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Resolution - 5964 - Contract - David Plyer Inc.- Reroofing Traffic Signs_Singals Complex - 08_13_1998
Resolution No. 5964 Item No. 26 August 13. 1998 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 with David Plyler, Inc. of Lubbock, TX to install and furnish all materials and services as bid for the reroofing of the Traffic Signs/Signals Complex. 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 Council. Passed by the City Council this 13th day of August '1998. ATTEST: /��- -- &Nj� Kaythd Darnell, City Secretary APPROVED AS TO CONTENT: qAM Victor KilmTV, Purchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager Wd:dk/David Plyler, Inc.RES.doc ccdocs/August 4, 1998 F CITY OF LUBBOCK SPECIFICATIONS FOR REROOF THE TRAFFIC SIGNS/SIGNALS COMPLEX AT 301 NORTH ASH AVENUE - BID #98070 ♦ t Y O l� 11 t CITY OF LUBBOCK Lubbock, Texas P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-21 ADDENDUM #2 ITB #98070 REROOF THE TRAFFIC SIGNSISIGNALS COMPLEX AT 301 NORTH ASH AVENUE FAXED TO VENDOR: CLOSE DATE: March 31, 1998 r 1 O 09WO, Addendurn 02 Office of Purchasing April 1, 1998 @ 3:00 PM 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. DRAWING — Sheet Al Summary of Work — Roof Area (all areas), Note #4 should read as follows: 'Mechanically attach one layer 2.3 inches thick of Polylsocyanurate insulation to metal roof deck with approved fastener' as specified in section 07552 paragraph 2.3 C, Item 2. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Ron Shuffeld, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 RShuffield@mail.cl.lubbock.tx.us ZTHANYOU, Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID rw I' 7 98070ad2.doc r 6 i L P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 9 Fax (806) 775-21 ADDENDUM #1 ITB #98070 REROOF THE TRAFFIC SIGNS/SIGNALS COMPLEX AT 301 NORTH ASH AVENUE MAILED TO VENDOR: CLOSE DATE: March 26,1998 ITB #98070, Addendum #1 Office of Purchasing April 1,1998 @ 3:00 PM 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. Remove existing heater unit and vent. Refer to specification 02071 for cutting and patching as required. Refer to attached drawing Addendum 1, Item #1 for location of unit. 2. Drawings — sheet A2, detail 10/A2. Attached is an approved option for gas line supports In addition to existing detail. Refer to attached drawing Addendum 1, Item #2. 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: or Email to: (806) 775-2164 RShuffield@mail.cl.lubbock.tx.us z7xf-cw/ Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 7 98070ad1.doc E PEW FA5M AND FAP&AZ TO MATCH + EJQSTm ON tew E il REMOVE EXIST. HEATER AND VENT 40m. e FBA CANT 4 STPP Dtro I- CiA5 LNE TO BE RAMM. . SM aiA2 SUPPLY --"-I I- FOR RAPMG QT.IL UNITS WATER --+ oast SUPPLY STAOC %,NL-yy EaJP; W fr-<r TO 6/A2 C:EiV-fF.RI� OYHR ©Q'"T. 55S. NEW FASCIA AND NAUR TO MATC44 EXIST14G ON WW E=CN 9-CPC- rR 7. COOI.m —4—Euw W. _ s:�--•���+ .er..a�. �Iw--..�t:�+ - •,-•r�-+--•+---*+-.. �a--;-r.--.=�Ysrr.+■r-r•+-.j-±•'�-� s----.r•=»''.-• _ _. -' r-r..:.+..----••--�w ase3trts�.eair.•t+•. -!• - _ • , �V y GAS PIPE STAND DETAIL scams - - r-o- ` ^a 7i�� �lrli � aswr.r' �. .�v,wi � i � . �• `...�,�r ..� ��Ci^'tY}L _ ... .. _ _ .. .. .. . _ � _ _ ._ .ti. . tS. .8'• '1 4�t " .r �"4r� [9 CITY OF LUBBOCK INVITATION TO BID FOR TITLE: REROOF THE TRAFFIC SIGNS/SIGNALS COMPLEX AT 301 NORTH ASH AVENUE ADDRESS: LUBBOCK, TEXAS BID NUMBER: 98070 PROJECT NUMBER: 9528.9211.20000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT r INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 7 No Text 6 NOTICE TO BIDDERS BID #98070 r� j 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 3:00 o'clock p.m. on the 1st day of April, 1998, 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: i "REROOF THE TRAFFIC SIGNSISIGNALS COMPLEX AT 301 NORTH ASH AVENUE" 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 insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 23rd day of April, 1998, 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 su erior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. 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 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 l guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. rIt 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 pre -bid conference on 25th day of March, at 10:00 o'clock a.m., in the L04 - Purchasing Conference Room, Lubbock, Texas Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. 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. !r The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)775-2167JFax (806)775-2164. 7 No Text r GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the REROOF THE TRAFFIC SIGNS/SIGNALS COMPLEX AT 301 NORTH ASH AVENUE. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, maybe examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. Ali written requests for additional information or clarification r concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 45 (FORTY-FIVE) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the left contract documents. 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. GUARANTEES 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). 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 the year 2000 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. 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. 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. 10. 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. - r- f t 11. 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. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials ` to be incorporated into the work without paying the tax at the time of purchase. 13. 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 Oak location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. 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, PIN 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 Contractors responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of r-a acceptance of the project. 15. EXPLOSIVES r� 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. fExplosive materials shall not be stored or kept at the construction site by the Contractor. E f'" 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. 16. 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. 17. 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) days in advance of cancellation or change. All -- policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. 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 contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 4 f' 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. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. PROVISIONS CONCERNING ESCALATION CLAUSES i 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. 21. PREPARATION FOR BID 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. 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. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. F I 22, BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: r (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23. 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 in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, ,-- without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. C No Text F BID SUBMITTAL LUMP SUM BID CONTRACT ) LACE: Lvibbock , TX MATE: 1st April 1998 7ZOJECT NUMBER: #98070 - REROOF THE TRAFFIC SIGNSISIGNALS COMPLEX AT 301 NORTH ASH AVENUE Bid of David P1 y1 pr , Tnr _ (hereinafter called Bidder) the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Pntlemen: %.ie Bidder, in compliance with your invitation for bids for the construction of a Reroof 301 N . Ash Luhbork F l Qving carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract I cuments and the site of the intended work, and being familiar with all of the conditions surrounding the construction of ire intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and splies; and to construct the project in accordance with the plans, specifications and contract documents, within the time t forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required t der the contract documents. F4TERIALS: Nine Thousand Dollars ($ 9, 000 ) SERVICES: Twenty Four Thousand Eight hundred f i ftvsix ($ 2 4 , 856 ) -r)TAL BID:Thirty Three Thousand Eic,ht Hundred fifty s_ ix ($ 33 , 856 ) (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 45 (FORTY FIVE) consecutive calendar days t7,;reafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner liquidated damages the sum of $300.00 (THREE HUNDRED DOLLARS) for each consecutive calendar day in excess 61 the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. l Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. F The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. r The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to Mmmence work on or before the date specified in the written notice to proceed, and to substantially complete the work on ich he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or 7-1thout rtified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within r-.n) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for n int g f hr e c d n' 'a r s Mllars ($ ) or a Bid Bond in the sum of nnv� rhnn"ganrl c i v. hundrad Dollars ($1 , 693 ), ich it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by �...e Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check r bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract Ancuments made available to him for his inspection in accordance with the Notice to Bidders. Authorized Signature David Plyler (Printed or Typed Name) David Plvler, Inc. Company 5724 90th Street Address T,uhhnrk_ . TX 79424 City, County State Zip Code Telephone: 806 - 799 4987 Fax:806 - 798 7491 Seal if Bidder is a Corporation) TTEST: ecretary adder acknowledges receipt of the following addenda: :ddenda No. .1 Date 3- L l -;Y Addenda No. 2- Date 2 3 i - { a' ddenda No. Date ddenda No. Date w P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-21 ADDENDUM #1 ITB #98070 REROOF THE TRAFFIC SIGNS/SIGNALS COMPLEX AT 301 NORTH ASH AVENUE r MAILED TO VENDOR: CLOSE DATE: March 26,1998 ITB #98070, Addendum 01 Office of Purchasing April 1,1998 a@ 3:00 PM 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. Remove existing heater unit and vent. Refer to specification 02071 for cutting and patching as required. Refer to attached drawing Addendum 1, Item #1 for location of unit. 2. Drawings — sheet A2, detail 10/A2. Attached is an approved option for gas line supports In addition to existing detail. