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Resolution - 2002-R0490 - Contract For LP&L Engineering Facility Roof Rennovations - Hamilton Roofing - 11_14_2002
Resolution No. 2002-RO490 November 14, 2002 Item No. 35 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for Lubbock Power and Light engineering facility roof renovations, by and between the City of Lubbock and Hamilton Roofing of Lubbock, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of November , 2002. MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: �w Victor Kilman, Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Contract-Hamilton Roofing.res Nov. 1, 2002 No Text City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #220-02/RS, Addendum #1 ADDENDUM #1 ITB #220-02/RS LP&L Engineering Facility Roof Renovations MAILED TO VENDOR: October 10, 2002 CLOSE DATE: October 24, 2002 0 2:00 p.m. The following items take precedence over specifications for the above named. Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The correct closing date and time for this bid is October 24, 2002 @ 2:00 p.m. 2. Drawing Sheet Al The crickets shown on the roof plan at scuppers and roof drains are to be fabricated from manufacturer's standard tapered insulation and included in this scope of Work. No crickets presently exist on the roof. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBB CK Ron Shuffield Senior Buyer 220-02Add1 w•� ITB #220-02/R8, Addendum #2 1W P" P" PM City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #2 ITB #220-02/RS LP&L Engineering Facility Roof Renovations MAILED TO VENDOR: October 10, 2002 CLOSE DATE: October 24, 2002 a 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please find enclosed Addendum #2 from MWM Architects. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer 220-02Add2 MWMarchitects Robert C. Messersmith, Sr., AIA e.� T. Jeffery Whitaker, AIA David R. Messersmith, FAIA October 17, 2002 ADDENDUM NO. 2 LPBL ENGINEERING REROOF ARCHITECT'S PROJECT NO. 0101-1 sA� I?�C� �y 4 4t o x -4 76 3- . R' dF This document is released under the authority of David R. Messersmith, FAIA, registration no. 7633, on October 11, 2002, who maintains the original file. Pursuant to Rules 1.103(f), 3.103(f), and 5.113(f) of the Rules and Regulations of the Texas Board of Architectural Examiners, the user of this electronic document agrees to assume all responsibility for any modification to or use of this document that is inconsistent with the Rules and Regulations of the Texas Board of Architectural. Examiners. No person may make any modification to this electronic document without the above named Architect's express written permission. NOTICE TO ALL BIDDERS: The following shall be incorporated in and become a part of the original drawings and specifications of the above referenced Project. Please acknowledge receipt of this addendum by noting in on your proposal. ITEMS: 1. Downspouts a. All existing conductor heads and downspouts for the subject roof areas are to be replaced. Painted sheet metal materials of 26 gauge, per SMACNA,are required. Cast iron boots are to remain and be repainted to match the new downspouts. 2. Parapets over 2411 a. Detail MB 6 - High Parapet Wall Detail is attached to this Addendum. 3. Expansion Joint .., a. The existing expansion joint on the west wall of the subject roof area, adjacent to the newer portion of the building, is to be replaced under this contract. The expansion joint shall be of materials recommended by the roofing manufacturer and shall be covered under the roofing manufacturer's warranty. MWM Architects, Incorporated 2514 - 74'h Street - Suite 201 Lubbock, Texas 79423 806.745.7707 806.745.7620 (fax) Members of the American Institute of Architects ..n MWMarchitects Robert C. Messersmith, Sr., AIA en T. Jeffery Whitaker, AIA David R. Messerstnith, FAIA 4. Substitutions a. Requests for substitutions MUST be accompanied by comprehensive manufacturer's product literature, technical data, and itemized comparisons with the specified products. Requests that do not provide this information will not be considered. Such requests must be received by the architect not later than 72 hours before the bid deadline. ems, END OF ADDENDUM NO. 2 a, .*a x MWM Architects, Incorporated 2574 - 74`h Street - Suite 201 Lubbock, Texas 79423 806.745.7707 806.745.7620 (fax) Members of the American Institute of Architects Lm MB 6 - HIGH PARAPET WALL DETAIL pressure treated Nail 8' o.c. wood nailer Fasteners approx. 8" o.c. Metal cap flashing Slope min. , ---IT " � Continuous Continuou m metal cleat metal fastened cleat approx. 8" o.c. Ruberoid® modified 8"-24" bitumen wall flashing. min. -max Lap a rain, of 6" over 1 i base flashing. Fasteners as noted below Ruberold'9 modified bitumen base flashing meRuberoidv mbrane dified Base/ply i-� / f ' Rigid insulation pressure treated Note: wood nailer 1. Masonry walls to be primed prior to flashing. mechanically Wood walls require base sheet nailed to wall 9" fastened c.c. along top and laps, one per sq. ft. in the field. 2. Ruberold® wall flashing turned over edge a minimum of 114" (38 mm) or thickness of nailer, whichever Is greater. 3. Refer to Detail MB 7 for alternate wall flashing detail. 4. Fasten base flashing approx. 8" o.c. for heights up to 12" and 4" o.c. for heights up to 240. S. For wall flash ings In excess of 4', contact GAFMC Technical Services Helpiine at 800-766-3411. 6. Base flashing on all 15 & 20 yr. guarantee systems must have a base ply. Refer to Flashing Membrane Application and Flashing Specification Plate Sections. ITB #220-02/RS, Addendum #3 ram+ City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #3 ITB #220-02/RS LP&L Engineering Facility Roof Renovations MAILED TO VENDOR: October 23, 2002 CLOSE DATE: October 24, 2002 @ 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please find enclosed Addendum #3 from MWM Architects. All requests for additional information or clarification must be submitted in writing and directed to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: rshuffield@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Ron Shuffield Senior Buyer MWMarchitects Robert C. Messersmith, Sr., AIA �.. T. Jeffery Whitaker, AIA David R. Messersmith, FAIA October 21, 2002 .... ADDENDUM NO. 3 LP&L ENGINEERING REROOF ARCHITECT'S PROJECT NO. 0101-1 �Rv0 Ai? F OF 1� _ This document is released under the authority of David R. Messersmith, FAIA, registration no. 7633, on October 11, 2002, who maintains the original file. Pursuant to Rules 1.103(f), 3.103(f), and 5.113(f) of the Rules and Regulations of the Texas Board of Architectural Examiners, the user of this electronic document agrees to assume all responsibility for any modification to or use of this document that is inconsistent with the Rules and Regulations of the Texas Board of Architectural Examiners. No person may make any modification to this electronic document yvithout the above named Architect`s express written permission. NOTICE TO ALL BIDDERS: The following shall be incorporated in and become a part of the original drawings and specifications of the above referenced Project. Please acknowledge receipt of this addendum by noting in on your proposal. ITEMS: 1. Approvals The following products are approved for substitution for the specified GAF products: a. Intec Flex 190 FR (formerly Brai-Flex 170 FIR) SBS Modified.Bitumen , Roof Membrane - Specification: BF190-PP3MBP-RI - By U.S. Intec, Inc. Roof system shall be installed by a U.S. Intec Gold Applicator. END OF ADDENDUM NO. 3 MWM Architects, Incorporated 2574 - 74th Street - Suite 201 Lubbock, Texas 79423 806.745.7707 806.745.7620 (fax) Members of the American Institute of Architects CITY OF LUBBOCK .,. INVITATION TO BID FOR TITLE: LP&L ENGINEERING FACILITY ROOF RENOVATION ADDRESS: LUBBOCK, TEXAS rye r*, ITB NUMBER: 220-02/RS PROJECT NUMBER: 9769.8107.10000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT P r�* INDEX 1. NOTICE TO BIDDERS r 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT „., 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS r- e* e*+ No Text 0 NOTICE TO BIDDERS .. ITB #220-02/RS Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 10:00 o'clock p.m. on the 24th day of October, 2002, 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: "LP&L ENGINEERING FACILITY ROOF RENVATION" ems, After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. a Bids are due at 10:00 o'clock p.m. on the 24th day of October, 2002, and the City of Lubbock City Council will consider the bids on the 14th day of November, 2002, 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 in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without „r recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 10th day of October, 2002 at 10:00 o'clock a.m., in the Planning Conference Room 107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13th Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $100.00 refundable deposit per set. Plans and specifications may be obtained from MWM Architects, Inc., 2574 74th Street, Ste 201, Lubbock, Texas 79423, Phone: (806) 745-7707. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, .•. Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock ADA Coordinator at (806) 775-2018 at least 48 hours in advance of the meeting. CITY OF LUBBOCK --- VICTOR KIL N PURCHASING MANAGER !^r 7. �y GENERAL INSTRUCTIONS TO BIDDERS .. r� s GENERAL INSTRUCTIONS TO BIDDERS !" 1 BID DELIVERY, TIME_& DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish LP&L ENGINEERING FACILITY ROOF RENVATION per the attached specifications and contract documents. Sealed bids will be received no later than 10:00 p.m. CST, the 24th day of October, 2002 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #220-02/RS, LP&L ENGINEERING FACILITY ROOF RENOVATION" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager x City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the'requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 10:00 a.m. October 10th, 2002 in Planning Conference Room 107, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS Y 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. ,., 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. t Olt 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to - Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must a-= be submitted no later than five (5) calendar days prior to the opening of bids. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. '^ 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. p. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from !�*+ public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In a• the event that it is determined by opinion or order of the Texas Attorney General or a court of competent r ; jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be �-* made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 2 POW i 10 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. .�•, 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: RON SHUFFIELD, SENIOR BUYER City of Lubbock " 1625 13`h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: RShuffield@mail.ci.lubbock.tx.us 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be fully completed within NINETY (90) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work f ; contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the .. progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 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 3 I contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 16 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. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be *^ delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. �+ 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 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. - 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any �^ and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: ^* (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. t t 19 TEXAS STATE SALES TAX „19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve r the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 21 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 22 EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or �^ below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 23 CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. !" 24 INSURANCE 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do !^^ business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether 5 sue+ 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 ewe submitted before contract execution. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. #"'" 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations f7 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: r` 25.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 25.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the ,.,., copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees p: 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 r" whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each r-a calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 27 PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 6 I 28 PREPARATION FOR BID A•, 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. if the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing .., agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and R endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 29 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands, and agrees that the contract to be executed by bidder shall be bound and include the °+ following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. F. (d) Statutory Bond (if required). (e) Contract Agreement. '®4 (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 30 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations i; deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: p (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. 7 v*+ p e- ' (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. „31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole .. discretion. Unless otherwise specified herein, the City shall award the bid based on the Total Bid Amount. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to ` specifications is primary in determining the best low bid. Failure to comply with the specifications may s� result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the .� Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 8 7:1- 0 BID SUBMITTAL LUMP SUM BID CONTRACT DATE:October 24,2002 m PROJECT NUMBER: #220-021RS - LP$L ENGINEERING FACILITY ROOF RENOVATION Bid rif H Construction Systems, Inc. dba Hamilton Roofing (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a LP&L ENGINEERING FACILITY ROOF RENOVATION having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, P- materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. Dollars MATERIALS: Twelve Thousand Seven Hundred Twenty Nine _ ($ 12,729.00 ) SERVICES: Twenty Thousand Dollars ($ 90,000.00 ) .., Dollars TOTALBID: Thirty Two Thousand Seven Hundred Twenty Nine($ 32,_729.00 ) (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days P- thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $250 (TWO HUNDRED FIFTY) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. 1701 Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. PM The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the 4 plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on ,.. which he has bid; as provided in the contract documents. i �f JBidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for N/A Dollars ($ N/A ) or a Bid Bond in the sum of Five Percent Dollars ($ 5 % ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. IJ Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREF©RB, ANY CORRECTIONS TO THE BID PRICE MUST BE MA6t'ONTHE BID SUBMITTAL FORM PRIOR TOJBID OPENING. (Seal if Bidder is a Corporation) ATTES Secretary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date 10-10-2002 Addenda No. 2 Date 10-10-2002 Addenda No. 3 Date 10-23-2002 Addenda No. Date M/WBE Firm: America Date: October 24, 2002 Authorized Signature Louis W. Howell, II (Printed or Typed Name) H Construction Systems, Inc. d.b.a. Hamilton Roofing Company Company P. 0. Box 2703 Address Lubbock Lubbock City, County Texas 79408-2703 State Zip Code Telephone: 8_ 6 - 763-9375 Fax: 806 - 744-0640 Other 2. 3. 4. 5. 6. 7. 8. 9. J. POOR, I I RI 9 ufy�,Tfle- , MIRTATI a col W, Minority Owned Yes No Anthony Mechanical, Inc. 0 IN Berryhill Sewer Service ❑ Cy Dent Electric ❑ 0 IJ 9 0 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been �J reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. zl'-'�--4 V, Louis W. Howell, II Contractor (Signature) Contractor (Print) H Construction Systems, Inc. CONTRACTOR'S FIRM NAME: d.b.a. Hamilton Roofing Company f (Print or Type ) CONTRACTOR'S FIRM ADDRESS: P. 0. Box 2703 Lubbock, Texas 79408-2703 Name of Agent/Broker: Ince Insurance Agency Address of Agent/Broker: City/State/Zip: 7005 Salem Park Drive Lubbock, Texas 79424 Agent/Broker Telephone Number: ( 806) 797-4131 Date: October 24, 2002 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the Citv of Lubbock at (806) 775-2165. BID #220-02/RS - LP&L ENGINEERING FACILITY ROOF RENVATION o6/11/01 08:13 FAX 972 808 4755 SAFECO" FIRST NATIONAL SURETY BID BOND SAFECO SURETY Iaoo2 MILLENNIUM CORPORATE PARK eLDG. c 18400 NE UNION FILL ROAD RWMOND, WA 98062 KNOW ALL BY THESE PRESENTS, Tmrwe,H- Conetrrirti nn SWctamS, Tnr-- 'DBA Hamilton Runfins Company P.O. Box 2703 of Lubbock, Texas 79408 (hereinafter called the Principal), a as Principal, and FIRST NATIONAL INSURANCE COMPANY OF A ERICA (hereinafter called the Surety), as Surety are. held and firnily bound unto City of Lubbock } 2S 1'nth Street, Lubbock, TX 7 401 j (hereinafter called the Obligee) in the penal sun of Five Percent of the Maximum Amount of Bid. Dollars ($ 5 % ) for the pament of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, joinrly and severally, firmly by these presents. TIE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal �i to the Obligee on a contract for L P& l, Engineering F a c i l i t y Roof Bid #220-02/RS NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Pyi adpal shall, within such time as may be specified, enter uito the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the -W- "ul performance of the said Contract, then this obligation shall be void; otherwi5c to Tcmain in full force and effect Signed and sealed this 2 4 t h day of _ n r 1- 01ya r I g o n . H. Construction Systems, Inc. DBA Hamilton Roofing Company Witness Witness "n L " 5-0053/FNEF 10M (Seal) Principal /c,4: v, to, Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA ` by Shirley Cdfuch Attorney -in -Fact ® Registered irademark of SAFECO Corporation. r*n POWER OF ATTORNEY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 98105 No. 10473 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint L. INCE; FERN HOPPE; SHIRLEY COUCH; Lubbock, Texas•******»***********************s*s**s************* its true and lawful attomey(s)4n-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued the company in the course of its business, and to bind FIRS1 NATIONAL INSURANCE COMPANY OF AMERICA the 6' by Pa Y reby as fully a`s if such instruments had been duly executed by its regularly elected officers at its home office. .� IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of June 2001 r+� R.A. PIERSON, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall nol ,.., be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, f"a the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, RA. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, th Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this o� T day of S�RAN� Cp 'Alp cam fe SEAS. w N f.On S-10491FNEF Z'01 R.A. PIERSON, SECRETARY, &20/01 P e� ND CHECK TEST RATING ` LICENSED TEXAS E L Df' 8Y PAYMENT BOND F 1M PAYMENT BOND (McGregor Act - Public Works) Texas Bond 5973413 KNOWALL BY THESE PRESENTS, That, we, H. Construction Systems, Inc. DBA Hamilton Roofi Company PO Box 2703, Lubbock, Texas 79408 (hereinafter called the Principal), as Principal, and F; r G 1- Na t i o n g 1 Surety , a corporation organized and existing under the laws of the State of Washington , with its principal office in the City of c A a t t I o I , and authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock, 1625 13th Street, Lubbock, Texas 79401 (hereinafter called the Obligee) in the amount of Thirty two thousand seven hundred twenty—nine and no/100ths * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 2 0 th day of November 2002 , to wit: LP&L EnaineerinQ Facilitv Roof Renovation ITB #220-02/RS which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him/her or a sub -contractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2 0 th day of November 2002 H. Construction Systems, Inc. DBA Hamilton Roofing Company (Seal) Principal mw_, (Seal) By , (Seal) Max'L-Irice Attorney -in -Fact ew S-2170/GEEF 10199 J P— FIRSTNATI• POWER 4333 BROOKLYN AVE NE FIPST NATIONAL RANCE COMPANY OF AMERtG OF ATTORNEY SEATTLF- WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seattle, WA 98105 No. 10473 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a W ashington corporation, does hereby appoint .....v ~.., -. .'.. �•.-...... .«. .srtssN:i.siNi.sNtittiss.t♦N..itrtitistNfifM LINCE: FERN HOPPE,•SHIRLEY COUCH, Iub�ocic, tftitigiiitiNitiiNNNisiitiNtiNNffiiNiTexas' its true and lawful atto mey(s}in-tad, wrth ful! autt�oniy to exeaite on behalf of Use company fidelity and surety bondsor undeRaldngsother document character issued by the company In the course of Its business, and to bind FIRST NATIONAL)NSURANCE COMPANY OF AMERICA'thereby as fu .as if si instruments had been duly executed by its reguiarty elided officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of June 'tri* ke e R.A. PIERSON, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for u the officer !n of sure <. r p rpose by charge surety operations, shall each have authority to appoint individuals as attorneys -in -fad or under other appropriate tulles �uauthar execute on behalf of the company fidelity and surety bonds and other documents of sinu'lar character issued by the company in the course of its business... Or instrument making or evidendng such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bor undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal sha be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted duly 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. O The provisions of Article V, Section 13 of the By -Laws, and (ij� A copy of the powerof-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment Is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, RA Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws ar ,y Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-La1 Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this - ®. day of [;;;j S-1049/FNEF 2101 d ram+ , or PERFORMANCE BOND Bond 5973413 KNOW ALL BY THESE PRESENTS, That we, H. Construction Systems, Inc. DBA Hamilton Roofirn Company PO Box 2703, Lubbock, Texas 79408 (hereinafter called the Principal), as Principal, and First National Surety , a corporation duly organized under the laws of the State of W a s h i n g t o n (hereinafter called the Surety), as Surety, are held and firmly ." bound unto City of Lubbock 1625 13 t h Street, Lubbock, Texas 79401 , (hereinafter called the Obligee), inthesumofThirty two thousand seven hundred twenty—nine and no/100ths * * * * * * * * * * * * ($ 32,729.00 ) Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Signed and sealed this 2 0 t h day of November 2002 WHEREAS, said Principal has entered into a written Contract with said Obligee, dated 11 / 2 0 / 2 0 0 2 , for LP&L Engineering Facility Roof Renovation ITB #220-02/RS in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth �** herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within two (2) years following the date on which Principal ceased work on said Contract. H. Construction Systems, Inc. DBA Hamilton Roofing Company �/' Principal By �i _M First National Surety By L - - M a x L n c e Attorney=iw-Fact "" S-0757/GEEF 10/99 P .w 4333 Brooklyn Avenue N.E. Seattle, WA 98105 0" KNOW ALL BY THESE PRESENTS: POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE OF ATTORNEY SEATTLE, WASHINGTON 98106 No. 10473 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a W ashington corporation does hereby appant• L. INCE; HOPPE; SHIRLEY COUCH;1.iibbo`cic; Texasc s»»»ssss»sss»»sr»»sass»s»sarssss»sssssss»s its true and lawful alto s n-fact, with full a� r.•. rtley()-!,.., uthonty to execute on behalf of q pMpany fdelrty and surely Honda �ot,undertaldngs�and other documents of a simla character issued by `the �mpany in the course of its business, and to bind FIRST NATIONAL' INSURANCE COMPANY OF AMERICA thereby °as fully as if suet instruments had been duly executed by its reguiar'ly elected officers at its home offoe. = _,� •-, IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of June 20o 1 ZZ G� r � N 6 R.A. PIERSON, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Artide V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for th purpose by the officer in a of sure charge surety operations, shall each have authority to appoint ind'mduals as attorneys -in -fact or under other appropnate titles withauthoiity execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of itsJbusiness On ai instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall r be necessary to the validity of any such instrument or undertaking Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, O The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the pcwer�of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and c Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, Resolution and the Power of Attorney are stiii in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this Of 17, day of /�L�iYH�.l111G L R.A. PIERSON, SECRETARY 5-1049/FNEF 2101 I Eii or PM `ACERTIFICATE OF INSURANCE C DATE LIABILITY 12/03/24 2) PRODUCER (806) 797-4131 FAX (806)793-16.29 ,-� Ince Insurance Agency, Inc. !�" P. 0. Box 648SOPt Lubbock, TX 79464 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Shirley Couch INSURERS AFFORDING COVERAGE INSURED H. Construction Systems, �• M ;12—: 50 INSURER A: Bituminous Insurance Companies P.O. Box 2703 INSURERB: Texas Mutual Insurance Company Lubbock, TX 79408-2703 INSURERC: INSURER D: INSURER E: COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MM/DD LIMITS a GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I I OCCUR CLP3154096 12/01/2002 12/01/2003 _._. EACH OCCURRENCE $ L000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $—._-_ i,044,Off4 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: P'OLICYF-J J`ERCT LOC PRODUCTS - COMP/OP AGG $ 2 , QQQ, 0Q0 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CAP3154095 12/01/2002 12/01/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS -LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $. $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY SFOO10588202 12/01/2002 12/01/2003 TORYLMITS ER E.L. EACH ACCIDENT Is 500,000 E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE- POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERA- IONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIALPROVISIONS E: LP&L Engineering Facility Roof Renovation ITB#220-02/RS Aty of Lubbock is additiona insured for this job on general liability and auto. giver of Subrogation applies on general liability, auto and workers compensation. CERTIFICATE HOLDER Cityof Lubbock PO BOX 2000 Lubbock, TX 79457 ADDITIONAL INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE 11 i wACORD 25-S (7197) FAX: 775-2089 f I A CONTRACTOR SHALL: CONTRACTOR CHECKLIST 0M (1) 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; 4c (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (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; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: r 2 0 REQUIRED WORKERS' COMPENSATION COVERAGE .A "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: A provide coverage based on proper reporting of classification codes and payroll amounts and filing () P 9 P P P g P Y g 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; r*+ (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.❑ 3 I- U Q Z O U b CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 14TH day of NOVEMBER, 2002 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and HAMILTON ROOFING COMPANY of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: ITB #220-02/RS - LP&L ENGINEERING FACILITY ROOF RENVATION - $32,729.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock.ubbock County, Texas in the year and day first above written. �� ATTEST: City tecretary CITY OFVdBBOC4, TEX,4SWNER) By: MAYOR —err vvr=v i vie u� i /Cl/o I CONTRACTOR: Owner's Re resentaf . ?, //TIVi1LrOM l �filJi-f�./v�c-7—�'�i;wl�Rur A OVED AS O Bv�� f !L Y C ttorney If PRINTED NAME: TITLE: V,h/.Z_ ATTEST: COMPLETE ADDRESS: Corporate Secretary Hamilton Roofing Company P.O. Box 2703 �C Lubbock, Texas 79408 rl GENERAL CONDITIONS OF THE AGREEMENT M^i PSI GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party; is used, it shall be understood to mean the person, persons, co- partnership orcorporation, to wit HAMILTON ROOFING COMPANY who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative HARLAN STAUFFER FACILITIES MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects; engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative,. but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS a The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications; Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed,"' Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR ^° The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business -address known to the party who gives the notice. '8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all watery light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless ate! 1 otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be. necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the -amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall. be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) 15 I calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. �., The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. +*� 17. CONTRACTOR'S UNDERSTANDING t It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the i` work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the �** work, shall be sustained and borne by the Contractor at its own cost and expense. 18. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of f work'required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, �^ incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 3 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and — completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall' be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any �~ such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval ^ or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of'said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such _ tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 4 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK f:. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: A Method (A) - By agreed unit prices; or k Method (B) - By agreed lump sum; or k, , Method (C) - If neither Method (A) or Method (B)'be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable, and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for V" the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the'method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America,_ Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent " - (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." 5 No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. _. 20. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the p Y Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any _ manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The, safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, I are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor; in the event of self-insurance, may acquire by virtue of �., payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The, Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The Certificates of Insurance furnished by the Contractor and Subcontractors shall name the City of Lubbock as an additional insured. If no subcontractors will be used, said insurance certificate shall be w accompanied by a written statement from the Contractor stating to the effect that no work on this particular project shall be subcontracted. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, L0 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 non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job r� and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance — The Contractor shall have Umbrella Liability Insurance in the amount of $0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any — Subcontractor on the job with Employers Liability of at least $500,000.00. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the _ Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section ❑406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. — 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. — 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 8 (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. m 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: ,., (a) provide coverage, based on` proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas - Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (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 t the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will .�*++ provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance 9 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 Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: W a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 10 (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the- Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project; to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will ,. provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate _ insurance carrier or, in the case of a self -insured, with the commission's Division of Self-Insu,rance,Regulation. !