Nails, Wire, Brads, and Staples: FS FF -N-105. _ C. Power Driven Fasteners: National Evaluation Report NER-272. D. Wood Screws: ANSI B18.6.1. E. Lag Bolts: ANSI B18.2.1. (ANSI B18.2.3.8M) F. Bolts: Steel bolts complying with ASTM A 307, Grade A (ASTM F 568, Property Class 4. 6); with ASTM A 563 (ASTM A 563M) hex nuts and where indicated, flat washers. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Discard units of material with defects that impair quality of rough carpentry construction and that are too small to use in fabricating rough carpentry with minimum joints or optimum joint arrangement. B. Set rough carpentry to required levels and lines, with members plumb and true to line and cut and fitted. C. Fit rough carpentry to other construction; scribe and cope as required for accurate fit. Correlate Ilocation of furring, nailers, blocking, grounds, and similar supports to allow attachment of other construction. D. Securely attach rough carpentry work to substrate by anchoring and fastening as indicated. E. Countersink nail heads on exposed carpentry work and fill holes. F. Use common wire nails, unless otherwise indicated. Use finishing nails for finish work. Select fasteners of size that will not penetrate members where opposite side will be exposed to view or will receive finish materials. Make tight connections between members. Install —. fasteners without splitting of wood; predrill as required. 3.2 WOOD COPINGS, GROUNDS, NAILERS, BLOCKING AND SLEEPERS SWA Job No. 01-018 06100 Rough Carpentry - 2 of 3 r� A. Install wood gravel guards grounds, nailers, blocking, and sleepers where shown and where required for screeding or attachment of other work. Form to shapes as shown and cut as required for true line and level of P" work to be attached. Coordinate location with other work involved. B. Attach to substrates as required to support applied loading. Countersink bolts and nuts flush with surfaces, unless otherwise indicated. Build s*+ into masonry during installation of masonry work. Where possible, anchor y to formwork before concrete placement. C. Install permanent grounds of dressed, preservative treated, key -bevelled lumber not less than 1-1/2 inches (38 mm) wide and of thickness required to bring face of ground to exact thickness of finish material involved. Remove temporary grounds when no longer required. END OF SECTION 06100 an POR s*e a SWA Sob No. 01-018 406100 Stough Carpentry - 3 of 3 SECTION 07212 - ROOF INSULATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions_ to Bidders, General Conditions of the Agreement and k" Division -1 Specification sections, apply to this Section. r 1.3 QUALITY ASSURANCE A. The roof insulation work shall be done by a single firm so that there will be undivided responsibility for the specified performance of all component parts specified in Sections 02070, 07212, 07520, 07600 and 07900. B. All work shall be installed in strict accordance with themanufacturer's directions for the indicated conditions. C. All materials, work and systems shall be in accordance with the requirements of the roofing system manufacturer to permit the issuance of the ten (10) year guarantee specified in Section 07520 "Modified " Bitumen Roofing". D. Roofing insulation attachment shall meet the requirements of Factory Mutual I-90 standards. 1.4 SUBMITTALS A. Submit manufacturer's product specifications, installation instructions, layout and general recommendations for the roofing insulation products required. Include data substantiating that the materials comply with specified requirements, including evidence of required "R" values. Indicate that the Installer has received a copy of the manufacturers instructions. '! B. Submit a sample section of all required roof insulation materials. C. Submit manufacturer's product specifications for mechanical fasteners including installation instructions and data substantiating that the fastener meets the requirements of this section. Submit manufacturer's specifications for each type of fastener required for each type of structural deck substrate encountered. 1.5 STORAGE A. Store insulation materials on wood ;pallets above the ground in a a� ' SWA Job No. 01-018 07212 Roof Insulation - 1 of 4 1.2 DESCRIPTION OF WORK A. The extent of roof insulation work is specified herein. shown on the Drawings and B. The work includes the following: 1. Rigid polyisocyanurate insulation fully mopped to existing primed concrete roof deck. 2. Perlite recovery board insulation fully mopped to rigid insulation. 3. Tapered insulation boards and miscellaneous roofing materials. t.k C. Furnish all incidentals necessary for the work. the satisfactory completion of r 1.3 QUALITY ASSURANCE A. The roof insulation work shall be done by a single firm so that there will be undivided responsibility for the specified performance of all component parts specified in Sections 02070, 07212, 07520, 07600 and 07900. B. All work shall be installed in strict accordance with themanufacturer's directions for the indicated conditions. C. All materials, work and systems shall be in accordance with the requirements of the roofing system manufacturer to permit the issuance of the ten (10) year guarantee specified in Section 07520 "Modified " Bitumen Roofing". D. Roofing insulation attachment shall meet the requirements of Factory Mutual I-90 standards. 1.4 SUBMITTALS A. Submit manufacturer's product specifications, installation instructions, layout and general recommendations for the roofing insulation products required. Include data substantiating that the materials comply with specified requirements, including evidence of required "R" values. Indicate that the Installer has received a copy of the manufacturers instructions. '! B. Submit a sample section of all required roof insulation materials. C. Submit manufacturer's product specifications for mechanical fasteners including installation instructions and data substantiating that the fastener meets the requirements of this section. Submit manufacturer's specifications for each type of fastener required for each type of structural deck substrate encountered. 1.5 STORAGE A. Store insulation materials on wood ;pallets above the ground in a a� ' SWA Job No. 01-018 07212 Roof Insulation - 1 of 4 manner which will ensure that there is no possibility of significant moisture penetration into the materials. Store in a dry, well ventilated, weathertight place. he ed areas B. Do not store rofoselexcessiveals on stresston thefdeckkornstructuraltmembers. which will impo PART 2 - PRODUCTS 2.1 MANUFACTURERS A. AvailableManufacturers: ofSubject fo o compliance with requirements, provide products 1. Atlas Energy Products. 