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HomeMy WebLinkAboutResolution - 4650 - Contract - Pharr Construction Inc - Coliseumm ADA Accessible Seating Platform - 10_20_1994Resolution No. 4650 October 20, 1994 Item #23 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 and all related documents by and between the City of Lubbock and Pharr Construction, Inc., to furnish and install all materials as bid for the Coliseum ADA Accessible Seating Platform, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 20th day of October 1994. ATTEST: Betty M. Jolifiso—nXii0ecretary APPROVED AS TO CONTENT: Victor Kilman, chasing Manager M Assistant City Attorney DGV:dp1G:lccdocs\Seating.Res aotobv 11, 1994 CITY OF LUBBOCK SPECIFICATIONS FOR COLISEUM ACCESSIBLE SEATING PLATFORMS BID #13059 "t 06(- 6y CITY OF LUBBOCK Lubbock, Texas Office of Purchasing City of Lubbock P.O. Box 2000 Lubbock, Texas 7J457 606-767-2167 PM MAILED TO VENDOR September 29,199,4. j 4 CLOSE DATE: October 6,1994 @ 2 P.M. Bid #13059 - COLISEUM ACCESSIBLE SEATING PLATFORMS n ADDENDUM # 1 l Please modify or amend Contract Documents as follows.: 1. Delete drawing sheet A-1COL dated September 12, 1994 and add the enclosed drawing Sheet A- 1COL dated revised September 22, 1994. 2. Delete, detail 3/A-2 and add the enclosed detail 3/A-2. 3. Delete detail 4/A-2 and add the attached detail 4/A-2. For additional information or clarification concerning this bid should be submitted m writing and directed to Ron Shuffield, Senior Buyer. YOU, Ron Shuffiel"/ Senior Buyer PLEASE RETURN ONE COPY WrM YOUR BID lye w. PPE - GtJARDRAlL ROLM EDGC5 AT TOP OF PLATE escut'CI�ON - r VA. STD. PPE 61VE TACK W8D TO PLATE 5"(5'XV4' -- BE T PLATE ve VW FLAT RIB--$ L.ATN WA. STEEL PLATE L rX2VrXV4- 0 24' O.C. 3/A-Z SCALE+ 3' - f-O' -- EPDXY FLL 3COO P51 CONCRETE r SLEEVE STUD Lt0 26GA. CORRUGATED NETAL DECK (Ob= GALVAMED FORM Wi 6X6 WL4XWL4 'WWF:T L 3-XSVrXVC CCW. I I AOCIESSIBLE ly WR ONE T'''G PLATFORMS ADDDOLIMe+D SEPTEWOM 22. 094 GUARDRAIL DETAIL Ira' 8TD. PIPE RAiL 20(W EDGES AT TOP OF PLATE 5rX8'XY4' BENT PLA-E PLASTER Vir FLAT RB L.AT4 — 16GA. PLATE EWSTiNG STEP—, sEALANT ----- 514M MATERIAL WWF 229A. C CRRL*ATED W : AL VIE= CDAM6 GALVANIZED FCQM WJ 6X6 WL4XWL4 WWF) ram' ' r� •� .�• � . •�, � . r� r�: L 3-X2Vrcy4' 0 24. O.C. %e L 3-X3VrXVO CONT. COUSL JMI AOCEB BlE BEATNG PLATFORMS ADDENDUM NL.M6ER C(l E BD a 13059 5WTEMBER 22.1994 4/A-2 PLASTER DETAIL @` STEPS WALE, 3- - r-o- CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: COLISEUM ACCESSIBLE SEATING PLATFORMS ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13059 PROJECT NUMBER: 9933.9211 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND S. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS II. SPECIAL CONDITIONS 12. NOTICE OF ACCEPTANCE r. ADVERTISEMENT FOR BIDS BID # 13059 Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 6th day of October,1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: COLISEUM ACCESSIBLE SEATING PLATFORMS After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and publicly read aloud. I The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a prebid conference on the 29th day of September, 1994, at 10:00 a.m., in the Personnel Conference Room 108, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 9:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting. i • • tcii�i W1 �� W A W O Ey w U r-• NOTICE TO BIDDERS BID #13059 Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg.,1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2 :00 o'clock p.m. on the 6th day 9f October,1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: COLISEUM ACCESSIBLE SEATING PLATFORMS After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 27th day of October. 1994, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior,as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Lubbock, Texas. Attention of each bidder is particularly called, to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. i 7 7 The City of Lubbock hereby notes all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a pre -bid conference on 29th day of Sentember,1994, at 10:00 o'clock a.m., in the Conference Room 108, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. C OF LUBBOCK RON SHUFFLE SENIOR BUYER GENERAL INSTRUCTIONS TO BIDDERS a+t GENERAL INSTRUCTIONS TO BIDDERS The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the COLISEUM ACCESSIBLE SEATING PLATFORMS. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to,examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (Ninety) consecutive calendar days from the date speed in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 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. k.l 8. GUARANTEES 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). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished 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. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder, (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the 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. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost G 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. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all uses where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the g 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. ` l 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. j P 16. INSURANCE 9 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 t l to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will t 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 insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations 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: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representativc. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or 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. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals 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. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the pricewritten in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) 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. �M f_ 1:�- t--- 1 BID PROPOSAL LUMP SUM PROPOSAL CONTRACT r P PLACE: Lubbock I DATE: October 6, 1994 1, PROJECT NUMBER: #13059 -COLISEUM ACCESSIBLE SEATING PLATFORMS r rTHE CITY OF LUBBOCK Proposal of Pharr Construction Co.. Inc. d/b/a Pharr & Company (hereinafter called Bidder) FTo the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation forbids for the construction of a COLISEUM ACCESSIBLE SEATING PLATFORMS Bid #13059 Project #9933.9211 ` having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordancewith the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. "MATERIALS: Thirty —Four Thousand One Hundred Fifteen & no/100--- $ 34,115.00 ( ) !^SERVICES: Fifty Thousand Six Hundred Twenty —One & no/100------($50,621.00 ) i TOTALBID: Eighty —Four Thousand Seven Hundred Thirty —Six & no/lM84,736.00 ) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) ,.e Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90(Ninety) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for 7completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. .. r I The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the rscheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for N/A Dollars (S ) or a Proposal Bond in the sum of 5% of total amount bid Dollars (S 5% ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the t Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be r returned to the undersigned upon demand. t Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Bidder acknowledges One addenda. Pharr Construction Co., Inc. d/b/a Pharr & Company Contracto BY. r John K. Pharr Vfee—President 7 (Seal if Bidder is a Corporation) A ST: r i Secre Jackie Miller P. F F F f LIST OF SUBCONTRACTORS I Minority Owned Yes No r1. _ 2. 3. r 4. 7. 10. J �l. T 7 n., 15 7 UNITED STATES FIDEL N ARANTY COMPANY (A St c o thy) BID BOND BOND NUMBER ................................. ................................................ KNOW ALL MEN BY THESE PRESENTS: THAT .........Pharr . ... Construction ... Co Inc ...... dba ... Pharr ... & .... Company .................................................................. .................. .. .. ..... ...... ...... . . ......... . ......... ...... ..... ... .. ............... . .... of Lubbock Texas ................................................................................. . .... ............................................................................................................................................................. as Principal and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto ...................................................................... . ............ ............... .............. ... at..Luu=X .................................................................................................................................................................... as Obligee, in the full and just sum of ........ FJVF...PJM?CE=..0F..AWU= ... BULBY .. . ...................... --------- (5% of Bid) .................................................................. ............................................................................................................................................................. . . Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal Is herewith submitting its proposal Coliseum Accessible Seating Platforms, Bid #13059 Project #9933 9211 THE CONDITION OF THIS OBLIGATION is such that'if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered .................10-6-94...... ......................... Pharr Construction Co., Inc. Cony . ...... ....... . ...................... a'00V .......... ............ ................................................................................. (BEAU /John K. Pharr, Vice -President UNITED STATES FIDELITY AND GUARANTY COMPANY . ............................. ............ StaCl Gross ttorne;in-fact i W. Contract I I (Revised) (1-74) I 931857 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY tk NO. 108673 U S F+G� SURAIC [WOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDEL.IIY AND GUARANTY COMPANY. a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Donal Boley, Steve Deal, Laura Espinoza and Staci Gross ofthe city of Wichita Falls , state of Texas its true and lawful Attorney(i}in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings requited or permitted in any scions or proceedings allowed by law. [a Witness Whereof. the said UNITED STATES FIDELrTY AND GUARANTY COMPANY has caused this instranxat to be sealed with its corporate cal. duly attested by the signatures of its Senior Via President and Assistant Secretary, this 5 th day of August , A.D. 19 94. Mao �' artae:rs t �g� �1M1 tac+s. STATE OF MARYLAND) UNITED STATES FIDELITY AND GUARANTY COMPANY (Signed) $y.../ ...... :. ......................... Senior Via President (Signed) By........ .�......... ... . ................. OAssistant secretary SS: 4 .� BALT[MORE CITY ) / V on this 5 th day of AugustaARANTY D. 19 9 4 , before the came Ro Senior Vice President ofthe UNITED STATES FID COMP Paul D J. Lamendola s , Assistant Secretary of said Company, with both of whom T ly acquainted, soh �rng me severally duly that they, the said Robert J . Lamendola and P Sims were or Vice President and the Assistant Secretary of the said UtvTTED STATES FIDELITY ANARAN IY CORikorlr rpootion described7iniffli executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed too f Attorney was suc that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names theret reas Senior Via PtQi and Assistant Secretary, respectively, of the Company. My Commission expires the llth dst p March A . 19 95 . ec 4 O NOTARY PUBLIC This Power of Attorney is granted under anahthority of the following Resolutions adopted by the Board of Directors of the UNTIED STATES FIDELITY AND GUARANTY COMPANY on Septetnb r 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, execrated, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these tesolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assisant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the suit= thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently rooked and, in any cam, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereot and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and scaled and attested to by the Secretary of the Company. 1. Paul D. Sims , an Assistant Secretary of the UNITED STATIS FIDF7M AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full fora and effect. L the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby aertify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof. I have hereunto set my hand and the seal M�A= AND GUARANTY COMPANY on this 6th day of October '1�� sysanaa............................................. ttl G Assistant Secretary lath No Text T UNITED STATES FID LITY ELi )y5� 0� .i. L UARANTY COMPANY (A Stock Corhpany) l I TEXAS STATUTORY PAYMENT BOND ` (Penalty of this bond must be 100% of Contract amount) i STATE OF TEXAS COUNTY OF LUBBOCK BOND NUMBER.. 18O12Q1OMKI. , .. , , ... KNOW ALL MEN BY THESE PRESENTS: That .... Pharr . Consf ructi on . Co-, ..Inc... dba . Pharr..&..Company ............................... . I . (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, a Corporate Surety authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter _ called the Surety), as Surety, are held and firmly bound unto .... City of Lubbock ........................................................................................................................ (hereinafter called the Obligee), in the penal sum of ...SEVENTY FOUR THOUSAND SEVEN HUNDRED 733ZRTY-SZX .ANR.HOl.1(10---------------.................................................... Dollars ($ 74, 736.00 , , , , , , , , , , , , , , ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the. 1Sth day of.. October. _ .. _ , 19.. 94 , a copy of which is hereto attached and made a part hereof, for Bid #13069-Coliseum Accessible Seating Platforms NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. 71' PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Revised Civil Statutes of Texas and all liabilities on this bond to all such claimants shall be determined in accordance R with the provisions thereof to the same extent as if it were copied at length herein. l I IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of ........ R .......13.t-h , October ............. 19 ...94 .................. BOND CHECK BEST RATING .14 LICENSED IN TEXAS R RTC iA /14A9U ov -). Pharr. Co�nsstructi Co., Inc. dba .Pha�ek) �».... .... ................ ................. (Sea) ohn K. harr, Vice -President ITED STATIO /FIDELITY AND GUARANTY COMPANY B... ..................... (Seal) StaCl Gross Attomey-in-fact ` - Contract 214 (Texas) (10-89) 931870 I I UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY NO. 108673 tk U S F+GY I I S I I A I I I KNOW ALL MEN BY THESE PRF.SEMS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Donal Boley, Steve Deal, Laura Espinoza and Staci Gross of the city of Wichita Falls , State of Texas ks true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, sal and acknowledge any and all bonds, undertakings, contacts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaanteeing bonds and undertakings required or permitted in any actions orpmcec&ngs allowed bylaw. In Witness Whereof, the said UNITED STATES FIDELTIY AND GUARANTY COMPANY has caused this instrument to be leaked with its corporate sal, duty attested by the signatures of its Senior Vice President and Assistant Secretary, this 5 th day of August , A.D. 19 94. II UNITED STATES FIDELITY AND GUARANTY COMPANY 1 (Signed) By...I/...... . . .. ........................ 0o�, �Q Senior Vice Pnesidenr. (Signed)B ....... .�..�.. ........................ ., Assistant Secretary STATE OF MARYLAND) SS: 4 BALTIMORE CITY ) ontws 5th day of August A.D.1994,before mePersonally came Robert J. Lamendola Senior Vice President of the UNITED STATES FIDEL T Y AND GUARANTY COMPANY and Paul D. Sims .Assistant Secretary of said Company, with both of wbom I am personally acquainted, who being by we severally duly swore, lard. that they, the said Robert J . Lamendo la and Paul D . Sims were respectively the Senior Vice President and the Assistant Secretary of the said UNITED STATES FIDE.TTY AND GUARANTY COMPANY, the corporation described in andwhich executed the foregoing Power of Attonyey; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such eotponu seal. that it was so affixed by order of the Board of Directors of said corporation. and that they signed their names thereto by like order as Senior Vice President and Assistant Secretary, respectively, of the Company. My Commission expires the llth dry in March "-A.D. 19 95 . (Signed) . �.4�1f!4. .�.:, .. A �p NOTARY PUBLIC 4Aan � This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24. 1992: l RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, eouttacts and other instruments relating to said business may be signed, executed. and acknowledged by persons or eaddes appointed as Attomey(a)win•Faia pursuant to a Power of Attorney issued in accordance with these resolutions Said P"et(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President• or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate selating thereto appointing Attomey(s)-in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, aid, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile sal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal :balk be valid and binding upon the Company with respect to any bond orundertakdng to which it is validly attached. RESOLVED. that Anon s rn-Fact shall have the power and authority, unless ey( }� p rsty, subsequently eevoked sad. in any wee, subject to the ulna and limitations of the Power of Attorney issued to them. to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, jand other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s) in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1. Paul D . Sims , an Assistant Secretary of the UNITED STATES EMELTIY AND GUARANTY COMPANY. do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24.1992 and that this Resolution is in full force and effect I. the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. Ira Testimony Whereof, l bave hereunto ad my hand and the seat MTATES FIDIS.TIY AND GUARANTY COMPANYon this 13thday or October •194 ............................................. r* tN Assistant secretary FS 3 (10-92) 0Le 1. A tL FF4, UNITED STATES FIDEL ARANTY COMPANY (A Stock ompany) A TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 1000/6 of Contract amount) STATE OF TEXAS COUNTY OF LUBBOCK BOND NUMBER ..28.0120.110Lla5R41 s, i KNOW ALL MEN BY THESE PRESENTS: 0 That .... RWr. Construction..C.o..,..Inc.... dba. Pharr..&. CiRmpan ............... . .. . .... ..... ..... ............................... ........................................................................................................................ (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, a Corporate Surety, authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto .... C#-Y.Of Lubbock ...................................... ........................................................................................................................ (hereinafter called the Obligee), in the penal sum of ... SEA=. FOUR. THOUSAND-SEVER.HUNDRED ..... THIRTY. -SIX, AND. NOI. I QP7=7--n Dollars A, ..................................................................... 74,736.00 ............................... for the payment of which sum well and truly to be made, bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13th ..... day of...October October .......... ig ... a copy of which is hereto attached and made a part ............ ........... hereof, for Bid #13069-Coliseum Accessible Seating Platforms NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Revised Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the provisions thereof 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 ...... 13t:h ............ day of .....October .......... . 19.34 ................... .......... ... 4 ... q Q_t Tpq.,,. dba ... .......... ll Pll� !;qr)stru ti ro Pharr (Pbarpaw ...... ............... (Seal) Xol�n' 'fiarr, Vigre4r"e, s-Me, n-t— ITED STATI*FIDELrry AND GUARANTY COMPANY BOND CHECK ? B Z- 7�' BEST RATING .. ..... ............ ................ (Seal) Stacii Gross Attorney -in -fact LICENSED IN TEXAS nATF "'blAq RY -2- contract 213 (Texas) (10-89) No Text F F w.� P_ CERTIFICATE OF INSURANCE ISSUE DATE (MMlDDlYY) -� 10/12/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Bol ey Featherston Insurance POLICIES BELIOWEND, P. 0. Drawer 10 COMPANIES AFFORDING COVERAGE Wichita Falls TX 76307 COMPANY A LETTER TRINITY UNIVERSAL INSURANCE CO j COMPANY B INSURED LETTER NORTHBROOK PROPERTY & CASUALTY II COMPANY C LETTER TEXAS WORK COMP INSURANCE FUND PHARR CONSTRUCTION COMPANY INC COMPANY D ' DBA PHARR AND COMPANY LETTER f P 0 BOX 2791 COMPANY E I LUBBOCK TX 79408 LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMlDDIYY) DATE (MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE t2v 004v 0O0 A X COMMERCIAL GENERAL LIABILITY TXP9827710 08/ 15/94 1 1 /01 /94 PRODUCTS-COMPIOP AGG. s2,000,000 CLAIMS MADE X OCCUR. PERSONAL 3 ADV. INJURY 31, 000, 000 A X OWNER'S a CONTRACTOR'S PROT. BINDER* 10/ 12/94 10/ 12/95 EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE (Any one lire) $50, 000 MED. EXPENSE (Any one person) s5, 000 AUTOMOBILE LIABILITY COMBINED SINGLE s1, A X ANY AUTO TCA9827711 08/ 15/94 11 /01 /94 LIMIT 0009000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY _ X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ I10001000. I A X UMBRELLA FORM U09827712 O8/ 15/94 11 /01 /94 AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS C TSF114395 11 /01 /93 11 /01 /94 EACH ACCIDENT S500, 000 AND DISEASE —POLICY LIMIT $500v 000 EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ j007 000 OTHER B BUILDERS RISK 72327572 08/ 15/94 11 /01 /94 750, 000 JOB REPORTING FORM 19,500P000 OCCUR DES g�e(ul _IPA IP 1 1 ffS1jW6NSd LI ffK L6 URRENCE/$500 000 GENERAL AGGREGATE CITY OF OF LUBBOCK IS NAMED AS ADDITIONAL INURED ON GENERAL LIABILITY, AUTO LIABILITY AND BUILDERS RISK POLICIES. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF LUBBOCK MAIL -3-0— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P 0 BOX 2000 LUBBOCK TX 79457 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS A TS O REPRESENTATIVES. AUTHORIZED REPRESENTATIVE BOLEY FEATHER A ACORD 25-S (71901 CACORD CORPORATION 1990 7 71. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or i7providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512/440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: {� (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ r i. �_ _ _. L >_ __ i _, �.�s 4 .�, _, �. _u.., L �_. l _t___ i L_.�... ��_--..J. Jl. ___, �__._ L.� .. � �_.._. � l.. __.. �, r .., �-s_. _ 0 CONTRACT STATE OF TEXAS 71 COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 33th day of October 1994, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and PHARR CONSTRUCTION CO., INC. of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter termed CONTRACTOR WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby PM agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 913059 - COLISEUM ACCESSIBLE SEATING PLATFORMS FOR $74,736.00 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 7 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. r The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the Fyear and day first above written. ATTEST: r Secretary APPROVED AS TO CONTENT: l APPROVED '• • O6/ • ATTEST: n Corporate Secretary l CONTRACTOR: PHARR NSTRUC INC. By: TITLE: Y 2 COMPLETE ADDRESS: P.O. Boa 2791 Lubbock, Texas 79408 GENERAL CONDITIONS OF THE AGREEMENT II E ! GENERAL CONDITIONS OF THE AGREEMENT F1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR 4 Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: PHARR CONSTRUCTION CO., INC. who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to FREDDY CHAVEZ, OPERATIONSIENGINEERTNG SUPERINTENDENT, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's rRepresentative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. ` 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if require), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. S. INTERPRETATION OF PHRASES r' 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 Fimport 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 arty 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 him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor _ miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND.GRADES All lines and grades shall be furnished by the Owner's Representative whenever 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 his 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 him, his Subcontractors, or his 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 shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is r• done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance & required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary,assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the 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 effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, 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. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable 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 work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give 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 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 Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's 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. �4 r i If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owners 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 approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. �* 22. DEFECTS AND THEIR REMEDIES 1 It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated. as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease.. the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change:, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractors proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owners Representative when presented with a written work order signed by the Owners Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on -- account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these 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 1001/a, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall — cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall 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). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. , DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract _ documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order X 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 his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owrier's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 29. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering �.. the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500.000 Combined Single Limit in the aggregate and per occurrence to include: r. Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) 1 " The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, $500.000 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 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (1000/oof potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $1,000,000 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 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 0406.096) - 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. P 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. S. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify overage 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 filingof an coverage agreements, which meets the statutory y g gr ry requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the overage period shown on the current certificate of overage ends during the duration of the project; (e) retain all required certificates of overage on file for the duration of the project and for one year l thereafter, l� t (fj 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 (1) (7), 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 workers's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, _ with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. • , (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractoes current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 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 and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employe" "Call the Texas Workers' Compensation Commission at 5121440-3789 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 (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 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 priviliges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY. EQUIPMENT AND SUPPLIES - The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, _ power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, 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. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' r' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligation., to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of S 100.00 (One Hundred) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic t- change 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 of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. r•. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. I € 35. TBAE AND ORDER OF COMPLETION It is the meaningand intent of this contra unless otherwise herein contract, specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the +" work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing r+ f i work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36.: EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an r extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. 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 judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 7* 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS r" 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 r— 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 which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS ,.R On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial j payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for 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; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less S% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion„ and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay, a reasonable and equitable portion of the retained percentage due Contractor. 43. ANAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT row Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. r r 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. ' PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that r each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY !" QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. *.. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The r award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. r. 50. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, r 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 r' 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 his Surety shall pay the amount of such excess to ..R the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In rase of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the r.► cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from'such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release arty machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 51. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 52. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vemon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas." And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 53. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 54. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 55. INDEPENDENT CONTRACTOR _. Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative r 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. 56. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. or CURRENT WAGE DETERMINATIONS r Fn . c. DGV:da RPM IITTnm Resolution #2502 January 8, 1987 Agenda Item #18 WHEREAS,, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works ..contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: - Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the,general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. Ranettd\Boyd, City Secretary APPROVED T OI�TENT: Bi 1 Pyne, D rector of Building Services Ze.� G� B.C. McMINN, MAYOR APPROVED AS TO FORM: Do Id G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate _ Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 — Air Conditioner Installer -Helper 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 _ Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 Electrician - 10.50 Electrician -Helper 5.25 Equipment Operator - -- Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier _ 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 ' Mortar Mixer 5.60 Painter 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 .Welder - Certified _ 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator Roller Scraper Tractor Truck Driver - Light Heavy Dourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate ' The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rites Weekend and Holiday Rate The rate for weekend and holiday is.l 1/2 times base rate. ri SPECIFICATIONS r c r r 369194 COL CUTTING, PATCHING AND ALTERATIONS PROCEDURES Section 01.031 Page 1 PART 1 GENERAL �-• 1.01 RELATED DOCUMENTS A. The general provisions of the Contract, including General Conditions and General Requirements (Division 1), apply to the work specified in this section. 1.02 DESCRIPTION OF REQUIREMENTS A. Definition: "Cutting and patching" includes cutting into existing construction to provide for the installation or performance of other work and subsequent filling and patching required to restore surfaces to their original condition. 1. "Cutting and patching" shall be performed for coordination of the work, to uncover work for access or inspection, to obtain samples for testing, to permit alterations to be performed or for other similar purposes. 2. Cutting and patching performed during the manufacture of products, or during the initial fabrication, erection or installation process is not considered to be "cutting and patching" under this definition. Drilling of holes to install fasteners and similar operations are also not considered to be "cutting and patching.' 3. "Demolition" is recognized as a related -but -separate category of work which may or may not require cutting and patching as defined in this section; refer to "Minor Demolition for Remodeling' section 02.072. - B. Contractor shall be responsible for all cutting, fitting and patching, required to complete the Work or to: 1. Make its several parts fit together properly. 2. Uncover portions of the Work to provide for installation of ill-timed work. 3. Remove and replace defective work. 4. Join new work to existing work in place. 5. Provide routine penetrations of non-structural surfaces for installation piping and electrical conduit. C. In addition to Contract requirements, upon written instructions of A/E: 1. Uncover work to provide for A/E's or Owner's Representative's observation of covered work. 2. Remove samples of installed Work as specified for testing. t D. Refer to other sections of these Specifications for specific cutting and patching requirements and limitations applicable to individual units of work. Unless otherwise specified, requirements of this section apply to mechanical and electrical work. r l f 369/94 COL CUTTING, PATCHING AND ALTERATIONS PROCEDURES Section 01.031 Page 2 E. Alterations procedures: The procedures and administrative requirements of this section apply to all sections of the Specifications which are involved in alterations to existing construction: 1. Extent notes: Cut into or partially remove portions of existing building (as necessary) to make way for new construction. Include such work as: a. Cutting, moving or removal of items shown to be cut, moved or removed. b. Cutting, moving or removal of items not shown to be cut, moved, or removed, but which must be cut, moved, or removed to allow new work to proceed. Work or items which are to remain in finished work shall be patchedor reinstalled after their cutting, moving or removal, and their joints and finishes made to match adjacent or similar work. c. Removal of existing surface finishes as needed to install new work and finishes. d. Removal of abandoned items and removal of items serving no useful purpose, such as abandoned piping. e. Repair or,removal of dangerous or unsanitary conditions resulting from alterations work. F. Payments: Costs caused by ill-timed or defective work, or work not shown or specified in the Construction Documents shall be incurred by party responsible for ill-timed, rejected or non- conforming work. G. Work performed shall be in accordance with applicable codes, regulations and ordinances having jurisdiction. H. Existing warranties: Perform replacing, patching and repairing of material and surfaces cut or damaged by methods and with material so as not to void, in any way, warranties or bonds required under this Contract or in force on existing work (or work performed under other contracts). 1.03 QUALITY ASSURANCE A. Requirements for Structural Work: Do not cut and patch structural work in a manner that would result in a reduction of load -carrying capacity or of load -deflection ratio. B. Before cutting and patching structural members obtain the A/E's approval to proceed with cutting and patching as described in the procedural proposal for cutting and patching. C. Operational and Safety Limitations: Do not cut and patch operational elements or safety related components in a manner that would result in a reduction of their capacity to perform in the manner untended, including energy performance, or that would result in increased maintenance, or decreased operational life or decreased safety. D. Visual requirements: Do not cut and patch work exposed on the building's exterior or in its occupied spaces in a manner that would, in the A-E/Owner's opinion, result in lessening the building's aesthetic qualities. Do not cut and patch work in a manner that would result in substantial visual evidence of cut and patch work. Remove and replace work judged by the A-E/Owner to be cut and patched in a visually unsatisfactory manner. Use a recognized experienced and specialized firni to cut and patch exposed work. V 1 7 369/94 COL CUTTING, PATCHING AND ALTERATIONS PROCEDURES Section 01.031 Page 3 1.04 SUBMITTALS A. General: Submit a written request to the A/E well in advance of executing any cutting or alteration which affects: 1. Work of the Owner or any separate Contractor. 2. Structural value or integrity of any element of the Project. 3. Integrity or effectiveness of weather -exposed or moisture -resistant elements or systems. 4. Efficiency, operational life, maintenance or safety of operational elements. 5. Visual qualities of sight -exposed elements. B. Content: Request shall include: 1. Identification of the Project. 2. Description of affected work. 3. The necessity for cutting, alteration or excavation. 4. Effect on work of Owner or any separate Contractor, or on structural or weatherproof integrity of Project. POW i 5. Description of proposed work: a. Scope of cutting, patching, alteration, or excavation. b. Trades who will execute the work. c. Products proposed to be used. d. Extent of refinishing to be done. 6. Alternates to cutting and patching. i 7. Written permission of any separate Contractor whose work will be affected. 8. List utilities that will be disturbed or otherwise be affected by the Work, including those that will be relocated and those that will be out -of -service temporarily. Inndicate how long utility services will be disrupted. 9. Where cutting and patching of structural work involves the addition of reinforcement, submit details and engineering calculations to show how that reinforcement is integrated with the original structure to satisfy requirements. 10. Approval by the A-E/Ownner to proceed with cutting and patching work does not waive the A/E's right to require at a later date complete removal and replacement of work found to be cut and patched in an unsatisfactory manner. r 369/94 COL CUTTING, PATCHING AND ALTERATIONS PROCEDURES Section 01.031 Page 4 1.05 MATERIALS A. Except as otherwise indicated, or as directed by the A-E/Owner, use materials for cutting and patching that are identical to existing materials. If identical materials are not available, or cannot be used, use materials that match existing adjacent surfaces to the fullest extent possible with regard to visual effect. Use materials for cutting and patching that will result in equal -or -better performance characteristics. B. Should conditions of Work or the schedule indicate a change of products from original installation, the Contractor shall submit a request for substitution as specified in section 01.600. 1.06 INSPECTION A. Carefully examine the premises to determine the extent of work and the condition under which it must be done, including elements subject to movement or damage during cutting and patching. No extra payments will be allowed for claims for additional work that could have been determined or anticipated by such inspection. After uncovering work, inspect conditions affecting installation of new products. B. Field conditions: Check and verify Contract Documents and field conditions before proceeding with work. If there are any questions regarding these or other coordination questions, the Contractor is responsible for obtaining clarification from the A/E before proceeding with work or related work in question. C. Before cutting, examine surfaces to be cut and patched and conditions under which the work is to be performed. If unsafe or otherwise unsatisfactory conditions are encountered, take corrective action before proceeding with work. D. Before start of cutting work, meet at work site with all parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict between the various trades. Coordinate layout of work and resolve potential conflicts before proceeding with the work. 1.07 PREPARATION A. Temporary supports: To prevent failure provide; temporary support of work to be cut. The responnsnbility for the safety of personas and property is the Contractor's during work of this Contract. B. Protection: Protect adjacent improvements and other work during cutting and patching to prevent damage. Provide protection from adverse weather conditions for that part of the project that may be exposed during cutting and patching operations. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. Take precautions not to cut existing pipe, conduit or duct serving the building (but scheduled to be relocated) until provisions have been made to bypass them. 1.08 PERFORMANCE A. General: In performing the work prescribed herein, it will be the Contractor's responsibility to repair all existing construction disturbed, relocated, damaged or altered an all new construction installed, as required to hide all evidence of work and to refinish this construction to match existing finish and appearance. } r� 369/94 COL CUTTING. PATCHING AND ALTERATIONS PROCEDURES Section 01.031 Page 5 B. Damage: Contractor shall be responsible for the repairs of any accidental damage the Contractor inflicts upon the existing work to remain. If, for any reason, damage to existing work or utilities is considered to be unavoidable, submit written notification. The Conntractor, assumes full responsibility for damage and the cost of satisfactorily repairing or replacing tine damaged work. C. Workmanship: Contractor and Subcontractors shall cooperate fully in performance of work. Cutting of new work shall be avoided. However, if cutting, patching, repairing, removing and/or replacing is necessary, it shall be performed in accordance with the requirements of the Contract Documents. In all cases, exercise care in cutting operations. Perform operations under supervision of competent mechanics skilled it applicable trade. D. Cutting: Cut the work using methods that are least likely to damage work to be retained or adjoining work. 1. In general, where cutting is required use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut through concrete and masonry using a cutting machine such as a carborundum saw or core drill to ensure a neat hole. Cut holes and slots neatly to sizes required with existing finished surfaces, cut or drill from the exposed or finished side into concealed surfaces. Temporarily cover openings when not in use. 2. Bypass utility services such as pipe and conduit before cutting where such utility services are shown or required to be removed, relocated or abandoned. After bypassing and cutting, cap, valve or plug and seal tight remaining portion of pipe and conduit to prevent entrance of moisture or other foreign matter. E. Patching: Patch with seams which are durable and as invisible as possible. Comply with specified tolerances for the work. Where no tolerances are specified, patchwork shall match existing work and existing tolerances. Where feasible, inspect and test patched areas to demonstrate integrity of work. Restore exposed finishes of patched areas and, where necessary, extend finish restoration into retained adjoining work in a manner which will eliminate evidence of patching and refinishing. 1.09 ALTERATIONS TO EXISTING BUILDING A. General: 1. Work Sequence: List required scheduling or sequence for project. 2. Security: When keys to locked areas are needed to perform work, obtain from staff member designated by Owner. Return keys at end of each workday. 3. Maintenance of Access and Operations: a. During period of construction, the Owner will continue to perform normal activities in existing building. Maintain proper and safe access to the Owner -occupied areas at all times. b. Schedule demolition and remodeling operations with Owner in such a manner as to allow Owner operations to continue with minimum interruption. c. During period of construction, do not obstruct ii any manner existing exit passageways of Owner -occupied areas. Maintain existing fire doors in an operable condition. r 369/94 COL CUTTING, PATCHING AND ALTERATIONS PROCEDURES Section 01.031 Page 6 4. Maintenance of Existing Services: a. Maintain environmental control in existing buildings, especially temperature, humidity and dust control. b. Provide temporary lines and connections as required to maintain existing mechanical and electrical services in building. c. Schedule utility interruptions with the Owner's Representative. B. Extent: 1. Cutting and removal work shall be performed so as not to cut or remove more than is necessary and so as not to damage adjacent work. 2. Conduct work in such a manner as to minimize noise and accumulation and spread of dirt and dust. 3. Drill holes for conduit and piping using core drills. 4. All penetrations in slab, columns, etc., to be pilot -drilled to determine the exact location and possible interference with any other items. (For example rebar, piping, anchors, etc.) Joists, beams and columns are not to be cut, drilled or modified without prior written approval. C. Shoring, Bracing and Capping: Provide shores, needling, and bracing as needed to keep building structurally secure and free of deflection in all its parts,.and as needed for installation of new structural members. D. Responsibility and Assignment to Trades: 1. Contractor shall assign the work of moving, removing, cutting, patching and repairing to trades under Contractor's supervision to cause the least damage to each type of work encountered, and to return the building as much as possible to the appearance of new work. 2. Patching of finished materials shall be assigned to mechanics skilled in the work of the finish trade involved. E. Protection 1. Protect remaining finishes, equipment, and adjacent work from damage caused by cutting, moving, removing, and patching operations. Protect surfaces which will remain a part of the finished work. 2. ,Protect existing facilities and features within designated construction limits and along corridor access routes to construction areas. 3. During demolition, cutting and construction, provide :positive dust control by wetting dusty debris and by completely sealing openings to Owner -occupied areas with temporary partitions to prevent -- spread of dust and dirt to adjacent areas. 4. After materials, equipment and machinery are installed, properly protect Work until final r 369/94 COL CUTTING, PATCHING AND ALTERATIONS PROCEDURES Section 01.031 Page 7 i '. acceptance. 5. Any damage resulting from construction operations shall be repaired by the Contractor (or responsible Subcontractor as applicable) without cost to the Owner. 6. During non -working hours, provide continuous security at openings cut into existing exterior roofs. F. Temporary Barricades/Partitions: Maintain temporary and dust partitions to seal openings to Owner - occupied areas. 1. Provide temporary guardrails/barricades. 2. Dust control: The dust resulting from cutting and patching shall be controlled to prevent the spread of dust to occupied portions of the building and to avoid creation of a nuisance in the surrounding area. Use of water will be permitted as indicated. Provide drop cloths or other suitable barriers to prevent dust from travelling to other portions of the building. Seal off all return air registers or other mechanical systems to prevent dust from entering such systems. G. Debris: 1. Remove debris promptly from the building and deposit in Contractor -furnished dumpster containers. Removed material, except that listed or marked by the Owner for retention, becomes �.. property of the Contractor. Contractor shall remove dumpster stored debris and materials and shall dispose of removed material legally. Do not burn on site. Do not allow debris to enter sewers. 2. Do not let piled material endanger structures. 3. During cutting and coring operations, use metal lined wood box secured tight against surface, to catch falling debris and water. i 1.10 PATCHING, EXTENDING AND MATCHING FOR ALTERATIONS WORK A. Skill: Patch and extend existing work using skilled mechanics who are capable of matching the existing quality of workmanship. B. Patching: 1. In areas where any portion of an existing finished surface is damaged, lifted, stained or otherwise made or found to be imperfect, patch or replace the imperfect portion of the surface with matching material. 2. Provide adequate support or substrate for patching of finishes. 3. When existing surface mounted fixtures, such as, but not limited to, pipes, grills, ducts, electrical boxes, conduit, etc., are shown to be removed or are no longer required for the new work, and such surface mounted items occur in existing walls, floors, or ceiling which are indicated as the finish for ' the new work, Contractor shall patch, seal or otherwise cover all penetrations resulting from the removed item using materials and textures to match adjacent finishes. E r 369/94 COL CUTTING, PATCHING AND ALTERATIONS PROCEDURES Section 01.031 Page 8 _ C. Quality: 1. No concerted attempt has been made to describe each of the various existing products that must be used to patch, match, extend, or replace existing work. Obtain all such products in time to complete the work on schedule. Such products shall be provided in quality which is in no way inferior to the existing products. _ 2. The quality of the products that exist in the building as apparent during prebid site visits shall serve as the Specification requirement for strength, appearance, and other characteristics. D. Transitions: 1. Where new work abuts or finishes flush with existing work make transitions as smooth and ^- workmanlike as possible. Patched work shall match existing adjacent work.in texture and appearance so as to make the patch or transition invisible to the eye at a distance of 3 feet. 2. Where masonry or other finished surfaces are cut in such a way that smooth transitions with new work are not possible, terminate the existing surface ii a neat fashion along a straight line at a natural line of division and provide trim appropriate to the finished surface. E. , Matching: 1. Restore existing work that is damaged during construction to a condition equal to its condition at the time of the start of the Work. F. Overall Requirement that the Work be Complete: 1. Where a product or type of construction occurs in the existing building and it is not specified as a part of.the new work, provide such products or types of construction as needed to patch, extend or match existing work. 2. These Specifications will generally not describe existing products or standards of execution, nor will they enumerate products which are not a part of new construction. Existing product is its own specification. 3. The presence of any product or type of construction in the existing work shall cause its patching, extending, or matching to be performed as necessary to make the work complete and consistent to identical standards of quality. 1.11 REPAIR IN CONJUNCTION WITH ALTERATION WORK A. Replace work damaged in the course of alterations, except at areas approved by the A-E/Owner for repair. B.. Where full ,removal of extensive amounts of almost suitable work would be needed to replace damaged portions, then filling, spackling, straightening, and similar repair techniques, followed by full f 369/94 COL CUTTING, PATCHING AND ALTERATIONS PROCEDURES Section 01.031 Page 9 refinishing, will be permitted. C. If repaired work is not brought up to the standard for new work the A/E will direct that it be cut out and replaced with the new work at no additional cost to the Owner. 1.12 REMOVAL AND RELOCATION A. Items indicated for removal and relocation shall be assigned to mechanics skilled in the particular trade involved. All items shall be cleaned prior to relocation. ;y B. Each Successive Trade: 1. As each trade finishes its work on each part of the alterations work and related new work, it shall i clean up its work area and make work surfaces ready for the work of the succeeding trades. ! I 2. Spillage, overspray, collections of dust or debris, and damage of Owner -occupied spaces shall be I cleaned or remedied immediately by the responsible trade. C. Each area as it is completed: r 1. As soon as work in each area of the alterations is complete, clean all surfaces, remove equipment, salvage and debris, and return in condition suitable for use by the Owner as quickly as possible. '! t D. Each trade and subcontractor shall deposit debris in Contractor furnished dumpster containers on site. Contractor shall remove containers from site and dispose of trash legally. Take precautions to eliminate blowing or spillage of debris onto the site. r PART 2 PRODUCTS (Does Not Apply) PART 3 EXECUTION) (Does Not Apply) End of Section r I r 369/94 COL PROJECT COORDINATION Section 01.041 Page 1 PART 1 GENERAL 1.01 SUMMARY A. Coordinate scheduling, submittals, and work of various sections of Specifications to ensure efficient and orderly sequencing of installation of interdependent construction elements. B. Verify that utility requirement characteristics of operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment. C. Coordinate space requirements and installation of mechanical and electrical items which are indicated diagrammatically on the Drawings. Follow routing shown as closely as practical; place runs parallel with building Tunes. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. D. Inn finished areas, conceal pipes, ducts and wiring within construction. Coordinate locations of fixtures and outlets with finish elements. E. Coordinate completion and cleanup of work of separate sections in preparation for Substantial Completion. F. After Owner occupancy, coordinate access to site for correction of defective Work and Work not in accordance with the Contract Documents to minimize disruption of Owner's activities. End of Section i 3 6 9/ 9 4 COL QUALITY CONTROL _ Section 01.045 Page 1 PART 1 GENERAL 1.01 QUALITY ASSURANCE AND CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions and workmanship to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, corrosion or disfigurement. 1.02 MANUFACTURER'S FIELD SERVICES AND REPORTS A. When specified in individual Specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, or startup of equipment, as applicable, and to initiate instructions when necessary. B. Individuals shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. C. Submit report to Architect for review in duplicate within 10 days of observation. End of Section F r t k r 369/94 COL REFERENCE STANDARDS _ Section 01.090 Page 1 PART 1 GENERAL 1.01 STANDARDS A. References to standards, codes, Specifications, recommendations and regulations refer to the latest edition or printing prior to date of issue of the Contract Documents. B. Applicable portions of standards listed that are not in conflict with Contract Documents are hereby made a part of the Specifications. C. Modifications or exceptions to Standards shall be considered as amendments and unmodified portions shall remaui in full effect. In cases of discrepancies between standards, the more stringent requirements shall govern. D. Schedule of Standards Acoustical & Insulation Materials Association (AIMA) nee: (AMA) Acoustical Society of America (ASA) Adhesive and Sealant Council Air Conditioning and Refrigeration Institute (ARI) Air Diffusion Council (ADC) Air Movement and Control Assoc. (AMCA) Aluminum Association (AA) American Architectural Manufacturers Assoc. (AAMA) American Association of Nurserymen (AAN) American Association of State Highway Officials (AASHO) American Association of Textile Chemists (AATCC) American Concrete Institute (ACT) American Concrete Pipe Assoc. (ACPA) American Council of Independent Laboratories American Gas Assoc. (AGA) American Hardboard Assoc. (AGA) American Hot Dip Galvanizers Association (AHDGA) American Industrial Hygiene Assoc. (AIHA) American Institute of Architects (AIA) American Institute of Electrical Engineers (AIEE) American Institute of Steel Construction (AISC) American Institute of Timber Construction (AITC) American Insurance Association (AIA) nee: National Board of Fire Underwriters American Iron and Steel Institute (AISI) American Lumbar Standards Committee (AISC) American National Standards Innstitute (ANSI) nee: American Standards Association (ASA) American Parquet Assoc. (A.P.A.) American Petroleum Institute (API) American Plywood Association (APA) r 369/94 COL REFERENCE STANDARDS Section 01.090 Page 2 American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRE) American Society of Mechanical Engineers (ASME) American Society of Plumbing Engineers (ASPE) American Society of Sanitary Engineering (ASSE) American Society for Testing and Materials (ASTM) American Water Works Assoc. (AWWA) American Welding Society (AWS) American Wood Preservers Association (AWPA) American Wood Preservers Bureau (AWPB) Anti -Friction Bearing Manufacturers Assoc. (AFBMA) Architectural Aluminum Manufacturer's Association (AAMA) Architectural Woodwork Institute (AWI) Asphalt Institute (AI) Asphalt Roofing Manufacturers, Assoc. (ARMA) Associated Air Balance Council (AABC) Associated Laboratories (ALI) Association of Home Appliance Manufacturers (ARAM) Association of Official Analytical Chemists (AOAC) Association of Official Seed Analysts (AOSA) Brick Association of North Carolina (BANC) Brick Institute of America (BIA) Builder's Hardware Manufacturers Assoc. (BHMA) Business and Institutional Furniture Manufacturers Assoc. (BIFMA) California Redwood Association (CRA) Carpet and Rug Institute (CRI) Cast Iron Soil Pipe Institute (CISPI) Ceiling and Interior Systems Contractors Assoc. (CISCA) Ceramic Tile Institute of America (CTI) Certified Ballast Manufacturers Assoc. (CBM) Chain Link Fence Manufacturers Institute (CLFMI) Code of Federal Regulations (CFR) Available from the Government Printing Office Color Association of the United States (CADS) Commercial Standards (CS) Compressed Air and Gas Institute (GAGI) Compressed Gas Assoc. (CGA) Concrete Reinforcing Steel Institute (CRSI) Consumer Product Safety Commission (CPSC) Copper Development Assoc. (CDA) Corp of Engineers (CE) Davis - Bacon Act (DBA) Decorative Laminate Products Assoc. (DLPA) Department of Commerce (DOC) Department of Transportation (DPT) Door and Hardware Institute (DI -II) Electronic Industries Assoc. (EIA) I ' 369/94 COL REFERENCE STANDARDS Section 01.090 Page 3 Elevator Safety Code as Approved by the American Standards .. Association (ASE Code) Environmental Protection Agency (EPA) ETL Testing Laboratories, Inc. (ETL) .. Exchange Carriers Standards Assoc. (ECSA) Expansion Joint Manufacturers Assoc. (EJMA) Exterior Insulation Manufacturers Assoc. (EIMA) Facing Tile Institute (FTI) Factory Mutual Research Corporation (FMRC) nee: (FMEC) Federal Aviation Administration (FAA) Federal Communications Commission (FCC) Federal Housing Administration (FHA) (US Department of Housing and Urban Development) Federal Specifications (FS) 7 Flat Glass Jobbers Association (FGJA) Flat Glass Marketing Assoc. (FGMA) Fluid Controls Institute (FCI) rGeneral Services Administration (GSA) i Gypsum Association (GA) Hardwood Manufacturers Assoc. (HMA) r• Hardwood Plywood Institute (HPI) Hardwood Plywood Manufacturers (HPMA) Heat Exchange Institute (HEI) Hydronics Institute (HI) Hydraulic Institute (H.I.) Illuminating Engineering Society of North America (IESNA) Indiana Limestone Institute of America (ILI) �+ Industrial Risk Insurers (IRI) jInstrument Society of America (ISA) International Municipal Signal Assoc. (IMSA) r., Institute of Business Designers (IBD) r Institute of Electrical and Electronic Engineers (IEEE) Insulated Cable Engineers Association, Inc. (ICEA) Insulating Glass Certification Council (IGCC) International Electrotechnical Commission (IEC) Lead Industries Association, Inc. (LIA) Lightening Protection Institute (LPI) r Manual of Accident Prevention in Construction ff Associated General Contractors of America (AGC) Manufacturers Standardization Society of the Valve and r Fittings Industry (MSS) Maple Flooring Manufacturers Assoc (MFMA) Marble Institute of America (MIA) Mechanical Contractors Association of America (MCAA) Metal Building Manufacturer's Assoc. (MBMA) Metal Lath/Steel Framing Assoc. (ML/SFA) Military Standardization Documents (MIL) (r. i, (US Department of Defense) 369194 COL REFERENCE STANDARDS Section 01.090 Page 4 National Asphalt Pavement Assoc. (NAPA) National Association of Architectural Metal Manufacturers (NAAMM) National Association of Plastic Fabricators (NAPF) (now DLPA) National Builders Hardware Assoc. (NBHA) National Building Granite Quarries Association (NBGOA) National Concrete Masonry Association (NCMA) National Council on Radiation Protection and Measurements (NCRPM) National Electric Code (NEC) National Electrical Contractors Assoc. (NECA) National Electrical Manufacturer's Association (NEMA) National Elevator Industry, Inc. (NEII) National Fire Protection Association (NFPA) National Forest Products Assoc. (N.F.P.A.) National Hardwood Lumber Association (NHLA) National Institute of Standards and Technology (NIST) National Kitchen Cabinet Assoc. (NKCA) National Lumber Grades Authority (NLGA) National Oak Flooring Manufacturers Assoc. (NOFMA) National Paint and Coatings Assoc. (NPCA) National Particleboard Assoc. (NPA) National Roofing Contractors Association (NKCA) National Sanitation Foundation (NSF) National School Supply and Equipment Assoc. (NSSEA) National Terrazzo and Mosaic Association (NTMA) National Wood Window and Door Assoc. (NWWDA) National Woodwork Manufacturer's Association (NWMA) Occupational Safety and Health Administration (OSHA) Painting and Decorating Contractors of America (PDCA) Plumbing and Drainage Institute (PDI) Porcelain Enamel Institute (PEI) Portland Cement Association (PCA) Prestressed Concrete Institute (PCI) Product Standard of NBS (PS) Redwood Inspection Service (RIS) Resilient Floor Covering Institute (RFCI) Rubber Manufacturers Assoc. (RMA) Rural Electrification Administration (REA) (US Department of Agriculture) 1 Safety Glazing Certification Council (SGCC) Scientific Apparatus Makers Assoc. (SAMA) Sealed Insulating Glass Manufacturers Assoc. (SIGMA) Sheet Metal and Air Conditioning Contractors National Association Inc. (SMACNA) Single Ply Roofing Institute (SPRI) Southenn Hardwood Lumber Manufacturers Assoc. (SHLMA) (now HMA) E 369/94 COL REFERENCE STANDARDS Section 01.090 Page 5 Southern Pine Inspection Bureau (SPIB) Standard Code for Arc and Gas Welding of the American Welding Society Steel Joist Institute (SJI) Steel Deck Institute (SDI) Steel Door Institute (S.D.I.) Steel Joist Institute (SJI) Steel Structures Painting Council (SSPC) Steel Window Institute (SWI) Structural Clay Products Institute (SCPI) Submersible Wastewater Pump Assoc. (SWPA) Sump and Sewage Pump Manufacturers Assoc. (SSPMA) Texas Department of Transportation (TDOT) Thermal Insulation Manufacturers Assoc. (TIMA) Tile Council of America (TCA) Truss Plate Institute (TPI) Underwriter's Laboratory (UL) U.S. Department of Agriculture (USDA) United States Department of Health and Human Services Unites States Department of Labor (DOL) (USDOL) U.S. Pharmacopoeia (USP) U.S. Postal Service (USPS) Wallcovering Manufacturers Assoc. (WCMA) Water Systems Council (WSC) West Coast Lumber Inspection Bureau (WCLIB) Western Lath Plaster Drywall Industries Assoc. (WLPDIA) (Formerly California Lath & Plaster Assoc.) Western Wood Products Assoc. (WWPA) Wire Reinforcement Institute (WRI) Wood and Synthetic Flooring Institute (WSFI) Woodwork Institute of California (WIC) Woven Wire Products Assoc. (W.W.P.A.) PART 2 PRODUCTS (Does Not Apply) PART 3 EXECUTION (Does Not Apply) r End of Section 369/94 COL MINOR DEMOLITION FOR REMODELING Section 02.072 Page 1 PART 1 GENERAL 1.01 RELATED DOCUMENTS A. The general provisions of the Contract, including General Conditions and General Requirements (Division 1), apply to the work specified in this section. 1.02 WORK INCLUDED A. The extent of demolition work is shown and noted on the Drawings and specified herein. All demolition work noted on the Drawings shall be performed under this Contract. B. Coordinate work of trades and schedule elements of alterations and renovation work by procedures and methods herein specified to expedite completion of work. C. Cap and identify exposed utilities. D. Patch floors and walls where walls, utilities or other items have been removed. E. In addition to that specifically shown, cut, move or remove items necessary to provide access or to allow alterations and new work to proceed. Include such items as: 1. Repair or removal of hazardous or unsanitary conditions. 2. Removal of unsuitable or extraneous materials not marked for salvage, such as rotted wood, rusted metals and deteriorated concrete. 3. Cleaning of surfaces, and removal of surface finishes as needed to install new work and finishes. F. Patch, repair and refinish existing items to remain, to the specified condition for each material. Provide a workmanlike transition to adjacent new items of construction. 1.03 PROTECTION A. Do not interfere with use of adjacent areas. Maintain free and safe passage to area of work and in public corridors adjacent to area of work. B. Prevent movement or settlement of structure(s). Assume liability for such movement, settlement, damage or injury. C. Cease operations and notify the Architect immediately if safety of structure appears to be endangered. Take precautions to properly support structure. do not resume operations until safety is restored. D. Provide, erect and maintain barricades, lighting, and guardrails as required by applicable regulatory advisory to protect occupants of building and workers. E. Protect existing finishes, equipment, and adjacent work which is scheduled to remain. Protect existing and new work from weather and extremes of temperature. 1. Maintain existing interior work above 60 degrees F. r. r 369/94 COL MINOR DEMOLITION FOR REMODELING Section 02.072 Page 2 _ 2. Provide weather protection, waterproofing, heat and humidity control as needed to prevent damage to remaining existing work and to new work. 1.04 QUALITY ASSURANCE A. Assign the work of moving, removal, cutting and patching to trades qualified to perform the work in a manner to cause the least damage to each type of work, and provide a means of returning surfaces to the appearance of new work. PART 2 PRODUCTS 2.01 MATERIALS A. Verify with the Architect before moving any debris or material from the site. B. Relics and antiques (i.e. Cornerstones and their contents, commemorative plaques, and tablets) and similar objects remain the property of the Owner. Notify Architect prior to removal, and obtain acceptance regarding method of removal. C. Carefully remove, store and protect for reinstallation of items indicated to be reinstalled on the plans. _ D. Carefully remove the materials and equipment, indicated on the plans to be removed and to be retained by the Owner. Deliver and store where directed by the Architect. E. Salvage sufficient quantities of cut or removed material to replace damaged work or existing construction when material is not readily obtainable on current market. F. Do not incorporate salvaged or used material un new construction without the permission of the Architect, except where it is indicated on the Drawings that salvaged or existing materials are to be used. G. Floor patch materials shall be equal to "Campus Latex Repair Kit" to level floors or "Pavecrete" to patch holes. 2.02 PRODUCTS FOR PATCHING, EXTENDING AND MATCHING A. Provide same products of types of construction as that in existing structure as needed to patch, extend or match existbng work. Generally the Contract Documents will not define products or standards of workmanship present in existing construction. The Contractor shall determine products by inspection and necessary testing. B. The presence of a product, finish, or type of construction requires that patching, extending or matching shall be performed as necessary to make the Work complete and consistent to identical standards of quality. PART 3 EXECUTION 3.01 PREPARATION P.m 369/94 COL MINOR DEMOLITION FOR REMODELING Section 02.072 Page 3 A. Carry out demolition work to cause as little inconvenience to adjacent occupied building areas as possible. B. When demolition work creates an excess amount of dust, provide protection around the source to contain the dust and prevent it from entering spaces that the public uses or any other spaces that are used for any purpose other than this construction project. C. Notify the Architect at least 72 hours before concrete slab drilling or cutting. Schedule all construction activities that involve extreme vibration and noise with the Architect. 3.02 GENERAL REQUIREMENTS A. Demolish in an orderly and careful manner as required to accommodate new work. Protect existing foundations, walls, supporting structural members, openings and utilities that remain. B. Perform demolition in accordance with applicable authorities having jurisdiction. C. Perform cutting and removal work to remove minimum materials necessary, and in a manner to avoid damage to adjacent work. Cut surfaces such as masonry, tile, plaster or metal by methods designed to terminate surfaces in a straight line at a natural point of division. D. Patch and extend existing work using skilled mechanics who are capable of matching existing quality workmanship. Quality of patched or extended work shall not be less than that specified for new work. E. Patch and replace any portion of an existing finished surface which is found to be damaged, lifted, discolored, or shows other imperfections with matching material. 1. Provide adequate support of substrates prior to patching a finish. 2. Refinish patched portions of painted or coated surfaces in a manner to produce a uniform color and texture over the entire surface. 3. When existing surface finish conditions cannot be matched, refinish entire surface to the nearest intersections. F. When new work abuts or finishes flush with existing work, make a smooth and workmanlike transition. Patched work shall match existing adjacent work in texture and appearance so that the patch or transition is invisible at a distance of five feet. When finished surfaces are cut in such a way that a smooth transition with new work is not possible, terminate existing surface in a neat manner along a straight line as a natural line of division, and provide trim appropriate to finished surface. G. Repair all demolition performed in excess of that required, at no cost to the Owner. H. Burning of materials on site is not permitted. I. Remove from site, contaminated, vermin -infested or dangerous materials encountered and dispose of by safe means so as not to endanger health of workers and public. J. Remove tools and equipment from site upon completion of work. Leave site in a condition acceptable to the Architect. 369/94 COL MINOR DEMOLITION FOR REMODELING Section 02.072 Page 4 _ K. Remove debris daily from the site. L. Clean spillage, overspray, and heavy collections of dust in Owner occupied areas immediately. M. At completion of work of each trade, clean area and make surfaces ready for work of successive trades. N. Saw cut existing concrete slabs where demolition is required. 3.03 FLOOR PATCHING A. Repair all floors where walls, utilities or other items are removed. B. Fill all holes in concrete floor slab with fine sand/cement mixture with bonding agent, equal to "Pavecrete". C. All floor patching shall be performed to the satisfaction of the Architect and to the finish flooring contractors. End of Section r 7 369/94 COL CONCRETE WORK Section 03.300 Page 1 PART 1 GENERAL 1.01 RELATED DOCUMENTS A. The general provisions of the Contract, including General Conditions and General Requirements (Division 1), apply to the work specified in this section. 1.02 DESCRIPTION OF WORK A. The extent of concrete work is shown on the Drawings. 1.03 RELATED WORK SPECIFIED ELSEWHERE A. Structural Steel Supports - Section 05.500 Metal Fabrications 1.04 QUALITY ASSURANCE A. Codes and Standards: Comply with the provisions of the following codes, specifications and standards, except where more stringent requirements are shown or specified 1. ACI 301 "Specifications for Structural Concrete for Buildings". 2. ACI 304 'Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete". 3. ACI 311 'Recommended Practice for Concrete Inspection". 4. ACI 318 "Buildung Code Requirements for Reuiforced Concrete". 5. ACI 347 "Recommended Practice for Concrete Formwork". 6. MSP-1-90 Concrete Reinforcing Steel Institute, "Manual of Standard Practice". B. Workmanship: The Contractor is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances and funishes. Correct deficient concrete as directed by the Architect. C. Design and Testing -1. The Contractor shall bear all expenses in connection with securing proper laboratory designed mixes. Mixes proposed for use in this project shall be tested by means of actual cylinder breaks, with all information being reported to the Architect. A proven, established, mix from an acceptable ready - mix plant may be used. Provide a minimum of 5 recent different compression test reports for the proposed mix. 2. Job site cylinders shall be taken when the Architect so directs. The Contractor shall notify the testing laboratory when test cylinders are to be taken. The laboratory shall come to the site and take the concrete cylinders, and be responsible for their care and handling including breaking of same at laboratory. 3. The laboratory shall be an independent testing laboratory designated by the Architect and the t .. 369194 COL CONCRETE WORK Section 03.300 Page 2 Owner. 4. All expenses for taking and testing concrete cylinders shall be borne by the Owner. 5, Test results shall be furnished to the Architect, Engineer and the Contractor. 6. Any concrete not meeting strength requirements shall be further tested. If further tests indicated concrete will ultimately never meet strength requirements, the understrength concrete will be replaced with new as directed by Architect. 1.05 SUBMITTALS A. Manufacturer's Data: Submit manufacturer's product data with application and installation instructions for proprietary materials and items, including reinforcement and forming accessories, admixtures, patching compounds, waterstops, joint systems, chemical floor hardeners, dry -shake finish materials, and others as requested by the Architect. _ B. Shop Drawings: Submit shop drawings for fabrication, bending, and placement of concrete . reinforcement. Comply with the ACI 315 "Manual of Standard Practice for Detailing Reinforced Concrete Structures" showing bar schedules, stirrup spacing, diagrams of bent bars, and arrangement of concrete reinforcement. Include special reinforcement required at openings through concrete structures. PART 2 PRODUCTS 2.01 FORM MATERIALS A. Forms for Exposed Finish Concrete: Unless otherwise shown or specified, construct all formwork for exposed concrete surfaces with plywood, metal, metalfranned plywood -faced or other acceptable panel - type materials, to provide continuous, straight, smooth, exposed surfaces. Furnish in largest practicable sizes to mininize number of joints and to conform to joint'system shown on the Drawings. Provide form material with sufficient thickness to withstand pressure of newly -placed concrete without bow or deflection. Forms used for this class of concrete shall be new or "good -as -new B. Use plywood complying with U.S. Product Standard PS-1 "B-B (Concrete Form) Plywood" Class I, Exterior Grade or better, mill -oiled and edgesealed, with each piece bearing the legible trademark of an approved inspection agency, unless otherwise acceptable to Architect. C. Forms for Unexposed Finish; Concrete: Form concrete surfaces which will be unexposed in finished structure with plywood, lumber, metal or other acceptable material. Provide lumber dressed on at least 2 edges and one side for tight fit. D. Corrugated Steel Forms: Shall be type 0.6C26 as manufactured by Vulcraft, Grapeland, Texas, or approved equal. Decking shall be formed from 26 gage galvanized sheets. 2.02 REINFORCING MATERIALS A. Reinforcing Bars: ASTM A 615, Grade 60, except No. 3 ties and stirrups may be Grade 40. B. Welded Wire Fabric: ASTM A 185, welded steel wire fabric. L r" 369/94 COL CONCRETE WORK Section 03.300 Page 3 C. _Dowels for load transfer in floors shall be plain steel bars conforming to ASTM A 675, Grade 80 or ASTM A 499. D. Supports for Reinforcement 1. Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars and welded wire fabric in place. Use wire bar type supports complying with CRSI, unless otherwise specified. Wood, brick and other devices will not be acceptable. 2. For slabs -on -grade, use supports with sand plates for horizontal runners where wetted base materials will not support chair legs. 3. For exposed -to -view concrete surfaces, where legs of supports are in contact with forms, provide supports with legs which are hot/dip galvanized, or plastic protected or stainless steel protected. 2.03 CONCRETE MATERIALS A. Portland Cement I. ASTM C 150, Type 1, unless otherwise acceptable to Architect. 2. Use only one brand of cement throughout the project, unless otherwise acceptable to Architect. B. Fine Aggregate 1. Clean, sharp, natural sand free from loam, clay, lumps or other deleterious substances. 2. Dune sand, bank -run sand and manufactured sand are not acceptable. C. Coarse Aggregate: ASTM C 33. Clean, uncoated, processed aggregate containing no clay, mud, loam or foreign matter as follows: 1. Crushed stone, processed from natural rock or stone. 2. Washed gravel, either natural or crushed. Use of pit or bank -run gravel is not permitted. 3. Provide aggregate from a single source for all exposed concrete. 4. Maximum Aggregate Size a. Not larger than one -fifth of the narrowest dimension between sides of forms, one-third of the depth of slabs, nor three -fourths of the minimum clear spacing between individual reinforcing bars or bundles of bars. b. These limitations may be waived if, in the judgement of the Architect, workability and methods of consolidation are such that concrete can be placed without honeycomb or voids. D. Lightweight Aggregates: ANSI/ASTM C330. 369/94 COL CONCRETE WORK Section 03.300 Page 4 E. Water: Clean, fresh, drinkable. F. Air -Entraining Admixture: ASTM C 260. G. Water -Reducing Admixture: ASTM C 494, Type A, containing not more than 0.1% chloride ions. H. Set -Control Admixtures: ASTM C 494, as follows: 1. Type B, Retarding. _ 2. Type C, Accelerating. 3. Type D, Water -reducing and Retarding. - 4. Type E, Water -reducing and Accelerating. I. Calcium chloride will not be permitted in concrete, unless otherwise authorized in writing by Architect. J. High -Range Water -Reducing Admixture (Super Plasticizer): ASTM C 494, Type F or G containing not more than 0.1% chloride ions. l` 2.04 RELATED MATERIALS r: A. Preformed Expansion Joint Fillers: Prennolded cane fiber saturated with asphalt. Unless indicated otherwise, 1/2" thickness by depth of slab. B. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately 9 oz. per sq. yd., complying with AASHTO M 182, Class 2. C. Moisture -Retaining Cover: One of the following, complying with ASTM C 171. 1. Waterproof paper. 2. Polyethylene film. 3. Polyethylene -coated burlap. 2.05 PROPORTIONING AND DESIGN OF MIXES A. Prepare design mixes for each type and strength of concrete in accordance with applicable provisions of ASTM C 94. Use an independent testing facility acceptable to the Architect for preparing and reporting proposed mix designs. The testing facility shall not be the same as used for field quality control testing unless otherwise acceptable to the Architect. B. Prepare design mixes by either laboratory trial batch or field experience methods, using materials to be employed on the project for each class of concrete required, complying with ACI 211.1. C. Submit written reports to the Architect of each proposed mix for each class of concrete at least 15 days prior to start of work. Do not begin concrete production until mixes have been reviewed by the Architect. 369/94 COL CONCRETE WORK Section 03.300 Page 5 D. Design mixes to provide normal weight concrete with the following properties, as indicated on the Drawings and schedules: 1. 3000 psi 28-day compressive strength; W/C ratio, 0.58 maximum (non -air -entrained), 0.46 maximum (air -entrained). E. Lightweight Concrete: Proportion the mix as herein specified. Design the mix to produce the strength noted on the Drawings, with a split -cylinder strength factor (Fsp) of not less than 5.5 and a dry weight of not less than 95 lbs. or more than 120 lbs. after 28 days. Limit shrinkage to 0.03% at 28 days. F. Adjustment to Concrete Mixes: Mix design adjustments may be requested by the Contractor when characteristics of materials, job conditions, weather, tests results, or other circumstances warrant; at no additional cost to the Owner and as accepted by the Architect. Laboratory test data for revised mix design and strength results must be submitted to and accepted by the Architect before using in the work. 2.06 ADMIXTURES A. Use water -reducing admixture or high range water -reducing admixture (super plasticier) in concrete as required for placement and workability. B. Use none -chloride accelerating admixture in concrete slabs placed at ambient temperatures below 50 degrees F. C. Use air -entrained admixture in exterior exposed concrete, unless otherwise indicated. Add air - entraining admixture at the manufacturer's prescribed rate to result in concrete at the point of placement having air content within the following limits: 1. 5.5% with 1-1/2" maximum aggregate 2. 6.0% with 1" maximum aggregate 3. 6.0% with 3/4" maximum aggregate 4. 7.0% with 1/2" maximum aggregate D. Use admixture for water -reducing and set -control in strict compliance with the manufacturer's directions. E. Use amounts of admixtures as recommended by the manufacturer for climatic conditions prevailing at the time of placing. Adjust quantities and types of admixtures as required to maintain quality control. 2.07 SLUMP LIMITS A. Proportion and design mixes to result in concrete slump at the point of placement as follows: 1. Ramps and Sloping Surfaces: Not more than 3". 2. Reinforced Foundation Systems: Not less than 1" and not more than 3". 369/94 COL CONCRETE WORK Section 03.300 Page 6 3. Concrete containing HRWR admixture (super plasticizer): Not.more than 8" after addition of HRWR to verified 2"-3" slump concrete. 4. All Other Concrete: Not more than 4". 2.08 CONCRETE MIXING A. Ready -Mix Concrete: Comply with the requirements of ANSI/ASTM C 94, and as herein specified. B. Delete the references for allowing additional water to be added to the batch for material with insufficient slump. Addition of water to the batch will not be permitted. C. During,hot weather, or under conditions contributing to.rapid setting of concrete, a shorter mixing time than specified in ANSI/ASTM C 94 may be required. D. When the air temperature is between 85 degrees F. and 90 degrees F., reduce the mixing and delivery time from 1 1/2 hours to 75 minutes, and when the air temperature is above 90 degrees F., reduce the mixing and delivery time to 60 minutes. PART 3 EXECUTION 3.01 FORMS A. Design, erect, support, brace and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. °Construct formwork so concrete members and structures are of correct size, shape, alignment, elevation and position. B. Design formwork to be readily removable without impact, shock or damage to cast -in -place concrete surfaces and adjacent materials. C. Forms shall not leak cement paste. D. Fabricate forms for easy removal without hammering or prying against the concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces where slope is too steep to place concrete with bottom forms only. Kerf wood inserts for forming keyways, reglets, recesses, and the like, to prevent swelling and for easy removal. E. Provide temporary openings where interior area of formwork is inaccessible for cleanout, for inspection before concrete placement, and for placement of concrete. Securely brace temporary openings and set tightly to form to prevent loss of concrete mortar. Locate temporary openings on forms at inconspicuous locations. F. Chamfer exposed corners and edges as shown, using wood, metal, PVC or rubber chamfer strips fabricated to produce unnifornn smooth lines and tight edge joints. G. Form Ties: Factory -fabricated, adjustable -length, removable or snapoff metal form ties, designed and placed to prevent form deflection, and to prevenit spalling concrete surfaces upon removal. 369/94 COL CONCRETE WORK Section 03.300 Page 7 H. Unless otherwise shown, provide ties.so portion remaining within concrete after removal is at least 1 1/2" inside concrete. Unless otherwise shown, provide form ties which will not leave holes larger than 1" diameter in concrete surface. I. Provisions for Other Trades: Provide openings in concrete formwork to accommodate work for other trades. Determine size and location of openings, recesses and chases from trades providing such items. Accurately place and securely support items built into forms. Cleaning and Tightening: Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt or other debris just before concrete is placed. Retighten forms after concrete placement if required to eliminate mortar leaks. 3.02 PLACING CORRUGATED FORMS A. Corrugated Form sheets shall be placed end to end, beginning at the comer of each slab with the corrugated ribs perpendicular to the framing members. Sheets shall be placed one row at a time, maintaining proper alignment and coverage. Place sheets with edges up and with the ends lapped a minimum of 3". End laps shall be lapped one half corrugation. B. Sheets shall be attached to the supporting members by welding through the bottom of the corrugation as soon as they are placed and aligned. Welds shall be made through 16 gage uncoated welding washers furnished with the corrugated form deck. C. Endlaps shall be welded at each side lap and at the center of the sheet. Welds at the intermediate supports shall be made at the center of the sheet only, and at the side laps only, in an alternating pattern. D. Admixtures containing chloride salts shall not be used in connection with the galvanized deck. 3.03 PLACING REINFORCING A. Comply with the specified codes and standards, and Concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars", for details and methods of reinforcement placement and supports, and as herein specified. B. . Clean reinforcement of loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete. C. Accurately position, support and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers and hangers, as required. D. Place reinforcement to obtain at least the minimum coverages for concrete protection. Arrange, space and securely tie bars and bar supports to hold reinforcement in position during concrete placement operations. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. I— Do not place reinforcing bars more than 2" beyond the last leg of continuous bar supports. Do not use supports as bases for runways for concrete conveying equipment and similar construction loads. 369/94 COL CONCRETE WORK Section 03.300 Page 8 F. Install welded wire fabric hi as long lengths as practicable. Lap adjoining pieces at least one full mesh and lace splices with wire. Offset end laps in adjacent widths to prevent continuous laps in either direction. 3.04 INSTALLATION OF EMBEDDED ITEMS A. General: Set and build into the work anchorage devices and other embedded items required for other work that is attached to, or supported by, cast -in -place concrete. Use setting drawings, diagrams, instructions and directions provided by suppliers of the items to be attached thereto. B. Edge Forms and Screed Strips for Slabs: Set edge forms or bulkheads and intermediate screed strips for slabs to obtain the required elevations and contours in the finished slab surface. Provide and secure units sufficiently strong to support the types of screed required. Align the concrete surface to the elevation of the screed strips by the use of strike -off templates or accepted compacting type screeds. 3.05 PREPARATION OF FORM SURFACES A. Coat the contact surfaces of forms with a form -coating compound before reinforcement is placed. Provide commercial formulation form -coating compounds that will not bond with, stain nor adversely affect concrete surfaces, and will not impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede wetting of surfaces to be cured with water or curing compounds. B. Thin form -coating compounds only with thinning agent of type, and in amount, and under conditions of the form -coating compound manufacturer's directions. Do not allow excess form -coating material to accumulate in the forms or to come into contact with concrete surfaces against which fresh concrete will be placed. Apply in compliance with manufacturer's instructions. 3.06 CONCRETE PLACEMENT A. General 1. Comply with ACI 304, and as herein specified. 2. Deposit concrete continuously or in layers of such thickness that no concrete will be placed on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. If a section cannot be placed continuously, provide construction joints as herein specified. 3. Deposit concrete as nearly as practicable to its final location to avoid segregation due to rehandling or flowing. B. Preplacement Inspection: Before placing concrete, inspect and complete the formwork installation, reinforcing steel, and items to be embedded or cast -in. Notify other crafts to permit the installation of their work; cooperate with other trades in setting such work, as required. Thoroughly wet wood forms immediately before placing concrete, as required where form coatings are not used. C. Placing Concrete in Forms: Deposit concrete in forms in horizontal layers not deeper than 18" and in a manner to avoid inclined construction joints. rOO 369/94 COL CONCRETE WORK Section 03.300 Page 9 1. Consolidate placing concrete by mechanical vibrating equipment supplemented by hand -spading, rodding or tamping. Use vibrators designed to operate with vibratory element submerged in concrete, maintaining a speed of not less than 6000 impulses per minute. 2. Do not use vibrators to transport concrete inside of forms. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than the visible effectiveness of the machine. Do not insert vibrators into lower layers of concrete that have begun to set. At each insertion, limit the duration of vibration to the time necessary to consolidate the concrete and complete embedment of reinforcement and other embedded items without causing segregation of the mix. D. Placing Concrete Slabs �., 1. Deposit and consolidate concrete slabs ii a continuous operation, withii.the limits of construction joints, until the placing of a panel or section is completed. Consolidate concrete during placing operations so that concrete is thoroughly worked around reinforcement and other embedded items and into corners. 2. Bring slab surfaces to the correct level with a straightedge and strike off. Use bull floats or darbies to smooth the surface, leaving it free of humps or hollows. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to beginning finishing operations. 3. Maintain reinforcing in the proper position during concrete placement operations. E. Cold Weather Placing 1. Protect concrete work from physical damage or reduced strength which could be caused by frost, freezing actions, or low temperatures, in compliance with ACI 306 and as herein specified. 2 .When air temperature has fallen to or is expected to fall below'40 degrees F., uniformly heat all water and aggregate before mixing as required to obtain a concrete mixture temperature of not less than 50 degrees F., and not more' tlian 80 degrees F., at point of placement. 3. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen r subgrade or on subgrade containing frozen materials. 4. Do not use calcium chloride, salt and other materials containing antifreeze agents or chemical �+ accelerators, unless otherwise accepted in mix designs. F. , Hot Weather Placing I. When hot weather conditions exist that could seriously impair the quality and strength of concrete, place concrete ii compliance with ACI 305 and as herein specified. 2. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 degrees F. Mixing water may be chilled, or chopped ice may be used to control the concrete temperature provided the water equivalent of the ice is calculated to the total amount of mixing. ` 3. Cover reinforcing steel with water -soaked burlap if it becomes too hot, so that the steel temperature E will not exceed the ambient air temperature immediately before embedment ii concrete. Wet form rthoroughly before placing concrete. 1. 4 t 369/94 COL CONCRETE WORK Section 03.300 Page 10 4. Do not use retarding admixtures unless otherwise accepted.in mix designs. 3.07 FINISH OF FORMED SURFACES A. Trowel Finish 1. Apply trowel finish to monolithic slab surfaces that are to be exposed -to -view, unless otherwise shown, and slab surfaces that are to be covered with resilient flooring, paint or other thinfilm finish coating system. 2. After floating, begun first trowel finish operation using a power -driven trowel. Begin final troweling when surface produces a ringing sound as trowel is moved over the surface. Consolidate concrete surface by final hand troweling operation, free of trowel marks, uniform in texture and appearance, and with a surface plane tolerance not exceeding 1/8" in 10 feet when tested with a 10 foot straightedge. Grind smooth surface defects which would telegraph through applied floor covering system. 3.08 CONCRETE CURING AND PROTECTION A. General 1. Protect freshly placed concrete from premature drying and excessive cold or hot temperature, and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. 2. Start initial curing application as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less than 72 hours. 3. ` Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least 168 cumulative hours (not necessarily consecutive) during which concrete has been exposed to air temperatures above 50 degrees F. Avoid rapid drying at end of final curing period. B. Curing Methods: Perform curing of concrete by moist curing or by 'moisture retaining cover curing or by membrane -forming curing compound and by combinations thereof, as herein specified. 1. Provide moisture curing by following methods: a. Keep concrete surface continuously wet by covering with water. Continuous water -fog spray. ' b. Covering concrete surface with specified absorptive cover, thoroughly saturating cover with water and keeping continuously wet. Place absorptive cover to provide coverage of concrete surfaces and edges, with 4" lap over adjacent absorptive covers. 2. Provide moisture -cover curing as following: a. Cover concrete surfaces with moisture -retaining cover for curing concrete, placed in widest practicable width with sides and ends lapped at least 3" and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. I 369/94 COL CONCRETE WORK Section 03.300 Page 11 C. Curing Unformed Surfaces: Initially cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by moist curing. 1. Final cure unformed surfaces, unless otherwise specified, by methods specified above, as applicable. 2. Final cure concrete surfaces to receive liquid floor hardener or finish flooring by use of moisture - retaining cover, unless otherwise directed. 3.09 MISCELLANEOUS CONCRETE ITEMS A. Fill-in holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after work of other trades is in place. Mix, place and cure concrete as herein specified, to blend with in -place construction. Provide other miscellaneous concrete filling shown or required to complete work. 3.10 CONCRETE SURFACE REPAIRS A. Patching Defective Areas 1. Repair and patch defective areas with cement mortar immediately after removal of forms, but only when acceptable to Architect. 2. Cut out honeycomb, rock pockets, voids over 1/4" in any dimension, and holes left by tie rods and bolts, down to solid concrete but, in no case to a depth of less than V. Make edges of cuts perpendicular to the concrete surface. Before placing cement mortar or proprietary patching compound, thoroughly clean, dampen with water and brush -coat the area to be patched with neat cement grout, or proprietary bonding agent. 3. For exposed -to -view surfaces, blend white portland cement and standard portland cement so that, r when dry, patching mortar will match color surrounding. Provide test areas at inconspicuous location to verify mixture and color match before proceeding with patching. Compact mortar in place and strike -off slightly higher than surrounding surface. rot f B. Repair of Formed Surfaces 1. Remove and replace concrete having defective surfaces if defects cannot be repaired to satisfaction of Architect. Surface defects, as such, include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, fins and other projections on surface; and stains and other discolorations that cannot be removed by cleaning. Flush out form tie holes, fill with dry pack mortar, or precast cement cone plugs secured in place with bonding agent. 2. Repair concealed formed surfaces, where possible, that contain defects that adversely affect the durability of the concrete. If defects cannot be repaired, remove and replace the concrete. C. Repair of Unformed Surfaces 1. Test unformed surfaces, such as monolithic slabs, for smoothness and to verify surface plane to tolerances specified for each surface and finish. Correct low and high areas as herein specified. Test unformed surfaces sloped to drain for trueness of slope, in addition to smoothness, using a template having required slope. t a 369194 COL CONCRETE WORK Section 03.300 Page 12 2. Repair finished unformed surfaces that contain defects which adversely affect durability of concrete. Surface defects, as such, include crazing, cracks in excess of 0.01" wide or which penetrate to reinforcement or completely through non -reinforced sections regardless of width, spalling, pop -outs, honeycomb, rock pockets, and other objectionable conditions. 3. Correct high areas in unformed surfaces by grinding, after concrete has cured at least 14 days. 4. Correct low areas in unformed surfaces during, or immediately after completion of surface finishing operations by cutting out low areas and replacing with fresh concrete. Finish repaired areas to blend into adjacent concrete. Proprietary patching compounds may be used when acceptable to Architects. 5. Repair defective areas, except random cracks and single holes not exceeding 1" diameter, by cutting out and replacing with fresh concrete. Remove defective areas to sound concrete with clean, square cuts and expose reinforcing steel with at least 3/4" clearance all around. Dampen concrete surfaces in contact with patching concrete, and brush with a neat cement grout coating or concrete bonding agent. Mix patching concrete of same materials to provide concrete of same type or class as original concrete. Place, compact and finish to blend with adjacent finished concrete. Cure in the same manner as adjacent concrete. 6. Repair isolated random cracks and single holes not over 1" in diameter by dry -pack method. Groove top of cracks and cut-out holes to sound concrete and clean of dust, dirt and loose particles. Dampen cleaned concrete surfaces and brush with neat cement grout coating or concrete bonding agent. Mix dry -pack, consisting of one part, Portland cement to 2 1/2 parts fine aggregate passing a No. 16 mesh sieve, using only enough water as required for handling and placing. Compact dry -pack mixture un place and finish to match adjacent concrete. Keep patched area continuously moist for not less than 72 hours. D. Use epoxy -based mortar for structural repairs, where directed by Architect. E. Repair methods not specified above may be used, subject to acceptance of Architect. 3.11 QUALITY CONTROL TESTING DURING CONSTRUCTION A. The Owner will employ a testing laboratory to perform all other tests and to submit test reports. B. , Sampling and testing for quality control during the placement of concrete may include the following, as directed by the Architect. 1. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94. 2. Slump: ASTM C 143; one test for each concrete load at point of discharge; and one test for each set of compressive strength test specimens. 3. Air Content: ASTM C 173, volumetric method for lightweight concrete; ASTM C 231 pressure for normal weight concrete; one for each set of compressive strength test specimens. 4. Concrete Temperature: Test hourly when air temperature is 40 degrees F. and below, and when 80 degrees F. and above; and each time a set of compression test specimens are made. 5. Compression Test Specimen: ASTM C 31; one set of 4 standard cylinders for each compressive r i ' .369/94 COL CONCRETE WORK Section 03.300 Page 13 strength test, unless otherwise directed. Mold and store cylinders for laboratory cured test specimens except when field -cure test specimens are required. 6. Compressive Strength Tests: ASTM C 39; one set for each 100 cu. yds. or fraction thereof, of each concrete class placed in any one day or for each 5000 sq. ft. of surface area placed; 1 specimen tested at 7 days for information only, 2 specimens tested at 28 days, and 1 specimen retained in reserve for later testing if required. The acceptance test results shall be the average of the strengths of the two specimens tested at 28 days. a. When the frequency of testing will provide less than 5 strength tests for a given class of concrete, conduct testing from at least 5 randomly selected batches or from each batch if fewer than 5 are used. b. When the total quantity of a given class of concrete is less than 50 cu. yds., the strength test may be waived by the Architect if, in his judgment, adequate evidence of satisfactory strength is provided. c. When the strength of field -cured cylinders is less than 85% of companion laboratory -cured cylinders, evaluate current operations and provide corrective procedures for protecting and curing the in -place concrete. C. Test results will be reported in writing to the Architect, Engineer and the Contractor on the same day that tests are made. Reports of compressive strength tests shall contain the project identification name and number, date of concrete placement, name of concrete testing service, concrete type and class, location of concrete batch in the structure, design compressive strength at 28 days, concrete mix proportions and materials; compressive breaking strength and type of break for both 7-day and 28-day tests. D. Additional Tests: The testing service will make additional tests of in -place concrete when test results indicate the specified concrete strengths and other characteristics have not been attained in the structure, as directed by the Architect. The testing service may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed. Contractor shall pay for such tests conducted, and any other additional testing as may be required, when unacceptable concrete is verified. End of Section i a f" 369/94 COL METAL FABRICATIONS Section 05.500 Page 1 PART 1 GENERAL 1.01 RELATED DOCUMENTS A. The general provisions of the Contract, including General Conditions and General Requirements (Division 1), apply to the work specified in this section. 1.02 DESCRIPTION OF WORK A. The extent of miscellaneous metal work is shown on the Drawings and includes items fabricated from metal shapes, plates, angles and pipe which are not a part of other metal systems in other sections of these specifications. B. Provide all labor, material, equipment and services necessary for the furnishing and installing of miscellaneous fabricated metal items as shown on the Drawings and specified herein. C. The work in this section includes all steel guardrails, sleeves and supports 1.03 QUALITY ASSURANCE A. Take field measurements prior to preparation of shop drawings and fabrication. Assume responsibility for accuracy of such dimensions and for proper fitting and assembly of work. B. Preassemble items in shop to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Assemble with as few joints as possible. Clearly mark units for reassembly and coordinated 'installation. C. All welding shall be done in strict accordance with the American Welding Society's "Code for Welding in Building Construction" (AWS D1.0), latest edition. D. Drill, cut, punch and tap metal items as required for anchoring and accommodating work of other trades. Reinforce where required. Design and fabricate so that items will not be distorted or fasteners overstressed due to expansion and contraction. E. The American Institute of Steel Construction's "Specification for the Design, Fabrication and Erection of Structural Steel for Buildings" and "Code of Standard Practice: for Steel Buildings and Bridges", latest editions, and hereby included by reference, and are a part of the Specifications for this division of work to the same extent as if written out in full and bound herewith, insofar as they are applicable and not iin conflict with these Specifications. 1.04 SUBMITTALS A. Submit manufacturer's specifications, anchor details and installation instructions for products to be used un the fabrication of miscellaneous metal work. Include paint products. Indicate by transmittal that copy of instructions has been distributed to Installer. 369/94 COL METAL FABRICATIONS Section 05.500 Page 2 B. Submit shop drawings for fabrication and erection of miscellaneous metal assemblies, including handrail systems. Include plans, elevations, details, sections and connections. Show anchorages and accessory items. PART 2 PRODUCTS 2.01 MATERIALS A. Metal Surfaces, General: For fabrication of miscellaneous metal work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. B. Structural Steel Plates, Shapes and Bars: ASTM A36. C. Primer: SSPC Paint 15; Type 1, red oxide. D. Provide all necessary bolts, angles, clips, liangers, screws and other items required for a complete and satisfactory assembly and installation. E. Headed Stud Type Shear Connectors: ASTM A108, Grade 1015 or 1020, cold finished carbon steel, with dimensions complying with AISC specifications. F. Concrete Expansion Anchors: Sleeve type anchors meeting Federal Specifications FF-S-325, Group II, Type 3, Class 3 or Wedge Type anchors meeting Federal Specifications FF-S-325, Group II, Type 4, Class 1. G. Steel guardrails shall be 1-1/4 inch nominal diameter. 