�+ Providing false or misleading information may subject the - Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to _ the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MAT_ ERIALMEN AND -FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for'such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the -work, and without limiting, in any way, manner or form, 12 r-+ the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such ^! laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's .• Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Mori contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. r" 34. TIME FOR SUBSTANTIAL COMPLETION_ _AND _LIQUIDATED _DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner maywithhold permanently from Contractor's total compensation, the sum of $250 (TWO HUNDRED FIFTY) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the Work described herein is reasonable time for the completion of the Same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. 13 The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided — herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they — are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unitprice method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 14 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor,` and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41, PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance.of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by �*+ Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the �-» Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said .. partial payment is attributable. 43. SUBSTANTIAL COMPLETION .- Contractors hall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, 15 Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the — obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK l Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall, remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed, (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative. has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further, agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to`Contractor shall be required. 16 r*� After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and "+ equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for +••, under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective --nanners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. ••, In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. I In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. 17 The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to'exerese concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually — performed by Contractor and/or its subcontractors as sefforth' in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. _ 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. SPECIAL CONDITIONS In the event special conditions are contained herein,as part of the contract documents and said special conditions conflict.with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action, of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such, debris and also its tools, scaffolding, and surplus materials and shall leave the workroom clean or its equivalent. The work shall be'left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same 18 may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 19 CURRENT WAGE DETERMINATION RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A ^" City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 11.50 Air Conditioner Installer 12.50 Air Conditioner Installer -Helper 6.25 Asbestos Worker 9.00 Asbestos Supervisor 12.50 Bricklayer 12.50 +^ Bricklayer -Helper 7.00 Carpenter 11.00 Carpenter -Helper 7.00 Cement Finisher 8.00 Drywall Hanger 11.00 Electrician 13.75 Electrician -Helper 7.00 Equipment Operator -Heavy 9.50 Equipment Operator -Light 8.50 Floor Installer 9.50 Glazier 10.50 r+ Insulator-Piping/Boiler 11.50 Insulator -Helper 7.00 Iron Worker 11.00 Laborer -General 6.00 Mortar Mixer 6.00 Painter 9.50 Plumber 12.50 Plumber -Helper 7.00 Roofer 9.00 Roofer -Helper 7.00 ea Sheet Metal Worker 10.00 Sheet Metal Worker -Helper 7.00 Welder -Certified 11.00 4 ' .�., EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 r sue+ 2 s■* EXHIBIT C ^, Prevailing Wage Rates Overtime Rate ^** The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate 77 The rate for legal holidays shall be as required by the fair Labor Standards Act. e e, .n t x .�+ 3 I LP&L ENGINEERING RE -ROOF 0702-1 SECTION 07536 MODIFIED BITUMEN ROOFING RUBEROID MOP DESIGN LINE City of Lubbock LP & L Plant Lubbock, TX MWM Architects David Messersmith 2574 74h Street, Ste. 201 Lubbock, TX 79423 C � p r: c- f } MODIFIED BITUMEN ROOFING 07536-1 0702-1 LP & L ENGINEERING RE -ROOF 1.0 GENERAL 3 1.01 GENERAL NOTES 3 1.02 QUALITY ASSURANCE 1.03 JOB CONDITIONS 3 1.04 SYSTEMS DESCRIPTION _ 4 1.05 GUARANTEE REQUIREMENTS 4 1.06 SUBMITTALS 4 1.07 REFERENCES 4 1.08 MATERIAL, DELIVERY, STORAGE AND HANDLING 5 2.0 PRODUCTS 6 2.01 MANUFACTURER'S - MEMBRANE MATERIAL 6 2.02 MEMBRANE MATERIALS 6 2.03 SHEET MATERIALS 6 2.04 BITUMINOUS MATERIALS 7 2.05 MANUFACTURER'S - INSULATION 7 2.06 INSULATION 7 2.07 EDGE STRIP 7 2.08 CANT STRIP 7 2.09 ROOF SURFACING 7 2.010 RELATED MATERIALS 7 3.0 EXECUTION9 3.01 EXAMINATION 9 3.02 PROTECTION10 3.03 PREPARATION OF THE DECK 10 3.04 SURFACE PREPARATION 11 3.05 BITUMEN 12 3.06 INSULATION APPLICATION 13 3.07 CANT STRIPS 14 3.08 WOOD NAILERS 15 3.09 WOOD NAILERS ON STEEP SLOPES 15 3.010 ROOF TAPE 16 3.011 BASE SHEET APPLICATION 16 3.012 PLY SHEET APPLICATION 16 3.013 STEEP SLOPE APPLICATION 16 3.014 CAP MEMBRANE APPLICATION 17 3.015 FLASHING 18 3.016 BASE FLASHING SYSTEM 18 3.017 ACCESSORIES AND RELATED MATERIALS 21 3.018 SURFACING 24 3.019 CLEANING 24 07536-2 MODIFIED BITUMEN ROOFING Ta LP&L ENGINEERING RE -ROOF 0702-1 SECTION 07536 MODIFIED BITUMEN ROOFING 1.0 GENERAL 1.01 GENERAL NOTES �., A. These specifications are base upon the products of the GAF Corporation. Equal products by other manufacturers may be considered for approval as substitutions upon submission to the Architect not later than 72 hours prior to the bid date. B. Preceding the start up of job, the contractor shall decide to his satisfaction that all the specifications are workable as specified, that there is nothing that would deter the contractor's ,.., required warranty, and that no existing conditions at the site prevent the contractor from performing the job in a professional and safe manner. When the job starts, it will be assumed that the contractor approves the existing conditions and the specifications. _ B. Detailed drawings and dimensions contained in these specifications shall be assumed to be approximate. if work requirements at the jobsite disclose an alteration to the ,., dimensions of this specification, the contractor shall contact the Contractor Services of GAFMC at I- 800-ROOF-411. 1.02 QUALITY ASSURANCE s� A. All work performed by the contractor shall be done by competent, highly skilled workmen equipped with equipment and tools necessary to perform all construction in accordance with this specification and detail drawings. Any and all substandard work will be rejected. i B. The contractor shall develop and present a verifiable in-house contractor quality control program to the building owner, which can be followed during the construction of the GAFMC roof system. 1.03 JOB CONDITIONS A. Environmental Requirements: I. Work shall only begin when the contractor has decided to his satisfaction, that all specifications are workable as specified, and that the contractor can meet project and code requirements. 2. Do not begin work when inclement weather is forecast to occur prior to the anticipated time of completion of the work item. _ 3. The contractor shall be responsible for verifying the existing and forecasted weather conditions to determine when the conditions are acceptable for roof work. 4. Roof application shall not proceed when there is moisture present in any form on the deck including but not limited to rain, dew, ice, frost or snow. 5. Do not apply roofing membrane to a frozen deck. MODIFIED BITUMEN ROOFING 07536-3 0702-1 LP & L ENGINEERING RE -ROOF 6. Roof application shall not proceed when using hot asphalt when the ambient air temperature is below 457 (72C). 7. The contractor shall be prepared at all times to protect any uncompleted roof work from the rapid changes in the weather. If work continues during sudden rains to protect the interior of the building, then these areas shall be subsequently removed and replaced. 8. The contractor shall observe the provisions of Section 1.09, regarding material storage and handling of the roofing products in cold weather. B. Areas of the substrate where ponding water occurs shall be built up prior to the installation of the roof system. C. Do not remove anymore of the existing roof system than can be completely reinstalled with the new roofing system in the same day. D. Ensure that the roof deck is structurally sound to support the live and dead load requirements of the new roofing system and rigid enough to support construction traffic. Do not store or load the roof deck above its load capacity. 1.04 SYSTEMS DESCRIPTION A. SBS Modified Roofing System: 1. Insulation, fasteners, venting base sheet, asphalt, ply sheet, asphalt, ply sheet, asphalt and fire -retarding SBS granule surfaced modified bitumen, 1-3-1-MGFR, by GAFMC. 1.05 GUARANTEE REQUIREMENTS A. RUBEROID Diamond Pledge Ten (10) Year Roof Guarantee 1.06 SUBMITTALS A. Submit most recent GAFMC product samples and literature applicable to this specification. B. Submit photostat copy of GAFMC Master Contractor certificate. 1.07 REFERENCES A. National Roofing Contractors Association (NRCA) - Roofing and Waterproofing Manual B. Underwriters Laboratories (UL) - Fire Hazard Classification C. Factory Mutual Research Corporation (FM) - Approval Guide D. Sheet Metal Air Conditioning Contractors National Association, Inc. (SMACNA) - "Architectural Sheet Metal Manual" E. Asphalt Roofing Manufacturer's Association (ARMA) 07536-4 MODIFIED BITUMEN ROOFING _ LPBL ENGINEERING RE -ROOF 0702-1 F. ASTM C 12891 FS-1-11-1-1972/Gen. - Standard specification for Faced Rigid Cellular Polyisocyanurate Thermal Insulation Board. G. ASTM D 41 - Asphalt primer used in roofing, dampproofing and waterproofing H. ASTM D 312 - Asphalt used in roofing I. ASTM D 2178, Type IV - Asphalt impregnated glass (felt) mat used as an inter -ply in roofing and waterproofing .• J. ASTM D 4263 - Standard test method for Indicating Moisture in Concrete by the Plastic Sheet Method. K. ASTM D 4586 - Standard Specification for Asphalt Roof Cement, Asbestos -Free L. ASTM D 4897, Type 1/11- Asphalt impregnated glass (felt) mat used as a vented base sheet in roofing and waterproofing r r M. ASTM D 5147, Standard test method for sampling and testing modified bituminous sheet material. N. ASTM D 6164, Type I, Grade G - Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bitumen Sheet Materials Using Polyester Reinforcements. 1.08 MATERIAL, DELIVERY, STORAGE AND HANDLING A. Deliver materials to the jobsite on pallets, in manufacturer's original wrappers, with seals and labels intact, dry and undamaged. r� B. Seals and labels shall indicate material name. ..� C. At the job site, no more material should be stored than will be used within twe weeks. For periods longer than two weeks, the materials should be property warehoused, i.e., dry, ventilated, on pallets, etc. No more material should be stored on the roof thanycan be used within five days. When prolonged inclement weather threatens, i.e., rainy seasons, no more roofing materials should be supplied to the rooftop than can be used within two days D. Store materials in dry, protected areas in an upright position on pallets clear of the ground and moisture. Protect materials from freezing. E. Materials shall be stored above 56F (12.6'C) a minimum of 24 hours prior to application. 2.0 PRODUCTS 2.01 MANUFACTURERIS - MEMBRANE MATERIAL A. GAF Materials Corporation 1. RUBEROID MOP 170FR 2.02 MEMBRANE MATERIALS A. RUBEROID MOP 170 FR - Fire resistant, granule surfaced SBS modified asphalt membrane. Non -woven polyester reinforcement, by GAFMC. Thickness Typical Weight Typical Size !^ MODIFIED BITUMEN ROOFING 07536-5 0702-1 LP & L ENGINEERING RE -ROOF Thickness Typical Weight 4.0 mm 103 lbs./roll (160 mils) (46.7 kg) Typical Size 39.4" x 33.6' (1 m x 10.3 m) B. RUBEROID MOP 170 FR - Fire resistant, granule surfaced modified bitumen sheet shall be a prefabricated styrene butadiene styrene (SBS) modified asphalt membrane. Non woven polyester (1 80 g/m2) reinforcement, one (1) square roll, by GAFMC and shall meet or exceed the following physical properties when tested in accordance with ASTM D 6164 Type I Grade G: ■ Thickness 4.0 mm (160 mils) ■ Weight 103 lbs./roll (46.7 kg) ■ Roll Dimension 39.4" x 33.6 (1 m x 10.3 m) ■ Tensile Strength, O'F, (MD/XD) 100 Ibf/in (1 7.5 kN/m) ■ Elongation (Max load), O'F, (MD/XD) 70% ■ Tear Strength, O'F, (MD/XD) 95 lbf (422 N) ■ Low Temperature Flexibility Pass -57 (-21'C) ■ Dimensional Stability <0.5% ■ Compound Stability 220'F(104'C) ■ Granule Embedment <2.0 grams loss 2.03 SHEET MATERIALS A. Moisture resistant and flame retardant inorganic base sheet, asphalt coated with mineral granules, has 1/2"(inch) perforations, 3 in a row with groups spaced 3 inches apart on center: Conforms to or exceeds requirements of ASTM D 3672 Type II and ASTM D 4897, Type II and UL Type G2 BUR. Each roll contains one square of material, 39.4" x 32.6' (1 m x 9.9 m); 60 lbs. (27.3 kg), GAFGLAS STRATAVENT Eliminator Perforated, by GAFMC. B. Glass fiber asphalt saturated ply sheet, strong and lightweight. Conforms to or exceeds requirements of ASTM D 2178 Type IV and UL Type G1 BUR. Each roll _containsfive (5) squares (530 sq. ft.) of material, 39.4" x 161.8' (1 m x 49.3m), 40 lbs. (18.2 kg), GAFGLAS Ply 4, by GAFMC. 2.04 BITUMINOUS MATERIALS A. Asphalt bitumen: ASTM D 312 Type III B. Asphalt bitumen: ASTM D 312 Type IV C. Asphalt primer: ASTM D 41 Matrix 307 Standard Asphalt Primer, by BMCA 2.06 MANUFACTURER'S - INSULATION A. EnergyGuard Polylso Roof Insulation 2.06 INSULATION A. ASTM D 1289 / FS HH-1- 1972, Gen., Isocyanurate board, with a strong white or black fibrous glass facer, with the following characteristics: 1. Board Thickness: 1.6' 2. Thermal Resistance (R value) of 10.0 07536-6 MODIFIED BITUMEN ROOFING LPBL ENGINEERING RE -ROOF 0702-1 I 2.07 EDGE STRIP A. BMCA Tapered Edge Strip is designed to provide a smooth transition from horizontal to vertical surfaces or for transitions from lower to higher elevations. B. BMCA Tapered Edge Strip is made of Permalite rigid petlite insulation board. The tapered edge strips are flame resistant and easy to install. 2.08 CANT STRIP A. BMCA Cant Strip is designed to provide a smooth transition from horizontal to vertical surfaces (e.g. roof -to -wall transitions) or for transitions from lower to higher elevations. B. BMCA Cant Strip is made of Permalite rigid periite insulation board. The cant strips are flame resistant and easy to install. 2.09 ROOF SURFACING A. Mineral surfacing: 1. White 2.010 RELATED MATERIALS A. Mechanical Fasteners 1. Drill-Tec Standard Roofing Fastener: Alloy steel fastener with CRA 0 coating with a .220" diameter thread: Factory Mutual Standard 4470 Approved, #3 Phillips truss head or hex head, Drill -Tee Fasteners, by BMCA. 2. Drill-Tec 3" Galvalume Plate: Galvalume, 3" (7.5 cm) diameter, center hole .25" (inch), for use with Standard, Heavy Duty, CD-10, Fluted Nail or Toggle Bolt, Drill-Tec Fasteners, by BMCA. B. Standard Vents 1. A Metalastic Standard Vent is a spun aluminum vent, pre -flashed with modified bitumen designed to waterproof soil pipes and roofing protrusions. Metalastic Standard Vent, by MWeld. NOTE: Not for use over active pipes that emit steam or excessive moisture vapor, condensation may occur. Not for use over boiler or heaterffurnace vent pipes. C. Adjustable Vents 1. The Metalastic Adjustable Vent unit is a two-piece roof flashing unit consisting of a pre -flashed spun aluminum base and a flexible upper boot, allowing for waterproofing of tall or awkward roof protrusions. Metalastic Adjustable Vent by r� MWeld. D. Pre -Flashed Plumbing Vent 1. The Metalastic Plumbing Vent is a pre -flashed with modified bitumen membrane and is designed to waterproof vent pipes. Metalastic Plumbing Vent can be used as a pipe cover to replace finger and cap flashing on standard vent pipe details. MODIFIED BITUMEN ROOFING 07536-7 0702-1 LP & L ENGINEERING RE -ROOF Metalastic Plumbing Vent makes a quick and effective repair for cracked or leaky pipe flashing on existing roofs, Metalastic Plumbing Vent, by MWeld. E. Scuppers F. Drains The Metalastic Scupper is a pre -flashed metal through -wall roof drain designed for easy installation to aid in quick lateral removal of water. Metalastic Scupper, by MWeld. Metalastic Drain is a spun aluminum (or copper) roof drain with gravel guard, strainer cap, and waterproofing plumbing seal attached. Metalastic Drain is pre - flashed with modified bitumen and is available in full and insert sized to accommodate new construction and retrofit applications. Metalastic Drain, by MWeld. G. M-Curb System 1. M-Curb systems are composed of a structural urethane outer shell, bonded to the roof surface, filled with a 2" (50 mm) thick urethane rubber sealant. The urethane sealant, M-Thane, conforms to the shape of any roof penetration through a roof surface to protect the roof system from moisture. H. Expansion Joint Covers Roof expansion joint covers are factory fabricated assemblies used to accommodate three-dimensional joints in a roof structure. Heavy reinforced flexible cover with a flexible flame retardant foam bellows for support. Nailing flanges conform to curb irregularities, Metalastic Expansion Joint Covers, by BMCA. Gravel Guard 1. Three-piece fascia system with a unique roof flange design that creates a water and wind proof seal at the building perimeter, Gravel Guard MB, by MWeld. J. Liquid Fire Resistant Treatment Fireshield is a liquid, temporary fire retardant treatment that is pre -mixed and comes ready to be brushed, rolled or sprayed on various roofing components prior to the application of the base sheet or the roofing membrane. Upon application of liquid Fireshield in sufficient quantities to completely saturate wood surfaces, insulation, cant areas and other roofing components, including areas of penetration, the fire danger associated with the use of flame torches in the application of base sheets and/or modified bitumen membrane will be significantly reduced on a temporary basis. "THE WARNINGS AND PRECAUTIONS ON THE FIRESHIELD CONTAINER LABEL MUST BE READ, FULLY UNDERSTOOD, AND STRICTLY FOLLOWED WHIEN USING THIS PRODUCT. 07536-8 MODIFIED BITUMEN ROOFING _ n LP&L ENGINEERING RE -ROOF 0702-1 r-: 3.0 EXECUTION �., 3.01 EXAMINATION A. Verify that the surfaces and site conditions are ready to receive work. 77 B. Verify that the deck is supported and secured. C. Verify that the deck is cleaned and smooth, free of depressions, waves, or projections, and properly sloped to drains, valleys, eaves, scuppers or gutters. D. Verify that the deck surfaces are dry and free of ice or snow. E. Verify that all roof openings, curbs, pipes, sleeves, ducts, vents or other penetrations t" through the roof are solidly set, and that all flashings, tapered edges and cant strips, regrets, and wood nailers are secure and tight to the building as per this specification. F. The beginning of installation of the roof system signifies the contractor accept the existing conditions as being in compliance with the requirements of this specification. 3.02 PROTECTION A. Protect any adjacent building surfaces against damage from the installation of the roofing system. B. The contractor shall observe fire and safety precautions as recommended by Asphalt Roofing Manufacturer's Association and the National Roofing Contractors Association. C. Removal of the existing roof surface will be limited to the area that will be completely reroofed that day with the new roofing system. D. All debris from the roofing operations shall be removed daily from the roof deck and jobsite and disposed at an approved, suitable disposal site. 3.03 PREPARATION OF THE DECK A. Wood Decks (Plank/Heavy Timber) �-, 1. Wood boards must be at least 1" nominal thickness and have a nominal width of 4'-6". Tongue and groove or shiplap lumber is preferred to square edge material since subsequent shrinkage or warping of square edge planks may cause ridging �-+ of the roof system above adjacent boards. 2. All boards must have a bearing on rafters at each end and be securely nailed. 3. Lumber should be kiln dried. 4. Preservatives or fire retardants used to treat decking must be compatible with �-+ roofing materials. 5. Decking should be kept dry and roofed promptly after installation. 6. Knotholes or large cracks in excess of 14' (6 mm) should be covered with securely nailed sheet metal. -. MODIFIED BITUMEN ROOFING 07536-9 0702-1 LP & L ENGINEERING RE -ROOF 7. When light metal wall ties or other structural metal are exposed on top of the wood deck, cover them with a heavy ply of a roofing sheet, such as Stratavent Eliminator Nailable Base Sheet, extending 2"-6" (5.1 cm - 15.2 cm) beyond the metal in all directions. Nail in place before applying the base ply. 8. Attach an acceptable base sheet through flat metal caps or use nails with attached 1" (25 mm) square or round metal caps that have a minimum withdrawal resistance of 40 pounds each (178 N). 9. In all retrofit roof applications, it is required that deck be inspected for defects. Any defects are to be corrected as per deck manufacturer's recommendations and standards of the APA/Engineered Wood Association prior to new roof application. 3.04 SURFACE PREPARATION A. Complete tearoff 1. The existing system shall be completely removed dawn to deck. The deck shall be inspected, cleaned, repaired and otherwise conditioned to conform to the requirements of a new deck. 2. All old flashing must be removed and stripped from all walls, curbs, etc. 3. All existing composition and metal flashing must be removed and replaced. 4. All metal counter -flashing, metal coping and other metal work above the roof system must be inspected, and replaced or repaired as necessary to provide a watertight assembly. 5. Prime all masonry, metal and existing asphalt surfaces and substrate with Matrix 307 asphalt primer where roofing materials are to be adhered. 6. Inspect all roof drains and outlets. Remove existing drain flashings and replace broken or stripped bolts, clamping rings. Plastic drains are not acceptable. All drains, including retrofit or insert drains, must be sumped to promptly remove water from the roof surface and meet code requirements. 7. All rooftop equipment shall be carefully removed, stored as directed, and reinstalled after completion of the work. Nailers and curbs shall be removed and replaced with new treated lumber if necessary. All penetrations and expansion joints shall extend approximately 8" (20 cm) above the top of the finished roof surface. Openings shall be covered temporarily with plywood and roof membrane while equipment is stored elsewhere. Air intake and exhaust openings shall not be sealed but shall be hooded to permit flow of air. Ducts and equipment on legs shall be reinstalled so that there is sufficient clearance for future roof maintenance. Existing drains shall be completely cleaned or replaced. Broken or missing screens shall be replaced. 8. All work shall be coordinated so that all materials removed each day shall be replaced the same daywith the complete roofing system and sheet metal flashings. 3.05 BITUMEN A. Do not mix different types of asphalt. 07536-10 MODIFIED BITUMEN ROOFING LP&L ENGINEERING RE -ROOF 0702-1 B. Use only an ASTM D 312, Type III or Type IV Steep Asphalt. Type III asphalt may be used on slopes up to 1/2" per ft (4cm/m) Type IV asphalt must be used on all slopes greater than 1/2" per foot (4 cm/m) C. Discontinue application of asphalt over any substrate where foaming of asphalt is observed. D. Application with hot asphalt requires continuous, uniform interply mopping rates of 25lbs. +/- 20% per 100 square feet of roof area (1.2 kg/m2). Too little asphalt may result in voids, while too much asphalt can result in membrane slippage. E. When applying fiberglass base or fiberglass interply sheets, the point of application .� temperature of the asphalt must be at the Equiviscous Temperature (EVT) with a tolerance of +/- 257 (13.9C), at which a viscosity of 125 centipoise is attained. When using mechanical asphalt applicators, the target viscosity should be 75 centipoise. r-• F. For all SBS modified asphalt flashings; the minimum point of application temperature of the asphalt must be at the EVT or 4257 (218'C), whichever is greater, with a rolling bank (puddle) of mopping asphalt across the full width of the roll. G. The equiviscous temperature (EVT) for the asphalt can be found on the asphalt cartons or bills of lading. H. For substrates that absorb asphalt, apply the asphalt in sufficient quantity to assure the level of adhesion specified. I. Asphalt application shall not commence when the outside temperatures is below 45 F (7.2 C) unless cold weather application instructions such as using insulated piping and luggers to maintain the required asphalt temperature at the point of application and using ,., products stored above 55 F (12.6 C) for at least 24 hours prior to installation. J. The operator of the roofing bitumen kettle shall be fully trained and familiar with its safe operation and have the required safety equipment and clothing for his protection. K. Under no circumstances shall the roofing bitumen kettle be left unattended while operating. L. Accurate thermometers to check temperatures at the kettle and point of application are required. M. Do not heat the asphalt to or above its flash point. N. Do not hold the asphalt at temperatures above the finished blowing temperature for more than 4 hours. 0. Do not keep heated tankers above 325 F (163 C) overnight or weekends. P. The roofing bitumen kettle shall be placed a safe distance from the building up on plywood or a tarp to facilitate easy clean up. 3.06 INSULATION APPLICATION A. General: Do not apply roof insulation and roofing until all other work trades have MODIFIED BITUMEN ROOFING 07536-11 0702-1 LP & L ENGINEERING RE -ROOF completed jobs that require them to traverse the deck on foot or with equipment. A vapor retarder (membrane type) coated lightly with asphalt may be applied to protect the inside of the structure before the insulation and final roofing are installed. Before the application of the insulation, the vapor retarder must be carefully repaired. 2. Do not install wet damaged or warped insulation boards. 3. Install insulation boards with staggered board joints in one direction (unless taping joint). 4. Install insulation board snug. Gap between board joints must not exceed 1/4" (6mm). All gaps in excess of 1/4" (6 mm) must be filled with like insulation material. 5. Do not kick insulation boards into place. 6. Install insulation boards per insulation board manufacturer's requirements. 7. Edges of insulation board shall be mitered and filled at ridges and elsewhere to prevent open joints or irregular surfaces. Avoid breaking or crushing of the insulation at the comers. 8. Do not install insulation over old lightweight insulating concrete deck without the use of a vapor retarder. Do not install insulation over new lightweight insulating concrete. 9. For steep slope roof applications, if insulation is to be installed, mechanically attach insulation or mop between wood milers. B. EnergyGuardTM Polylso Insulation 1. The roof deck shall be smooth, dry, clean, and free of sharp projections and depressions. All wood nailers shall be the same thickness as.the insulation. 2. Set the insulation with long joints continuous. The short joints shall be staggered. Insulation shall be installed with coated side up. 3. Insulation thickness shall be uniform over common roof areas. 4. Boards shall be tightly butted against each other but shall not be kicked into position. Boards shall be cut to fit neatly against adjoining surfaces. 5. Insulation must not be left exposed to the weather. No more insulation shall be applied than can be completely covered with the finished roof each day. 6. It is recommended that the insulation be set in more than one layer. Additional layers of insulation shall be installed with the joints staggered in one direction, assuring,that board ends and sides touch all along their length. Press each board firmly in place. Stagger the joints of each additional layer by as much as possible in relation to the insulation joints in the layer(s) below to eliminate continuous vertical joints. 7. Individual layers of insulation must not exceed W (7.6 mm) in thickness nor total thickness of all layers should not exceed 5" (12.7 cm) without written approval of GAFMC Contractor Services. 07536-12 MODIFIED BITUMEN ROOFING _ -P&L ENGINEERING RE -ROOF 0702-1 8. Secure base layer of insulation to deck with appropriate fasteners and plates. ^ The insulation must be securely attached to the roof deck. A minimum FMRC 1- 60 attachment is recommended. Refer to FMRC Approval Guide for FM Fastening pattems. Factory Mutual requires fastener density increases in perimeter and comer areas for FM 1-60 and FM 1-90 or greater. Refer to FM Loss Prevention Data Sheets 1-7, 1-28, 1-29 and 1-49. 3.07 CANT STRIPS A. BMCA Perlite cant strips must be installed at the intersection of the roof and all walls, parapets, curbs, or transitions approaching 90 degrees, to be flashed. They shall be approximately 4" (10.2 cm) in horizontal and 4" (10.2 cm) in vertical dimension. The face of the cant shall have an incline of not more than 45 degrees with the roof. B. Wood cants shall be solid, and pressure treated for rot resistance. Fiberboard cants shall comply with Federal Specification LLL-1-535. Use solid wood cants when mechanical securement to cants is required or when solid wood cants will help stabilize the vertical wood milers at projections or expansion joint openings. C. Masonry cants shall be integrally cast to the wall and deck. They shall be finished and prepared re ared with the same care. as the. deck. The cant shall be so constructed that it provides a vertical offset equal in thickness to the roof insulation. ems+ D. Metal cant or metal curb strips are not approved. E. Cants shall always be installed on top of the roof insulation, or wood nailers. - F. Mechanically fasten cant where applicable. Otherwise, set in hot asphalt or Matrix Trowel Grade SBS flashing cement and install as shown in the flashing details section. G. Neatly fit all joints and miters. 3.08 WOOD NAILERS A. Wood nailers must be 3-1/2" (8.9 cm) minimum width or 1" (25 mm) wider than metal flange and minimum 1" (25 mm) thick and securely fastened to the deck. B. Wood nailers must be pressure treated and have water based preservatives. Petroleum or creosote base preservatives are not recommended because of possible incompatibility with asphalt -based products. C. Wood nailers are required at all eaves, gable ends, penetrations or wherever metal flanges must be'incorporated into the roof system. D. Nailers must be mechanically fastened to the deck. E. Wood nailers shall be the same thickness as tapered edge strip or insulation. F. For roof systems requiring perimeter venting, nailers shall be slotted. 3.09 WOOD NAILERS ON STEEP SLOPES A. If roof slope is 1 inch per foot but less than 2 inches per foot, (8.4 cm but less than 16.7 cm per meter) use wood nailers at the eave, at the ridge and at intermediate points of no more than 16 feet (4.9 m). All dimensions are from inside face to inside face of the wood �"'"' MODIFIED BITUMEN ROOFING 07536-13 0702-1 LP & L ENGINEERING RE -ROOF nailers. Ensure a snug fit with the courses of insulation, but where possible, avoid cutting the insulation. B. If roof slope is 2 inches per foot to 3 inches per foot (16.7 cm to 25.0 cm per meter), use wood nailers at the eave, at the ridge and at intermediate spacing of no more than 8 feet (2.4 m). All dimensions are from inside face to inside face of the wood milers. C. The roofs with slopes greater than 3 inches per foot (25.0 cm per meter) contact GAFMC Contractor Services at 1-800-ROOF-411. D. On ridges where insulation stops are required, treated wood nailers must be minimum 3- 1/2 inches (8.9 cm) wide and equal in thickness to the insulation, , Nailers shall be secured mechanically to the deck on both sides of the ridge. Where nailers meet, bevel edges to form a flush surface for membrane application. E. Nailers must be mechanically fastened to the deck installed at right angles to the direction of the slope. 3.010 ROOF TAPE A. Roof tape, if required over insulation joints, shall be laid evenly, smoothly and embedded in a uniform coating of hot steep asphalt with 4" (10.2 cm) end laps. Care is to be taken to assure smooth application of tape, and full embedment of the tape in the asphalt. B. Application of the asphalt and tape may be made by either "back mopping" the tape and pressing the tape into place or by use of taping machine (small felt layer) which will apply asphalt to the tape in a continuous operation. 3.011 BASE SHEET APPLICATION A. GAFGLASR STRATAVENTR Eliminator"" Perforated 1. STRATAVENTR EliminatorTm Perforated is rolled out granule side down, dry, over insulation and shall be lapped so flow of water is over or parallel to, but never against the laps. 2. Lap 2" (5.1 cm) on sides and 4" (10.2 cm) on ends. Turn sheet over roof edge and extend up above the top of the cant. 3.012 PLY SHEET APPLICATION A. GAFGLASR Ply 4 1. Two-ply application: Install 19-11/16" (50 cm) and 39-3/8" (100.0 cm) width starter plies, and follow with a second 39-3/8" (100.0 cm) width sheet with a maximum of 17-11/16" (44.9 cm) exposure, applied shingle style. Lap subsequent felts 20-11/16' (52.6 cm) with an 18-11/16" (47.5 cm) exposure and 6" (15.2 cm) on end laps. Stagger adjacent end laps a minimum 18" (45.7 cm) apart. 2. Embed the full width of each ply in hot asphalt in a uniform layer, without voids, at the rate of 25 lb/square (1.2 kg/m2) +/-20%. Each ply shall be lightly broomed as it is applied. Turn ply up to top of cant. 3. Stagger ply sheet side and end laps from underlying base sheet laps. 07536-14 MODIFIED BITUMEN ROOFING LP&L ENGINEERING RE -ROOF 0702-1 4. The ply sheet shall be applied so that the flow of water is over or parallel to, but never against the laps. 3.013 STEEP SLOPE APPLICATION A. Install all plies of base and ply sheets vertically on slopes of 1/2 inch per foot (4.2 cm per meter) and greater and back -nail them into wood_ nailers_or nailable decks approximately 4 inch (10.2 cm) from the leading edge of the sheets. All end laps must be at wood nailers and blind nailed into the wood nailer on 6-inch (15.2 cm) center. Use nails with integral metal heads at least 1 inch round or square. B. At ridges, base plies must extend across opposite sides of ridge, over the nailer and be fastened on 6-inch (15.2 cm) centers. An additional layer of base sheet shall be centered over the ridge overlapping the fasteners at least 6 inches (15.2 cm). C. At ridges, cap sheet must extend across opposite sides of ridge over the nailer and be fastened with screws and 3-inch (7.6 cm) plates on 8-inch (20.3 cm) centers. An additional full width ply of cap sheet shall be centered over the ridge to form a ridge cap overlapping the fasteners at least 6 inches (15.2 cm). 3.014 CAP MEMBRANE APPLICATION A. RUBEROIDR MOP 170FR Roof Membrane 1. The surface over which the membrane is to be installed shall be in accordance with this specification. 2. For slopes 1/2" per foot (4 cm per meter) and over, RUBEROIDR MOP membranes must be run vertically, parallel to roof slope and back nailed in accordance with steep slope applications. For slopes less than 1/2" per foot (4 cm per meter), install cap sheet perpendicular to slope. 3. . Cap sheet application: The cap sheet shall be RUBEROIDR MOP 170FR, roof membrane and shall start at the low point of the roof and progress to the high point. Install full width cap sheets, lapping 4" (10.2 cm) on the sides and 6" (15.2cm) on ends. Stagger adjacent end laps a minimum of 18" (45.7 cm) apart. All side and end laps must be staggered from underlying plies. 4. The coiled membrane shall be unrolled, placed upside down and allowed to "relax" prior to installation. Then rerolled to_apply. Care should be taken to insure that the cap sheet lays flat in the asphalt. There must be complete adhesion between the cap sheet and the mopping asphalt. Brooming-in may be necessary under certain conditions to insure that the cap sheet adheres solidly to the asphalt. Apply sufficient asphalt to avoid creating open channels where three or more membranes are lapped. 5. A minimum 3/8" (10 mm) asphalt flow -out must be obtained at all laps. Dry laps are not acceptable. Check all seams for full and uniform adhesion. Un-adhered seams must be lifted with a heated trowel and resealed with MatrixR 202 Select SBS flashing cement. 6. Install the RUBEROIDR SBS roof membrane in a full and uniform mopping of hot '^ asphalt applied at the rate of 25 lbs. per 100 square feet (1.2 kg/m2). ** MODIFIED BITUMEN ROOFING 07536-15 r 0702-1 LP & L ENGINEERING RE -ROOF 7. The asphalt temperature at point of application must be maintained at the asphalt's EVT or 4257 (218 C) whichever is greater; with a rolling bank (puddle) of mopping asphalt across the full width of the roll. 8. Matching granules may be broadcast into the asphalt flow -out at seams while hot to enhance the finished appearance of the membrane. It is not required for issuance of a GAFMC Guarantee. 9. All end laps must be staggered a minimum of 18" (45.7 cm) so that no adjacent end laps coincide. If end laps fall in line or are not staggered the proper distance, a full width of RUBEROIDR MOP membrane must be installed over the end laps. 10. All laps must be parallel or perpendicular to the slope of the roof such that theflow is never against the lap. 11. SBS membranes must not be applied during adverse weather or without precautionary measures in temperatures below 45 degrees F (7.2 C). 12. In cold weather, remove rolls from the heated storage only as they are being installed. Install membrane rolls immediately after removal from storage to avoid membrane cooling. Modified rolls must be at least 45 degrees F (7.2 C). 13. The use of insulated asphalt handling equipment is recommended in cold weather. 14. Mopping must not precede the roll by more than five feet. 15. If night stops or water cutoffs are needed at the end of the days work, they must be made of waterproof membrane and applied with hot asphalt or cold adhesive. Before restarting the job, all stops and cutoffs shall be cut out and completely removed. 3.015 FLASHING 3.016 BASE FLASHING SYSTEM A. General Instructions: 1. Refer to the construction details, which depict flashing requirements for typically encountered conditions. Install flashing materials as shown in the construction details. 2. Acceptable RUBEROIDR membranes for flashing membranes are RUBEROIDR HEAT -WELD, RUBEROIDR SBS Cold Applied or Mop Applied and RUBEROIDR ULTRA CLADTm (Torch or Mop applied). Refer to Flashing Specification Plates for flashing designations and guarantee length eligibility. 3. Basic wood blocking anchorage recommendations are found in Factory Mutual Loss Prevention Data Sheet 1-49. These recommendations are required for Factory Mutual approved projects. 4. All penetrations should be at least 2' (61 cm) from the curbs, walls, and edges to provide adequate space for proper flashing. 5. Install flashing sheets starting at low points. 07536-16 MODIFIED BITUMEN ROOFING LP&L ENGINEERING RE -ROOF 0702-1 6. Maintain asphalt at EVT +/-25 degrees F (13.9 C) for all base and ply sheets "^ used in flashing details. Apply flashing membranes at the EVT temperatures or 425, degrees F (218 C), whichever is greater. 7. All masonry and sheet metal shall be primed with Matrix #307 Standard Asphalt roof primer and allowed to dry prior to be fully adhered to with flashing sheets. 8. Do not use metal base flashing. 9. Base flashing shall extend a minimum of 8" (20.3 cm) and a maximum of 24" (61.0 cm) above the roofline. 10. RUBEROIDR MOP applied membranes used for flashing material can only be installed using ASTM D 312, Type IV, hot asphalt or trowel grade modified adhesive. Use only polyester reinforced membrane for flashing materials, unless using multiple strip -in plies. 11. Wood curbs and walls must be covered with a layer of approved GAFGLASR Base Sheet or base ply of selected two-ply flashing system and fastened 8" (20.3cm) o.c. in all directions with approved fasteners with minimum 1" diameter _ or square caps. All vertical laps shall be 4" (10.2 cm). Backer ply shall extend out onto field of roof as shown in GAFMC construction detail. 12. It is recommended that the finished ply of base flashing be run vertically to provide a selvage edge that will aid in achieving proper adhesion at the 3" (7.6cm) vertical laps. If the sheet is run horizontally, the vertical laps must be a minimum of 6" (15.2 cm) and the selvage edge must be removed from the sheet or fully covered by the counter -flashing. The finished flashing ply shall extend out onto the field of the roof as shown in the applicable GAFMC construction detail, and must be extended minimum of 4" (10.2 cm) beyond the edge of the prior flashing plies. The flashing must be soundly adhered to the parapet, cant area and roof surface to result in a minimum void, non -bridging construction. 13. Trowel Grade Adhesive Application: Apply trowel grade adhesive with trowel or wide -edged putty knife at approximately 1/8" (3 mm) thickness in a full and uniform application. Firmly press sheet into adhesive. Immediately nail the top of the flashing as specified in flashing detail to prevent slippage. 14. Hot Asphalt Application: Be careful to insure SBS flashing sheets are set in asphalt when the asphalt is at the proper temperatures (minimum 425 degrees F '"" (218 C) back mopping the sheet is recommended, with the sheet being quickly applied to the substrate. Firmly press sheet into adhesive. Immediately nail the top of the flashing as specified in flashing detail to prevent slippage. 15. Nail the flashing at its top edge using nails having a minimum 1 inch round or square integral metal head. Nail on 8 inch centers for heights up to 12 inches. Nail on 4 inch centers for heights 12 inches up to 24 inches. 16. Comer membrane flashings, such as "bow ties" for outside comers and "footballs" for inside comers or other membrane reinforcements are required to own ensure that base flashing comers are sealed at cant areas. I Alternate method of comer reinforcing; install a smooth MB membrane reinforcement piece on the prepared comer substrate prior to final surfacing membrane. Refer to BUR Flashing Details section. W" "^" MODIFIED BITUMEN ROOFING 07536-17 0702-1 LP & L ENGINEERING RE -ROOF 17. Install metal or other membrane counter flashing so that the counter flashing extends a minimum of 4 inches below the nails at the top edge of the flashing. B. Flashing Design 2WBM: Consisting of one layer of GAFGLASR #75 Base Sheet, mechanically attached and one layer of RUBEROIDR MOP 170 FR mop applied. First Ply: Nail on 8" (20 cm) centers, in all directions, one ply of GAFGLASR #75 Base Sheet to the surface to be flashed using nails with integral metal heads at least 1" (2.5cm) in diameter or square. The nail shank should be long enough to just penetrate through plywood sheathing or a minimum of 3/4"(19 mm) into wood boards or planks. A minimum of 2" (5 cm) side lap is required. The base sheet should extend a minimum of 4" (10 cm) onto the roof into a mopping of Steep Asphalt (ASTM D 312 Type IV). Follow all heating and application requirements for asphalt. 2. NOTE: Do not apply the base sheet to wood wall with roofing asphalt. 3. Second Ply: Solidly mop one ply of mop applied RUBEROIDR MOP 170 FR, with Steep Asphalt (ASTM D 312 Type IV) to the base sheet. Follow all heating and application requirements for asphalt. Press the seam in to obtain a minimum 1/4" bitumen flow out at all membrane laps. Side laps must be a minimum 4" (10 cm) and the laps must be offset from the laps of the first ply a minimum of 6' (15 cm) and the sheet must extend a minimum of 4" (10 cm) past the first ply out onto the roof. C. DETAIL FLASHING SYSTEM 1. All metal flanges must be &' (7.5 cm) to 4" (10 cm) wide. 2. Prime all metal flanges, such as gravel stops and pipe flanges with Matrix asphalt primer. 3. One -ply stripping: Metal flanges must be set in MatrixR 201 System Pro SBS Flashing Cement on top of roof. Perimeter flanges must also be stagger nailed at 3" (7.5 cm) intervals into a wood milers or nailable deck. Never into roof insulation. Strip all metal flanges in with one layer of RUBEROIDR Membrane. The membrane shall cover the entire metal flange and extend at least 4" (10.2 cm) onto the roof. 3.017 ACCESSORIES AND RELATED MATERIALS A. DRILL-TEC1W Standard Roofing Fasteners Use any model screw gun up to 2,500 RPM with depth gauge. 2. Stand-up and Short tool are acceptable for use in installing drill-point/pinpoint screws. 3. Set the depth gauge on the tool to ensure that the screws are not over or under drilled. 4. The following gauges of steel decking are acceptable for use with drill- point/pinpoint screws: 18 ga., 20 ga., and 22 ga. 5. Screws shall penetrate a minimum of 3/4" (19 mm) steel decks. 07536-18 MODIFIED BITUMEN ROOFING LP&L ENGINEERING RE -ROOF 0702-1 6. Metal decks shall provide a minimum 250 lbs. of pull-out force per fastener. Contact the Technical Hotline if the required amount is not achieved when conducting fastener pull out tests. 7. Good roofing practice requires dry storage of all fasteners before use. 8. For single layer insulation, the fastener spacing is one (1) fastener per two (2) square feet (0.18 m2). For double layer insulation installation, the fastener spacing is one (1) fastener per 2.67 square feet (0.24 m2), and is applicable if the second layer is mopped or fastened. 9. A minimum FMRC 1-60 attachment is recommended. Refer to FMRC Approval Guide for FM Fastening patterns. Factory Mutual requires fastener density increases in perimeter and comer areas for FM 1-60 and FM 1-90 or greater. Refer to FM Loss Prevention Data Sheets 1-7, 1-28, 1-29 and 1-49. 10. The 3" (7.5 cm) metal stress plates shall be round, concave, rib -reinforced, and designed to resist wind uplift forces. 11. CAUTION: Electric or any other conduits should be, located in decks, and/or walls before any drilling is performed. B. MetalasticR Standard Vents 1. MetalasticR Standard Vents over the installed ply sheet at the roof penetration, place'a vent over the penetration. 2. Adhere the pre -flashed vent flashing into place in hot asphalt or MatrixR SBS Flashing Cement. (See detail drawing section) C. Metalastie Drains 1. Retrofit a. Check existing drain inlet for trash and debris that create an obstruction i.e. gravel, leaves, asphalt, plastic cement, etc. Failure to remove or clean up may result in an improper drain installation. Using a tape measure, take the inside diameter dimension to determine the proper drain selection. b. For retrofit applications (drain insert) always go to the next size smaller to allow for ease in installation. After sizing the diameter, check the depth of the existing drain to ensure the proper seating of the drain. In the event the drain is too long, cut off any excess length with a tubing cutter or hacksaw. For drains recessed below the deck (in a total drain replacement) an additional piece of pipe may need to be spliced in place and connected as in new construction application. C. Once the side walls of the existing drain pipe are clean and smooth, remove the clear tape from around the pre -attached expandable gasket and apply a liberal amount of dishwashing liquid to the expandable gasket tape to act as a lubricant in drains with a tight fit. d. Then slowly work the drain in place, turning it side to side, taking care not to force it down which could result in damage to the gasket. '"" MODIFIED BITUMEN ROOFING 07536-19 0702-1 LP & L ENGINEERING RE -ROOF e. Once the drain is fully seated, lift the drain slightly to allow for adhering the pre -flashed drain flashing into place in hot asphalt or MatrixR SBS Flashing Cement. (See detail drawing section) f. After this is completed, allow at least two (2) hours full expansion of the gasket seal before putting in service. In the winter, full expansion may take up to four (4) hours. g. Upon installation of the cap sheet, fill in any void between the drain guard and cap sheet with tape. Install the cast aluminum strainer by aligning the strainer and twisting one quarter turn to lock in place (See detail drawing section). D. M-Curb System 1. On smooth roof surface apply a granule surfaced membrane target prior to curb application. Penetrations must be steel brushed, clean and dry. Caulk around penetration(s) with special M-Bond adhesive. 2. Hold section of curb in hand with flat side up and apply continuous bead of M- Bond adhesive sealant near perimeter. Place beaded curb section on clean roof surface to form half circle around penetration(s) and press down firmly to set bond. Maintain 1" minimum distance between penetration and inside of curb. 3. Hold second section of curb in hand, flat side up, and apply a continuous bead of M-Bond adhesive around perimeter. Apply small bead of adhesive to scarf joints. Place second section of curb on roof surface to form circle with first section. Press scarf joints together firmly and press both sections down to set bond. 4. Apply a continuous bead of M-Bond adhesive around outside base of M-Curb. Tool all joints and seams to a smooth finish. 5. Fill M-Curb with M-Thane 2-part pourable sealer. Mix Parts A&B until solid black (typically 3 to 5 minutes). For ease of mixing, store at cool temperatures on hot days and at warm temperatures on cold days. _ E. Metalastie Adjustable Vent 1. Metalastie Adjustable Vent over the roof membrane at the roof penetration place a vent over the penetration. 2. Adhere the pre -flashed vent flashing into place in hot asphalt or MatrixR SBS Flashing Cement. (See detail drawing section). 3. The rubber boot shall be cut 1/4" (6 mm) smaller than the outside diameter of the pipe penetrations to ensure a tight fit. _ F. MetalasticR Plumbing Vent 1. Install ply sheet as specified. Fit ply sheet snugly against pipes. Choose appropriate size for pre -flashed lead jack and material 2. Use the non -reinforced SBS target provided. Stretch the hole in the center of the non -reinforced SBS target over the pipe or penetration and slide it down until it contacts the deck. This protects against flames from traveling down the pipe and into the insulation. 07536-20 MODIFIED BITUMEN ROOFING LPL ENGINEERING RE -ROOF 0702-1 3. Adhere the pre -flashed vent flashing into place in hot asphalt or Matrix SBS Flashing Cement. (See detail drawing section) G. MetalasticR Scupper 1. The through wall scupper comes with an 18" (45 mm) feed which can be cut to the desired length. 2. After cutting the length to fit, slide the scupper into place. 3. Install the pre -flashed scupper flashing over the base sheet and/or ply sheets that was installed over the cant strip. 4. NOTE: The scupper is installed prior to the application of the cap membrane and wall base flashing. . 5. Adhere the pre -flashed scupper flashing into place in hot asphalt or Matrix' SBS Flashing Cement. (See detail drawing section). Work flashing in with a trowel to insure proper seating and bonding against the underlying membrane. 6. Install cap membrane (if applicable) and wall flashing, cutting hole to match scupper opening size. H. Fireshield Fire Resistant Treatment 1. Fireshield may be brushed, rolled or sprayed on wood decks, cant areas of roof - wall junction and insulation that has been cut to fit. Failure to properly saturate the treatment area will adversely affect the temporary fire retardant properties provided by this product. 2. After application of the Fireshield, heat application of the roofing membrane must be completed within a 48 hour period. 3. Fireshield is not compatible with copper or brass and is not designed to be used on materials other than roofing surfaces. �., THE WARNINGS AND PRECAUTIONS ON THE FIRESHIELD CONTAINER LABEL MUST BE READ, FULLY UNDERSTOOD, AND STRICTLY FOLLOWED WHEN USING THIS PRODUCT. 3.018 SURFACING A. Granular 1. White Granular 3.019 CLEANING F: A. Remove bituminous markings from finished surfaces. B. In areas where the finished surfaces are damaged or discolored by the work of this section, consult the manufacturer of the surface for cleaning advice and conform to their instructions. END OF SECTION 07536 1, MODIFIED BITUMEN ROOFING 07536-21 0702-1 LP & L ENGINEERING RE -ROOF 07536-22 MODIFIED BITUMEN ROOFING MAP IN FILE SEE RESOLUTION dOGa- 2d+{(�o MB 5 - WALL FLASHING DETAIL WITH SURFACE -MOUNTED COUNTER FLASHINGQV MAMMALS Sealant continuous bead Minimum 24 gauge metal counter flashing fastened as noted below with non -corrosive fasteners 24" ' and neoprene washers. max. Fasteners - see note 3 Fasteners approx. 8" o.c. 411 -- Ruberoid® modified Parapet bitumen base flashing. wall ' Cant strip Ruberoid® modified bitumen membrane Base/ply sheet(s) pressure treated wood nailer Note: f mechanically fastened 1. When parapet wall exceeds 24" in height, I^ Rigid insulation refer to Detail MB 6, or lightweight concrete High Parapet Wall. 2. Masonry walls to be primed prior to flashing. Wood walls require base sheet nailed to wall 9" o.c. along top and laps, one per sq. ft. in the field. 3. Fasten base flashing approx. 8" o.c. for heights up to 12" and �^ 4" o.c for heights up to 24". 4. Base flashing on all 15 & 20 yr. guarantee systems must have a base ply. Refer to Flashing Membrane Application and Flashing Specification Plate Sections. MB Detalls 254 MB 9-MDRAIN FLASHING DETAIL Base/ply sheet(s) wmAnquAu CORPORATION — Cast aluminum strainer cap Cast aluminum gravel guard �— Ruberoid° modified bitumen membrane l 1 1 � 1 1. 1 1 I 1 I 1 1 1 MDrain flange Note: Ruberoid® SBS Poly .- Consult MWeld smooth membrane technical data sheet for plumbing prefabricated to MDrain connection instructions. "Taperedd insulation Base/ply sheet(s) MB Details 258 rm MB 10 EQUIPMENT BASE FLASHING DETAIL CORPORATION Equipment flashing Fasten approx. 8" o.c. Wood curbs • require base sheet fastened Fasteners approx. 8" o.c. along I 18" o.c. laps and 1 per sq. ft. in the field .411 Ruberoid®base flashin 9 • ml 10"-14" �* 4" Ruberoid® modified bitumen membrane Curb -� 6" fastened approx. 8" o.c. min pressure treated Base/ply sheet(s) wood nailer 2" x 4" min. Cant strip �,,, Rigid insulation Note: Base flashing on all 15 & 20 yr. guarantee systems must have a base ply. Refer to Flashing Membrane Application and Flashing Specification Plate Sections. MB Details 259 MB 14 - EXPANSION JOINT FLASHING DETAIL GAF mAn3UALS CORPORATION 'BMCA Metalastic® prefabricated expansion joint cover (provide continuous length) etal Fasteners approx. flash' 8" o.c. Slope Flexible vapor retarder to e serve as insulation retainer (Attached at top of curb — install after expansion joint has been flashed) r'" Fasteners approx. -'K— 8" o.c. both sides Ruberoid® modified - bitumen base flashing. Set in hot asphalt or -' -- \6\ modified trowel grade roof cement Ruberoid® modified bitumen membrane Batt insulation Base/ply sheet(s) pressure treated wood nailers and cant mechanically fastened MB Details 263 ww� MB 24 - SCUPPER FLASHING DETAIL 24" max GAF MAn3uALs CORPORATION Ruberoid® modified bitumen base flashing. Turned into scupper. Primed metal through -wall scupper/ flange set in roof cement and fastened approx. 4" o.c. Ruberoid® modified bitumen membrane 1 Rigid insulation pressure treated wood cant Note: Base/ply sheet(s) 1. See MB 6 2. Ruberoid base flashing High Parapet Wall fastened in accordance with Detail for wall wall detail used, e.g. MB 3 flashing above 24". or MB 6 details. 3. Base flashing on all 15 & 20 yr. guarantee systems must have a base ply. Refer to Flashing Membrane Application and Flashing Specification Plate Sections. MB Details 273 SBS 37 - STRATAVENTO ELIMINATOR" PERFORATED VENTING '"� z DETAIL, RECOVERING WITH NEW INSULATION � POHdA Metal Counter Flashing Fasteners ,Base Flashing Ruberoid® Cant Strip--* New Insulation STRATAVENTO Eliminator?" Perforated Notes: The insulation should be solidly mopped to the old roof or mechanically attached to the deck depending on the deck limitations. Flashing at parapet walls and roof edges is handled in the same manner as for new roof construction. Old flashings and metal edge strips must be completely removed and new flashing and metal edge strips installed. -, Refer to Systems Installation Requirement Section. Note: DO NOT apply RUBEROID® TORCH or RUBEROID® HEAT-WELDTM membranes directly to STRATAVENT® EliminatorTM Perforated Venting Base Sheet. At least one ply of GAFGLAS® #75 Base Sheet or two plies of GAFGLAS *�^ Ply Sheets MUST be hot mopped over the STRATAVENT Eliminator TM Perforated Venting Base Sheet before Torch applying RUBEROID® membranes. r.... When the minimum dimension of the roof exceeds 60 feet, top side field venting should be used in addition of the edge and parapet wall venting. Roof vents are to be applied at the. rate of one per 1,000 square feet of roof area. MB Details 2B6