2. Celotex. 3. GAF. 4. Manville. 5. NGR Barriers. 6. Schuller. 2,2 MATERIALS A. Asphalt Primer shall conform to ASTM D-41. lly B. Bitumen shall be g withwtheasphalt urrentaeditionror latestarevisionroofing ASTM purposes complying III. specification D-312, Steep Grade, Type C. Polyisocyanurate-foam Board Insulation shall be rigid boards of to minimum 2.0-pcf density polyisocyanurate-based foam core, bo in 1 inch roofing felt facer sheets and complying ASTM minimum thickness or as indicated on the Drawings. Provide in manufacturer's standard sizes. D. Perlite Recovery Board (Insulation Overlay Board shall be rigid, noncombustible, perlite-fiber boards of C 3/4 inch thickness,vide integrally with skinned surfaces, complying standard sizes. E. Tapered Perlite Insulation shall be equal to ASTMsCo728ardPanels shall manufactured by Manville and complying withbe tapered with 1/4" rise in 12" run as indicated on Drawings. Minimum thickness shall be 3/4" inch. F. Fasteners shall be appropriate for purpose intended and approved by both Factory Mutual and insulation manufacturer in lengths required for thickness of material. Meet U.L. 90 Wind Uplift requirements. PART 3 - EXECUTION 3.1 INSTALLATION OF ROOF INSULATION A. All roof insulation work shall be done in strict accordance with the instructions, layout and recommendations of the manufacturer. project If printed instructions are not available or do not apply to theconditions, consult the manufacturer's technical representative for specific recommendations before proceeding with the work. B. Do not overload the uildingstructure with the storage of materials or use of equipment n the deck. C. Do not proceed with the installation of insulation unless the materials, equipment and tradesmen required for the installation of SWA Job No. 01-018 07212 Roof Insulation - 2 of 4 the roofing insulation and membrane over the insulation are on the project site and ready to follow with this work immediately (same day) behind the work. Do not install any more insulation each day than can be covered with waterproof membrane by the end of that working day. .w D. Prepare the substrate so that it is dry, clean, relatively smooth and otherwise satisfactorily prepared to receive the roof insulation „. board. E. Where indicated on the Drawings or required by field conditions, mechanically fasten rigid insulation board to the concrete deck in strict accordance with the manufacturer's instruction and recommendations. F. Install recovery board, fill insulation and tapered insulation in a full bed of hot asphalt in the areas and configurations shown on the Drawings to achieve the 1/4" inch per 12 inch slope. G. Apply insulation in a full bed of hot asphalt in the minimum rates to ensure solid bonding and in accordance with insulation manufacturer's instructions. Use no mechanical fasteners. H. At all multiple -layer applications, offset all joints of each layer a minimum of 6 inches from all joints of the preceding layer. I. Extend insulation full thickness over the entire surfaces to be insulated. Cut and fit tightly around obstructions, and fill voids with insulation. J. The long dimension of the insulation boards _shall generally run pow perpendicular to the roof slope and the short joints shall be staggered. K. Mopping asphalt shall be heated to between 375 degrees and 425 degrees F. at the point of application (mop bucket, mechanical mopper or felt layer). Asphalt shall not be heated above 525 degrees F. nor held above 500 degrees F. for more than 4 hours. L. Each board of insulation shall be walked into place and shall be physically checked by workmen for proper adhesion. M. The insulation shall be butted together with no gaps greater than 1/4 inch. Gaps greater than 1/4 inch shall be filled with the same material N. Form slight depressions at roof scuppers and roof drains with insulation approximately 1/2" less in thickness than for adjacent roof areas so that finished roofing will not be above adjoining areas. 0. The Contractor is cautioned that any insulation that becomes wet for any reason shall be rejected from the project site. The Contractor shall install temporary watercutoffs at the end of each day. Leakage at this point is the sole responsibility of the Contractor. Any .�, material that becomes wet shall be removed and discarded, and shall be replaced. Water cutoffs shall be removed when work is resumed. 3.2 CRICKETS A. Install premanufactured crickets or tapered insulation crickets as shown on Drawings. B. Adhere crickets to substrate in a full mopping of hot steep asphalt. C. Cricket material shall have a 1/2 inch per 12 inch slope. SWA Job No. '01-018 07212 Roof Insulation - 3 of 4 3.3 TEMPORARY WATER CUTOFFS A. The Contractor shall install temporary water cutoffs at the end of each day's work. B. The water cutoff shall consist of 1 ply of modified base ply installed in a mopping of hot asphalt extending onto the deck and insulation a minimum of 6 inches. C. When roofing work is resumed, the temporary water cutoff shall be removed cleanly from the insulation (top surface and vertical joint) and from the deck to ensure tight insulation joints and level insulation surfaces. D. Any in-place roof which becomes wet from the Contractor's failure to install a temporary water cutoff or a faulty temporary water cutoff installation shall be removed and replaced by the Contractor as directed by the Architect at no additional cost to the Owner. 3.4 CLEANING A. At completion of work under this Section, all rubbish accumulated by these operations shall be removed from the site. END OF SECTION 07212 SWA Job No. 01-018 07212 Roof Insulation - 4 of 4 SECTION 07520 - MODIFIED BITUMEN ROOFING �., PART 1 - GENERAL p. 1.1 RELATED DOCUMENTS A. The Drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division -1 Specification Sections, apply to this Section. " 1.2 SUMMARY OF WORK A. The extent of modified bitumen roofing work is shown on the Drawings and specified herein. B. This Section includes the following: 1. Modified bitumen roofing system with mineral granule surfacing. 2. Roofing asphalt. 3. Associated flashing materials. 4. Miscellaneous items specified in this section. C. Related Sections: The following sections contain requirements that relate to this Section: 1. Section 02070 Roofing Demolition for removal of existing roof. 2. Section 06100 Rough Carpentry for treated wood members. 3. Section 07212 Roof Insulation for insulation system. 4. Section 07600 Flashing and Sheet Metal for metal gravel guards and ., counter flashings. 5. Section 07900 Caulking And Sealants. 1.3 QUALITY ASSURANCE A. Manufacturer Qualifications: Obtain primary products, including each type of roofing sheet, bitumen, membrane flashings, and vapor retarder (if any), from a single manufacturer. Provide secondary products as recommended by manufacturer of primary products for use with roofing system specified. B. Installer Qualifications: Engage an experienced Installer (Roofer) who has a u nisun of Five Years experience to perform the Work of this Section, who has specialized in installing roofing to that required for this Project and who is certified by the modified bituminous sheet roofing system manufacturer as qualified to install manufacturer's roofing materials. 1. Provide copy of certification to Architect before award of roofing work. 2. Installer's Field Supervision: Require Installer to maintain a full-time supervisor/foreman on job site during times that modified bituminous sheet roofing work is in progress and who is experienced a.+in installation of roofing systems similar to type and scope required for this Project. C. All work shall be installed in strict accordance with the manufacturer's directions for the indicated conditions. 1.4 REGULATORY REQUIREMENTS A. Provide Underwriters Laboratories, Inc. (UL) Class A Fire Hazard r Classification. SWA Job No. 01-01B 07520 Modified Bitumen Roofing 1 of 7 B. Provide Underwriters Laboratories, Inc. 90 Wind Uplift Rating. 1.5 ROOFING SYSTEM PERFORMANCE REQUIREMENTS A. Roofing Systems shall be equal to GAF Materials Corporation modified bitumen system, RUBEROIDO MOP FR with RUBEROID® 20 base sheet equal to specification number I-0-2-20/MGPFR. B. The following roofing systems are approved for the work of this section provided that all other conditions of this Section 07520, including the system warranty and membrane warranty specified in other portions of this Specification, are met and warranties issued: 1. Tamko system with Awaplan Premium FR membrane. 2. Manville system with DynaKap FR membrane. 3. Nord Bitumi system with Nord Flex FR membrane. 4. Performance Building Products system with Permax B -FR membrane. 5. Schuller system with GlasPly Premier membrane. 6. Siplast, Inc. system with Premium grade membrane. 7. The reinforcing mat in the modified bitumen membrane shall be partially or wholly constructed of polyester and shall weigh a minimum of 250 grams per square meter. 1.6 SUBMITTALS: A. Submit manufacturer's technical product data, installation instructions and recommendations for each type of roofing product required. Include data substantiating that materials comply with requirements. B. Submit manufacturer's certification indicating that bulk bituminous materials delivered to the project comply with the required standards. 1.7 WARRANTY A. Manufacturer's Warranty: At the completion of the project and prior to final payment, the Contractor shall furnish three (3) copies of the manufacturer's unlimited ten (10) year NDL warrantee covering materials and workmanship for the roofing and base flashing systems, equal to that issued by GAF Material Corporation. Warranty shall cover leaks which result from either material or workmanship defects, shall not be subject to a deductible, and shall not be prorated. Warranty coverage shall include repairs to the roofing system to a water tight condition. 1. Not required for roof number 07 Montelongo Swimming Pool. B. Installer Warranty: Submit two (2) executed copies of standard two-year workmanship warranty which will include all roofing membrane, membrane flashing, roof insulation, flashings and roofing accessories. 1.8 DELIVERY, STORAGE, AND HANDLING A. Store and handle roofing sheets in a dry, well -ventilated, weatherproof place to ensure no possibility of significant moisture pickup. Store rolls of felt and other sheet materials on end on pallets or other raised surface. B. Do not leave unused felts and other sheet materials on the roof overnight or when roofing work is not in progress unless protected from weather or other moisture sources. C. Handle and store materials or equipment in a manner to avoid significant or permanent deflection of deck. 1.9 PROJECT CONDITIONS SWA Job No. 01-018 07520 Modified Bitumen Roofing 2 of 7 A. Weather Condition Limitations: Proceed with roofing work only when existing and forecasted weather conditions will permit unit of Work to be installed in accordance with manufacturers' recommendations and warranty requirements. 1.10 SEQUENCING AND SCHEDULING A. Sequence installation of modified bituminous sheet roofing with related units of Work specified in other Sections to ensure that roof assemblies, including roof accessories, flashing, trim, and joint sealers, are protected against damage from effects of weather, corrosion, and adjacent construction activity. PART 2 - PRODUCTS 2.1 MATERIALS A. All materials shall be acceptable to the manufacturer of the roofing system installed. B. Provide roofing materials which comply with the following general standards or as recommended by the roofing system manufacturer. C. Roofing System Materials: 1. Bitumen shall be airblown asphalt manufactured especially for roofing purposes complying with the current edition or latest revision of ASTM Specification D 312-89, Steep Grade, Type III. 2. Modified Cap Sheet shall be equal to GAF RUBEROIDS MOP FR granule surfaced modified bitumen membrane, color shall be white. 3. Modified Base Sheet shall be equal to GAF RUBEROIDS 20. 4. Torch Applied Flashing Ply shall be equal to RUBEROID® SBS HEAT -WELD Plus FR granule surfaced modified bitumen membrane, color shall be white. 5. Ply 4 Base Sheet shall be equal to GAF GAFGLAS® PLY 4 6. #75 Base Sheet shall be equal to GAF GAFGLAS® #75 BASE SHEET D. Miscellaneous Materials: 1. Plastic Cement: v - a. Equal to, Matrix"" System Pro SBS Cement 201, ASTM D-4586, Asbestos -free, Type I. ` b. Equal to, Matrix'" System Pro SBS Flashing Cement 202, ASTM D- �' 4586, Asbestos -free, Type I. c. Equal to, Matrix"' Standard Plastic Roof Cement 203, ASTM D- 4586,Asbestos-free, Type I. d. Equal to, Standard Wet/Dry Roof Cement 204, ASTM D- �"' 4586,Asbestos-free, Type I. 2. Asphalt Primer: a. Equal to, Matrix'"4 Standard Asphalt Primer 307, ASTM D 41. 3. Fasteners, where required, shall be galvanized or non-ferrous type, SWA Job No. 01-41$ 07520 Modified Bitumen Roofing 3 of 7 t. size and design as required to suit application. 4. Preformed Cant shall be 4" x 4" with 45 degree angle molded asphalt ^ impregnated organic fiber or fire resistant perlite.. 5. Lead flashing, if any, shall be sheet lead weighting not less that 4 pounds per square foot. 6. Preformed penetration seals (curbs), if any, shall be equal to M - Curb System by Building Materials Corporation of America. a. Provide standard curbs (color black)to fit job conditions or as indicated on the Drawings. b. Provide two part urethane pourable sealant as recommended by seals manufacturer. 7. Expansion joint covers, if any, shall be equal to Metalastic® EJC by Building Materials Corporation of America, sizes to meet the conditions required. 8. Termination Bars, if any, shall be 3/16" x 1 1/2" minimum aluminum bar, with predrilled holes for fasteners at 8" o.c. and 1" from ends. 9. Pipe and Conduit Supports, if any, shall be equal to Miro Pipe Stands Model 02 (6" minimum height) spaced 10'-0" o.c. maximum. 10. Provide all additional materials required by the roofing system manufacturer to allow the issuance of the Ten (10) Year NDL Roofing System Guarantee. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify roof deck is dry, sound, clean and smooth, free of depressions, waves, or projections, properly sloped to drains. B. Examine substrate surfaces to receive modified bitumen sheet roofing system and associated work and conditions under which roofing will be installed. Do not proceed with roofing until unsatisfactory conditions have been corrected in a manner acceptable to Installer. 3.2 GENERAL INSTALLATION REQUIREMENTS A. All modified bitumen roofing materials and construction shall be done in strict accordance with the manufacturer's instructions and recommendations. If printed instructions are not obtainable or do not apply to the project conditions, consult the manufacturer's technical representative for specific recommendations before proceeding with the work. 3.3 SUBSTRATE PREPARATION A. Before ply application is started, prepare surface by removing trash, debris, grease, oil, water moisture and contaminates affecting bond of asphalt to surface. B. Verify that surfaces are dry per respective manufacturer's or applicator's published instructions. C. Prepare other surfaces according to respective manufacturer's of applicator's published instructions. sWA Job No. 01-018 07520 Modified Bitumen Roofing 4 of 7 D. Use cleaning materials necessary to render an acceptable surface. E. Use compatible materials on voids and joints so finished deck surface will be even and smooth. F. Protect adjacent areas with tarpaulin or other durable materials. G. Prepare properly for flashing and secure in position any projection through the roof deck. Install new metal flashings, fascias, gravel guards and other items as required. Ensure roof drains, etc., are at proper height to permit water to drain properly without ponded water. H. Inspect all parapet walls, roof edges, etc. prior to application of roofing to make sure that proper provisions have been made to install metal roof edges, etc. rs, I. Do not apply roofing if damp weather is imminent or if any other conditions exist that will not permit proper applications. Do not apply roofing when moisture is present in the deck. 3.4 WORKMANSHIP A. Protect any lifting point on the roof or deck where roofing materials are transferred from one container to another with two sheets of 4' x 8' x 5/8" plywood laid with long edges together covered with base sheet overlapping all sides four feet and up and over the parapet. B. Repair any 'damaged areas of base sheet by applying a patch with mopping of hot asphalt overlapping the damaged area 12" on each side. e-� C. Furnish a thermometer for checking temperature of asphalt in the kettle and at the point of application to the roof deck. D. Asphalt heating and application shall be in accordance with ASTM D312. Type III Steep Asphalt and Type IV Special Steep Asphalt shall not be heated above 525 degrees F. nor held above 500 degrees F. for more than 4 hours and shall be applied at temperatures between 375 degrees F. and 425 degrees F. unless specifically instructed otherwise by the roofing system manufacturer. r, E. Provide temporary water cut-offs at the end of each day's work. Remove �^ temporary water cut-offs cleanly when work is resumed. 3.5 MEMBRANE ROOF INSTALLATION A. Membrane Over Insulated Deck 1. Starting at the low point of the roof, embed one ply of modified base sheet, equal to RUBEROIDO 20, with minimum of 2" side laps and a minimum of 4" end laps into a full mopping of hot, steep asphalt at a minimum rate of 23 pounds per 100 square feet. Broom to obtain embedment of the base sheet. o• 2. Starting at the low point of the roof, solidly adhere one ply of membrane, equal to RUBEROID® MOP FR, by mop applying with minimum 4" side laps and minimum 6" end laps. All laps shall be checked and sealed while the modified bitumen is still in a semi -fluid state from roll application. A minimum of 1/4" flow of asphalt must extend beyond all edges. Asphalt application rate shall be a minimum of 30 pounds per 100 square feet. Asphalt temperature shall be not less than 400 degrees F at point of application. Do not mop more than 4 feet in front of roll. Remove factory splices of modified asphalt sheet materials prior to installation or cover factory splices in the field with a 12" width of modified asphalt ass SWA Job No. 01-018 07520 Modified Bitumen Roofing 5 of 7 sheet material set in hot asphalt. 3. Apply membrane without wrinkles or tears, free from air pockets. 4. Extend membrane up cant strips and a minimum of 2 inches onto vertical surfaces. 5. At the end of each day install water cut-off consisting of one ply of coated base sheet installed in mopping of asphalt extending onto the deck a minimum of 6 inches. Cover all exposed edges of insulation. Completely remove cut-off before resuming roofing. 6. Seal membrane around roof penetrations. 3.6 FLASHINGS A. All base and parapet flashings shall be mop applied material and system. B. Apply membrane base flashings to seal membrane to vertical elements. Extend a minimum of 6 inches onto field of roof surface and a minimum of 8 inches up vertical surface being flashed. Secure top edge at 8 inches on center. C. Apply modified bitumen parapet flashing in strict accordance with the manufacturer's written requirements and recommendations. D. At roof drains, terminate courses of membrane and hot bitumen at edges of drain. Trim surface of insulation of deck where necessary so that roofing is flush with ring of drain. E. Set metal flanges and preformed penetration seals (curbs) as recommended by the roofing materials manufacturer. F. Extend lead flashing down into vent stacks. G. See Section 07600 for miscellaneous sheet metal accessory items to be installed in the work. 3.7 WALKWAY PADS A. Provide walkway pads at each service side of all roof top mechanical units, and at other locations required by the Roofing System Manufacturer. B. Adhere pads to the modified bitumen membrane in a full mopping of hot asphalt. 3.8 PIPE AND CONDUIT SUPPORTS A. Provide support stands for all gas piping and electric conduit. Install in accordance with instructions of the Roofing System Manufacturer. 3.9 CLEANING A. At completion of work under this section, all rubbish accumulated by these operations shall be removed from the site. B. Remove all stains of every nature from all surfaces stained by the roofing operations. If stains cannot be removed, the affected areas shall be replaced with new material matching the existing material. C. Remove all equipment, tools and excess materials from site. 3.10 PROTECTION SWA Job No. 01-018 07520 Modified Bitumen Roofing 6 of 7 e+� A. Protect building surfaces against damage from roofing work. B. Where traffic must continue over finished roof membrane, protect surfaces from damage. END OF SECTION 07520 �,. ZjWA J,00 NO. U1-Ulb 07520 Modified Bitumen Roofing 7 of 7 SECTION 07600 - FLASHING AND SHEET METAL PART 1 - GENERAL 1.1 RELATED DOCUMENTS s -s A. The Drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division -1 Specification Sections, apply to this Section. " 1.2 SUMMARY A. This Section includes the following: 1. Metal gravel guard. 2. Metal soffit panels. 3. Miscellaneous sheet metal accessories. B. Provide all nails and any other items necessary for the satisfactory completion of the work. Integrate this work with roofing work to provide a watertight installation. C. Roofing accessories which are installed integral with roofing membrane are in Section 07520. m., 1.3 QUALITY ASSURANCE A. The flashing and sheet metal work shall be done by a single firm specializing in the types of roofing required so that there will be �-+ undivided responsibility for the specified performance of all component parts specified in sections, 07212, 07520, 07600, and 07900. B. All work shall be installed in strict accordance with the manufacturer's directions for the indicated conditions. 1.4 SUBMITTALS A. Submit manufacturer's product specifications, installation instructions and general recommendations for each type of product required. Include data substantiating that materials comply with requirements. B. Submit shop drawings of each item specified showinglayout, y out profiles, methods of joining and anchorage. C. Submit samples of sheet metal for approval. f: 1. 8 inch square samples for color selections. 2. 12 inch long, full size, samples of shop fabricated gravel guards. 3. Miscellaneous sheet metal accessories as requested by Architect. PART 2 - PRODUCTS 2.1 MATERIALS A. Metal gravel guards shall be fabricated from 24 gauge galvanized sheet steel with a premium fluorocarbon coating produced with polyvinylidene +^+ fluoride resin, equal to Kynar 500. Provide 20 year limited paint warranty. 1. Provide matching factory produced outside and inside corners as required by roof conditions. 2. Provide gravel guards in 10'-0" minimum lengths. 3. Color as selected by Architect from full range of manufacturer's SWA Job No. 01-018 07-600 Flashing And Sheet Meatal - 1 of 3 standard colors. B. Metal soffit panels shall be equal to MBCI FlexLoc®. 1. System Profile: 8 1/2" wide. 2. Metal Gauge: 24 gauge. 3. Substrate: Galvalume steel sheet, 0.5 ounces/square foot 4. Texture: Smooth 5. Finish: Premium fluorocarbon coating produced with kynar 500 or Hylar resin (20 year warranty). 6. Color: To match metal gravel guard 7. Provide matching factory produced accessories as indicated on drawings or required by existing conditions. C. Surface mounted reglets, if any, shall be standard 24 gauge galvanized - metal units, equal to, Springlock Flashing System Type "P" Vinylok - Surface Mounted Flashing Retainer as manufactured by Fry Reglet Corporation. 1. Provide 26 gauge Type SM counterflashing where indicated. 2. Provide matching factory produced outside and inside corners as required by roof conditions. D. Nails and fastening devices shall match metal finish. E. Plastic cement shall be equal to Federal Specification SS -C-153, Type 1. F. Felt Underlayment: ASTM D 266, 15-1b type. G. Lead flashing shall be sheet lead weighting not less than 4 pounds per square foot. 2.2 FABRICATION A. Form sheet metal on a bending brake. Do all shaping, trimming and hand seaming on the bench with proper sheet metal working tools. B. Make angle bends and folds for interlocking the metal with full regard for expansion and contraction to avoid buckling or fullness in the metal after it is installed. C. Set metal already partly formed in place and fasten to structure by means of cleats. D. Fabricate supplementary parts necessary to complete each item. E. Form materials to shape indicated with straight lines, sharp angles and smooth curves. F. Set sheet metal items level, true to a line, plumb unless otherwise shown or indicated. G. Hem all edges of sheet metal work a minimum of 1/2" so no raw edges of metal will be exposed. PART 3 - EXECUTION 3.1 PREPARATION A. Examine all surfaces that are to receive flashing and sheet metal work before starting installation. Surfaces shall be smooth, firm, dry and free from dirt and foreign materials. Correct defects that would prevent proper installation of sheet metal. Drive all nails flush with surface. SWA Job No. 01-018 07600 Flashing And Sheet Meatal - 2 of 3 ' B. Keep work clean at all times and free of debris. C. Proceeding with work shall be construed as evidence that surfaces to " receive flashing and sheet metal are satisfactory. e D. Verify all dimensions and take all measurements necessary at the site before fabrication of new sheet metal items to ensure proper fit in the construction. 3.2 INSTALLATION A. Installation shall be in strict accordance with the instructions and recommendations of the Roofing System Manufacturer and SMACNA. B. All sheet metal shall be fabricated and installed to provide water and weathertight construction, set plumb, square and true in every respect. Sheet metal shall be set with lines and align sharp and true; plain surfaces shall be free of waves and buckles. Joints and seams in plain surfaces shall be avoided where possible. C. Sheet metal work in connection with membrane roofing shall be set in place after the membrane is in place and bedded as recommended by the r" roofing system manufacturer. D. Where sheet metal is in contact with other metal of different composition, the two metals shall be separated by a layer of felt set in a heavy coating of plastic cement. E. All other flashing shown or required for waterproof installation shall be provided and installed in accordance with good practice for permanence and appearance. E. Extend lead flashing down into vent stacks. "^ 3.4 CLEAN-UP A. Remove excess plastic cement, sealant materials and smears from adjacent surfaces and working surfaces as work progresses. B. On completion of work, recheck for spillage or droppings of plastic cement or asphalt products. Remove with a cleaning agent approved by the r� Architect. C. Remove all debris resulting from these operations from the site. END OF SECTION 07600 oFft SWA Job No. 01-018 07600 Flashing And Sheet Meatal - 3 of 3 SECTION 07900 - CAULKING AND SEALANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The Drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division -1 Specifications Sections, apply to this Section. 1.2 DESCRIPTION OF WORK A. Perform all work required to complete the joint packing or filler, priming, caulking and sealing indicated by the Drawings and specified herein, including sealant at door frames in exterior masonry walls. B. Furnish all supplementary items necessary to complete weatherproof the building in those areas associated with the roofing and flashing work. 1.3 RELATED WORK A. Section 07520 Modified Bitumen Roofing sem+ B. Section 07600 Flashing and Sheet Metal 1.4 QUALITY ASSURANCE A. Sealant material manufactured by any of the following manufacturers is acceptable provided it complies with the requirements of this section. �**+ 1. Pecora Chemical Corporation 2. Sonneborn Building Products, Inc. 3. Products Research and Chemical Corporation 4. Tremco Manufacturing company 5. W. R. Grace and Company 6. General Electric Company 7. Mameco International, Inc. 8. Gibson -Homans Company 1.5 DELIVERY AND STORAGE A. Deliver materials in unopened containers as packaged by the manufacturer. Store in a manner to protect materials from the weather. 1.6 SUBMITTALS A. Submit manufacturers published data for sealants. Show each color available. Color selection for each sealant shall be by the Architect. B. When requested by the Architect, submit samples of cured sealants and a 61' long sample of each type of joint backup if required. PART 2 - PRODUCTS 2.1 MATERIALS A. Sealant at applications other than in contact with modified bitumen roofing membrane shall be equal to Vulkem 116 polyurethane sealant as �s manufactured by Mameco International, Inc. of Cleveland, Ohio. B. Sealant at applications coming in contact with modified bitumen roofing shall be equal to Black Jack #1010 Neoprene Flashing Cement as manufactured by the Gibson -Homans Company of Twinsburg, Ohio, or as recommended by the roofing systems manufacturer. F SWA Job No. 01-018 07900 Caulking and Sealants 1 of 3 C. Caulking Compound: One part acrylic latex caulk for general purpose interior caulking capable of being painted with latex or oil base paints. D. General Purpose Sealant: Equal to Vulkem 116 polyurethane sealant as manufactured by Mameco International, Inc. of Cleveland, Ohio. E. Traffic Grade Sealant: Equal to Vulkem 45 polyurethane joint sealant manufactured by Mameco. F. Backing Rods shall be closed cell polyethylene or open cell polyurethane as recommended by the sealant manufacturer for the application conditions encountered. G. Primer shall be as recommended by the manufacturer for each type of surface application. PART 3 EXECUTION 3.1 PREPARATION A. Examine all surfaces to receive sealant and report all conditions not acceptable. Installation shall be deemed as acceptance of the surface. B. Clean all surfaces and joints thoroughly, removing all foreign matter, dust, oil, grease, surface water, dirt, frost, old caulking material and previously applied paint or primer. C. Prime and prepare surfaces in strict accordance with sealant manufacturers written instructions and recommendations. D. Report unsatisfactory surfaces to the Architect. _ 3.2 APPLICATION OF SEALANTS A. Follow sealant manufacturers instructions regarding preparation, priming, application life and application procedure. B. Apply masking tape where required in continuous strips in alignment with joint edge. Remove tape immediately after joints have been sealed and tooled as directed. C. Apply sealant under pressure with gun having nozzle of proper size, or other appropriate means. Provide sufficient pressure to fill joints. D. Neatly point or tool sealant to provide proper contour. Use clean water - wet tool or tooling solution recommended by manufacturer when tooling white or light colored sealant. 3.3 APPLICATION OF CAULKING A. Caulk joints before final coat of paint is applied to adjacent surface. Apply caulking with a pressure gun having a nozzle of proper size to fit joint. Completely fill joint and firmly tool against backing to make a smooth, convex bed, and assure good adhesion. Caulking shall develop a firm skin before painting is allowed. 3.4 CLEANING A. Clean adjacent surfaces free of sealant excesses or smears. Use solvent or cleaning agent as recommended by sealant manufacturer. SWA Job No. 01-018 07900 Caulking and Sealants 2 of 3 raa B. Leave all finished work in a neat, clean condition. Remove all debris resulting from these operations from the site. D OF SECTION 07900 SWA Job No. 07900 Caulking and Sealants 3 of 3 w ' SECTION 09900 - PAINTING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. The drawings and general provisions of the Contract, including General Instructions to Bidders, General Conditions of the Agreement and Division -1 Specification sections, apply to this Section. 1.2 SUMMARY A. This Section includes surface preparation, painting, and finishing of new and existing exposed exterior items and surfaces. 1. Surface preparation, priming, and finish coats _specified in this Section are in addition to shop -priming and surface treatment specified under other Sections. B. The extent of painting work shall be coordinated with the drawings and as herein specified. The work shall generally consist of the following: 1. Surface preparation and painting of existing fascia, gravel guards, soffits, steel post, lights and related trim. 2. Painting shall not be required for any interior surfaces, items or R any exterior masonry walls. C. Paint exposed surfaces whether or not colors are designated in schedules, except where a surface or material is specifically indicated not to be painted or is to remain natural. Where an item or surface is not specifically mentioned, paint the same as similar'adjacent materials or surfaces. If color or finish is not designated, the Architect will select from standard colors or finishes available. 1. Painting includes field -painting 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. D. Painting is not required on new prefinished items, concealed surfaces, operating parts, and labels. 1. Labels: Do not paint over Underwriters Laboratories, Factory Mutual or other code -required labels or equipment name, identification, `" performance rating, or nomenclature plates. E. Related Sections: The following Sections contain requirements that relate to this Section: 1. Refer to Section 07900 for caulking and sealants. 1.3 SUBMITTALS A. General: Submit the following according to -Conditions of the Contract and Division 1 Specification Sections. rte* B. Product data for each paint system specified, including block fillers an primers. 1. Provide the manufacturer's technical information including label SWA Job No. 01-018 °09900 - Painting 1 of 7 analysis and instructions for handling, storage, and application of each material proposed for use. 2. List each material and cross-reference the specific coating, finish system, and application. Identify each material by the manufacturer's catalog number and general classification. 3. Certification by the manufacturer that products supplied comply with local regulations controlling use of volatile organic compounds (VOCs). C. Samples for initial color selection in the form of manufacturer's color charts. 1. After color selection, the Architect will furnish color chips for surfaces to be coated. D. Samples for Verification Purposes: Provide samples of each color and material to be applied, with texture to simulate actual conditions, on representative samples of the actual substrate. 1.4 QUALITY ASSURANCE A. Applicator Qualifications: Engage an experienced applicator who has completed painting system applications similar in material and extent to those indicated for the Project that have resulted in a construction record of successful in-service performance. B. Single -Source Responsibility: Provide primers and undercoat paint produced by the same manufacturer as the finish coats. C. Field Samples: On wall surfaces and other exterior and interior components, duplicate finishes of prepared samples. Provide full -coat finish samples on at least 100 sq. ft. of surface until required sheen, color, and texture are obtained; simulate finished lighting conditions for review of in-place work. 1. Final acceptance of colors will be from job -applied samples. 2. The Architect will select one room or surface to represent surfaces and conditions for each type of coating and substrate to be painted. Apply coatings in this room or surface according to the schedule or as specified. a. After finishes are accepted, this room or surface will be used to evaluate coating systems of a similar nature. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to the job site in the manufacturer's original, unopened packages and containers bearing manufacturer's name and label, and the following information: 1. Product name or title of material. 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. B. Store materials not in use in tightly covered containers in a well - ventilated area at a minimum ambient temperature of 45 deg F. Maintain containers used in storage in a clean condition, free of foreign materials and residue. SWA Job No. 01-018 09900 - Painting 2 of 7 0 rn 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. 1.6 JOB CONDITIONS �* A. Apply water-based paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 50 deg F and 90 deg F. B. Apply solvent -thinned paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 45 deg F and 95 deg F. 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 F deg 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 the manufacturer during application and drying periods. PART 2 - PRODUCTS 2.1 MANUFACTURERS.. A. Manufacturer: Subject to compliance with requirements, provide products of one of the following: 1. Coronado Paint Company. (CP). 2. The Glidden Company (Glidden). 3. Benjamin Moore and Co. (Moore). 4. Kelly -Moore Paint Co. (K -M). 5. PPG Industries, Pittsburgh Paints (PPG). 6. Pratt and Lambert (P & L). 7. The Sherwin-Williams Company (S -W). 8. Technical Coatings, Inc. (TCI). 2.2 PAINT MATERIALS, GENERAL A. Material Compatibility: Provide block fillers, primers, finish coat materials, and related materials that are compatible with one another and the substrates indicated under conditions of service and application, as demonstrated by the manufacturer based on testing and field experience. B. Material Quality: Provide the manufacturer's best -quality trade sale paint material of the various coating types specified. Paint material containers not displaying manufacturer's product identification will not be acceptable. 1. 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 the manufacturer's material data and certificates of performance for proposed substitutions. C. Colors: Provide color selections made by the Architect from the manufacturer's full range of standard colors. PART 3 - EXECUTION SWA Job No. 01-01.8 09900 - Painting 3 of 7 3.1 EXAMINATION A. Examine substrates and conditions under which painting will be performed for compliance with paint application requirements. Surfaces receiving paint must be thoroughly dry before paint is applied. 1. Do not begin to apply paint until unsatisfactory conditions have been corrected. 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. 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, or provide surface -applied protection prior to surface preparation and painting. Remove these items, if necessary, to completely paint the items and adjacent surfaces. Following completion of painting operations in each space or area, have items reinstalled by 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 prior to cleaning. 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 the manufacturer's instructions for each particular substrate condition and as specified. 1. Provide barrier coats over incompatible primers or remove and reprime. Notify Architect in writing about anticipated problems using the specified finish -coat material with substrates primed by others. 2. Cementitious Materials: Prepare concrete, concrete masonry block, cement plaster, and mineral -fiber -reinforced cement panel surfaces - to be painted. Remove efflorescence, chalk, dust, dirt, grease, oils, and release agents. Roughen, as required, to remove glaze. If hardeners or sealers have been used to improve curing, use mechanical methods of surface preparation. a. Use abrasive blast -cleaning methods if recommended by the paint manufacturer. b. Determine alkalinity and moisture content of surfaces by performing appropriate tests. If surfaces are sufficiently int to blister and burn, correct alkaline to cause the finish pa this condition before application. Do not paint surfaces where moisture content exceeds that permitted in manufacturer's printed directions. C. Clean concrete floors to be painted with a 5 percent solution of muriatic acid or other etching cleaner. Flush the floor with clean water to remove acid, neutralize with ammonia, rinse, allow to dry, and vacuum before painting. SWA Job No. 01-018 09900 - Painting 4 of 7 I N I 3. Ferrous Metals: Clean ungalvanized ferrous metal surfaces that have not been shop -coated; remove oil, grease, dirt, loose mill scale, and other foreign substances. Use solvent or mechanical cleaning methods that comply with recommendations of the Steel Structures Painting Council (SSPC)- a. Blast steel surfaces clean as recommended by the paint system manufacturer and according to requirements of SSPC specification SSPC-SP 10. b. Treat bare and sandblasted or pickled clean metal with a metal treatment wash coat before priming. C. Touch up bare areas and shop -applied prime coats that have been damaged. Wire -brush, clean with solvents recommended by the paint manufacturer, and touch up with the same primer as the shop coat. 4. Galvanized Surfaces: Clean galvanized surfaces with nonpetroleum- based solvents so that the surface is free of oil and surface contaminants. R I emove pretreatment from galvanized sheet metal fabricated from coil stock by mechanical methods. D. Materials Preparation: Carefully mix and prepare paint materials according to manufacturer's directions. 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. Remove film and, if necessary, strain material before using. 3. Use only thinners approved by the paint manufacturer and only within recommended limits. E. Tinting: Tint each undercoat a lighter shade to facilitate identification of each coat where 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 APPLICATION A. General: Apply paint according to manufacturer's directions. Use applicators and techniques best suited for substrate and type of material being applied. B. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film. 1. Paint colors, surface treatments, and finishes are indicated in the schedules. 2. provide finish coats that are compatible with primers used. 3. The number of coats and the film thickness required ar-e the same regardless of the application method. Do not apply succeeding coats until the previous coat has cured as recommended by the manufacturer. Sand between applications where sanding is required to produce a smooth even surface according to the manufacturer's directions. or other conditions 4. Apply additional coats if undercoats, stains, show through final coat of paint until paint film is of uniform finish, color, and appearance. Give special attention to ensure that surfaces, including edges, corners, crevices, welds, and SWA Jab No. 01-018 09900 - Painting 5 of 7 exposed fasteners, receive a dry film thickness equivalent to that of flat surfaces. S. 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. 6. 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. 7. Paint interior surfaces of ducts, where visible through registers or -� grilles, with a flat, nonspecular black paint. 8. Paint back sides of access panels and removable or hinged covers to match exposed surfaces. 9. Finish interior of wall and base cabinets and similar field -finished casework to match exterior. 10. Finish exterior doors on tops, bottoms, and side edges same as exterior faces. 11. Sand lightly between each succeeding enamel or varnish coat. 12. Omit primer on metal surfaces that have been shop -primed and touch- up painted. C. 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. Allow sufficient time between successive coats to permit proper drying. Do not recoat 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. D. Application Procedures: Apply paints and coatings by brush, roller, spray, or other applicators according to the manufacturer's directions. 1. Brushes: Use brushes best suited for the material applied. 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. E. Minimum Coating Thickness: Apply materials no thinner than the manufacturer's recommended spreading rate. Provide the total dry film thickness of the entire system as recommended by the manufacturer. F. Painting shall not be required for Mechanical or Electrical items. G. Block Fillers: Apply block fillers to concrete masonry block at a rate to ensure complete coverage with pores filled. H. 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. I. Stipple Enamel Finish: Roll and redistribute paint to an even and fine SWA Job No. 01-018 09900 - Painting 6 of 7 texture. Leave no evidence of rolling such as laps, irregularity in texture, skid marks, or other surface imperfections. J. Pigmented (Opaque) Finishes: . Completely cover 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. K. Completed Work: Match approved samples for color, texture, and coverage. Remove, refinish, or repaint work not complying with specified requirements. 3.4 CLEANING A. Cleanup: At the end of each work day, 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. 3.5 PROTECTION e*� 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 acceptable to 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. 3.6 EXTERIOR PAINT SCHEDULE A. General: Provide the following paint systems for the various substrates, as indicated. B. Ferrous Metal: 1. Flat Alkyd -Enamel Finish: Two finish coats over rust -inhibitive primer. a. Primer: PPG: 6-208 Speedhide Rust Inhibitive Steel Primer. b. First and Second Coats: PPG: 50-52 Speedhide Exterior Lo - Luster House Paint - Oil. C. Zinc -Coated Metal: 1. Flat Alkyd -Enamel Finish: Two finish coats over a galvanized metal primer. a. Primer: PPG: 90-709 Pitt -Tech One Pack Interior/Exterior Primer/Finish DTM Industrial Enamel. b. First and Second Coats: PPG: 6-282 Speedhide Oil Enamel. END OF SECTION 09900 MR SWA Job No. -01--018 099-00 - Painting 7 of 7