2.02 FABRICATION, GENERAL A. Use materials of size and thickness shown, or if not shown, of required size and thickness to produce strength and durability in finished product. Work to dimensions shown or accepted on shop drawings, using proven details of fabrication and support. Use type of materials shown or specified for various components of work. B. Form exposed work true to Tune and level accurate angles and surfaces and straight sharp edges. Ease exposed edges to a radius of approximately 1/32" unless otherwise shown. Form bent -metal corners to smallest radius possible without causing grain separation or otherwise impairing work. C. Weld corners and seams continuously, complying with AWS recommendations. Grind exposed welds smooth and flush, to match and blend with adjoining surfaces. D. Form exposed connections with hairline joints, flush and smooth, using concealed fasteners wherever possible. Use exposed fasteners of type shown, or if not shown, phillips flat -head (countersunk) screws or bolts. E. Provide for anchorage of type shown, coordinated with supporting structure. Fabricate and space anchoring devices as shown and as required to provide adequate support for intended use. i. 369/94 COL METAI, FABRICATIONS Section 05.500 Page 3 F. Cut, reinforce, drill and tap miscellaneous metal work as required to receive finish hardware and similar items. G. Shop paint miscellaneous metal work. H. Remove scale, rust and other deleterious materials before applying shop coat. Clean off heavy ` rust and loose mill scale in accordance with SSPC SP-2 "Hand Tool Cleaning: or SSPC SP-3 "Power Tool Cleaning;, or SSPC SP-7 "Brush -Off Blast Cleaning." I. Remove oil, grease and similar contaminants in accordance with SSPS SP-1 "Solvent Cleaning." J. Immediately after surface preparation, brush or spray on primer in accordance with manufacturer's i instructions, and at rate to provide uniform dry film thickness of 2.0 mils for each coat. Use painting methods which will result in full coverage of joints, corners, edges and exposed surfaces. K Apply one shop coat to fabricated metal items, except apply 2 coats of paint to surfaces inaccessible after assembly or erection. 2.03 STRUCTURAL STRENGTH OF GUARDRAIL SYSTEMS A. The structural strength of guardrails, fasteners, and mounting devices shall meet the following specification: 1. Bending stress in a guardrail induced by the maximum -bending moment from the application of 250 lbf (1112N) shall be less than the allowable stress for the material of the guardrail. 2. Shear stress induced in a guardrail by the application of 250 lbf (1112N) shall be less than the allowable shear stress for the material of the handrail. If the connection between the guardrail r and its mounting bracket or other support is considered to be fully restrained, then direct and torsional shear stresses shall be totaled for the combined shear stress, which shall not exceed the allowable shear stress. 3. Shear force induced in a fastener or mounting device from the applications of 250 lbf (1112N) shall be less than the allowable lateral load of either the fastener or mounting device or the supporting structure, whichever is the smaller allowable load. 4. Tensile force induced in a fastener by a direct tension force of 2501bf (1112N) plus the maximum moment from the application of 250lbf (1112N) shall be less than the allowable withdrawal load between the fastener and the supporting structure. 5. Guardrails shall not rotate within their fittings. 2.04 GUARDRAIL PROTECTIONS A. A handrail and any wall or other surface adjacent to it shall be free of any sharp or abrasive elements. B. Edges shall have a nninimum radius of 1/8 in (3.2 nnm). 2.05 MISCELLANEOUS METAL ITEMS A. Provide miscellaneous steel framing and supports which are not a part of other sections of the work. 369/94 COL METAL FABRICATIONS Section 05.500 Page 4 B. Fabricate miscellaneous units to sizes, shapes and profiles shown or, if not shown, of required dimensions to receive adjacent other work to be retained by framing. Except as otherwise shown, fabricate from structural steel shapes and plates and steel bars, of welded construction using mitered corners, welded brackets and splice plates and minimum joints for field connection. Cut, drill, and tap units to receive hardware and similar items. PART 3 EXECUTION 3.01 GUARDRAIL FABRICATION A. Fabricate guardrails and railing systems to comply with requirements indicated for design, dimensions, details, finish, and member sizes, including wall thickness of hollow members, post spacings, and anchorage, but not less than those required to support structural loads. B. Preassemble railing systems in shop to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Clearly mark units for reassembly and coordinated installation. Use connections that maintain structural value of joined pieces. Clearly mark units for reassembly and coordinated installation. C. Form changes in direction of railing members by bending. D. Form simple and compound curves by bending pipe in jigs to produce uniform curvature for each repetitive configuration required; maintain cylindrical cross-section of pipe throughout entire bend 'without buckling, twisting, cracking, or otherwise deforming exposed surfaces of pipe. . E. If required for the conditions of this Contract, fabricate railing.systems and guardrails for connection of members by welding. For connections made during fabrication, weld corers and seams continuously to comply with the following: 1. Use materials and methods that miiinnize distortion and develop strength and corrosion resistance of base metals. 2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4, At tee and cross intersections, notch.ends of intersecting members to fit contour of pipe to . which end is joined and weld all around. 5. At exposed connections, finish exposed welds and surfaces smooth and blend so that no roughness shows. The finishing and contour of welded surface shall match adjacent surfaces. F. Provide inserts and other anchorage devices for connecting guardrails and railing systems to flooring system. Fabricate anchorage devices capable of withstanding loadings imposed by guardrails and railing systems. Coordinate anchorage devices with supporting structure. 3.02 INSTALLATION A. Provide anchorage devices and fasteners where necessary for securing miscellaneous metal items to in -place construction; including threaded fasteners, toggle bolts, through -bolts, screws and other connectors required. B. Perform cutting, drilling and fitting required for installation of miscellaneous metal items. Set work accurately in location alignment and elevation, plumb, level, true and free of rack, measured A i t 369/94 COL METAL FABRICATIONS Section 05.500 Page 5 from established lines and levels. C. Fit exposed connections accurately together to form tight hairline joints. Weld connections which are not to be left as exposed joints, but cannot be shop welded because of shipping size limitations. Grind joints smooth and touch-up shop paint coat. Do not weld, cut or abrade the surfaces of exterior units which have been hot -dip galvanized after fabrication, and are intended for bolted or screwed field connections. D. Comply with AWS Code for procedures of manual shielded metal arc welding, appearance and quality of welds made, and methods used in correcting welding work. E. Immediately after erection, clean field welds, bolted connections, and abraded areas of shop paint, and paint exposed areas with same material as used for shop painting. Apply by brush or spray to provide a minimum dry film thickness of 2.0 mils. 3.03 CLEANING A. All exposed portions of metal fabrication installations shall be cleaned and ready for painting by others. End of Scction i 369/94 COL CAULKING AND SEALANTS Section 07.900 Page 1 PART 1 GENERAL 1.01 RELATED DOCUMENTS A. The general provisions of the Contract, including General Conditions and General Requirements (Division 1), apply to the work specified in this section. 1.02 DESCRIPTION OF WORK A. Perform all work required to complete the joint preparation, joint packing or filler, priming, caulking and sealing indicated by the Drawings and specified herein. B. Seal all appropriate joints associated with the work to completely weatherproof the flashing systems. C. Furnish all supplementary items necessary to provide an air and watertight seal at all locations requiring sealant. 1.03 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. Somneborn Building Products, Inc. 3. Products Research and Chemical Corporation. 4. Tremco Manufacturing Company 5. W. R. Grace and Company 6. General Electric Company 7. Manneco International, Inc. 8. Gibson-Homans Company. 1.04 DELIVERY AND STORAGE A. Deliver materials in unopened containers as packaged by the manufacturer. Store in a manner to protect materials from the weather. 1.05 SUBMITTALS A. Submit manufacturer's published data for sealants. Show each color available. Color selection will be by the Architect. r"1 B. When requested by the Architect, submit samples of cured sealants and a 6" long sample of each type of joint backup if required. I,.. C. Provide a five (5) year product warranty for installed sealants which fail to provide and watertight seal, exhibit loss of adhesion or cohesion, or do not cure. PART 2 PRODUCTS r 369/94 COL CAULKING AND SEALANTS Section 07.900 Page 2 2.01 MATERIALS A. Sealant shall be equal to Vulkem 116 polyurethane sealant as manufactured by Mameco International, Inc. of Cleveland, Ohio. B. Backing Rods shall be closed cell polyethylene or open cell polyurethane as recommended by the sealant manufacturer for the application conditions encountered. C. Traffic Grade Sealant shall be equal to Vulkem 45 polyurethane joint sealant manufactured by Mameco. D. Sealant Primer shall be as recommended by the sealant manufacturer for each type of surface application. PART 3 EXECUTION 3.01 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, OR, grease, water surface, dirt, frost, old caulking material and previously applied paint or primer. C. Prime and prepare surfaces in strict accordance with sealant manufacturer's written instructions and recommendations. D. Report unsatisfactory surfaces to the Architect. 3.02 APPLICATION OF SEALANTS A. Follow sealant manufacturer's 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 completely fill joints. D. Apply sealant over entire exposed joint of stone copings. E. 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. 3.03 CLEANING A. Clean adjacent surfaces of sealant excesses or smears. Use solvent or cleaning agent as recommended by sealant manufacturer. 369/94 COL CAULKING AND SEALANTS Section 07.900 Page 3 B. Leave all finished work in a neat, clean condition. C. Remove all debris resulting from these operations from the site. End of Section R 4 369/94 COL LATH AND PLASTER Section 09.200 Page 1 PART 1 GENERAL 1.01 RELATED DOCUMENTS A. The general provisions of the Contract including General Conditions and General requirements g P � g q (Division 1), apply to the work specified in this section. 1.02 DESCRIPTION OF WORK A. The extent of plaster work is are shown on the Drawings and is specified herein. B. Perform all work required to complete all lath and plastering where indicated on the Drawings. C. Furnish all supplementary items necessary for a complete and satisfactory installation. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS t" A. Material manufactured by any of the following manufacturers is acceptable, provided it complies F with the Contract Documents. i 1. LATHING a. United States Gypsum USG b. National Gypsum Company NG r ' c. Inryco, Inc. MILCOR d. Keene, Inc. �.. 2. GYPSUM a. United States Gypsum Company USG b. National Gypsum Company NG 3. PORTLAND CEMENT r' a. Lone Star is b. Trinity c. Texas Industries, Inc. ,,. d. El Toro i 2.02 MATERIALS A. FLAT RIB METAL LATH: Of copper -bearing steel; galvanized coated after cutting; 3.4 lbs. per square yard. �- B. CASING BEADS: Equal to USG Casing Beads with expanded metal lath. t ` C. CORNER BEADS: Equal to USG 1-A Expanded Corner Bead. f, 369/94 COL LATH AND PLASTER Section 09.200 Page 2 D. PORTLAND CEMENT: ASTM C150, Type 1. E. MORTAR: Equal to "Rich" mortar by El Toro. F. SAND: ASTM C35, ANSI A42.2 gradation. G. WATER: Clean, fresh, suitable for domestic consumption, free from such mineral or organic substances that would affect the set of the plaster. H. FINISH COAT: Gypsum Gauging Plaster, meeting ASTM C 28. 2.03 MIXING A. Mix all plaster in a mechanical batch type mixer at the job site according to manufacturer's directions. Provide waterproof protection under mixer and water barrels if mixing is done in the building. B. Clean mixer and tools after each batch. Do not retemper or use partially set material. Do not use caked or lumpy material. PART 3 EXECUTION 3.01 PREPARATION A. Inspect surfaces to receive plaster and report unsatisfactory conditions to the Architect. Proceeding with plastering operation shall imply acceptance,of surfaces to receive plaster. B. Examine all grounds, corner beads, screeds, etc., to see that they are straight plumb, level, square or true to the required angles before applying plaster. C. Protect adjacent finished surfaces from damage during plastering. 3.02 INSTALLATION A. Securely attach metal lath to steel sheet substrate at all locations to receive plaster. B. Apply scratch, brown and finish coats of plaster in strict accordance with the manufacturer's written instructions and recommendations. C. Thickness of plaster shall not be less than 3/4 inch. 3.03 PATCHING AND REPAIRS A. Replace broken or damaged portions of plaster and repair with new work. Repair cracks by cutting out plaster to a width or not less than 1", undercut to form key and plaster full and smooth. Moisten edges of patch areas before new plaster is applied. 3.04 FINISH TEXTURE A. Finish texture shall be troweled smooth for paint finish. 369/94 COL LATH AND PLASTER 7 Section 09.200 Page 3 3.05 CLEANING ro A. Clean floors, ledges or other surfaces soiled by plaster operations. Remove from the premises all ssurplus materials, rubbish and debris resulting from the work. r End of Section 't 6 + SPECIAL CONDITIONS I ral NOTICE OF ACCEPTANCE TO: The City of Lubbock, having considered the proposals submitted and opened on the day of 199_, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 199_ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (51/6) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and fiunish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative F F Page is too large to OCR. IV4" 5 ROUND Et;OES AT WWF TOP OF PLATE 220A. CORRUGATED METAL. DECK (0.6C26 GALVAMZED FORM W/ 6X6 WL4XWL4 WWF) 5"X5"XV4" BENT PLATE e ° PLASTER I 3000 PSI CONCRETE I/g" FLAT RIB LATLI I 160A. PLATE I EXj5T1NG STEP 6EALANT 6W MATERIAL L 3"X3V2"XV4" L 3"X2V2"XV4" CONT. 0 24" O.G. COLISEUM ACCESSIBLE SEATNG PLATFORMS ADDENDUM NUMBER ONE BID # 13059 SEPTEMBER 22, 1994 4/A--2 PLASTER DETAIL @ STEPS SCALE, 3" " r-0" IV4" STD. PIPE GUARDRAIL ROUND EDGES AT TOP OF 2 V4" l PLATE EPDXY FILL ESCUTC14EON 3000 PSI CONCRETE 2" DIA. STD. SLEEVE STUD LEG PIPE SLEEVE TACK WELD TO PLATE ' N d 5"X5"XV4" BENT PLATE __�+�.� N a PLASTER VT FLAT RIB . 26GA. CORRUGATED METAL DECK (0.6C26 GALVANIZED LATH FORM W/ 6X6 WL4XWt4 WWF) L WXAti XV4" CONT. 16GA. STEEL PLATE ..f . L 3"X2V27XV4" ° 24" O.C. 4.. }� COLISEUM ACCESSIBLE SEATING PLATFORMS ADDENDUM NUMBER ONE BID # 13059 SEPTEMBER 22, 1994 3/A-2 GUARDRAIL DETAIL SCALED 3" - r-O" Page is too large to OCR. Page is too large to OCR.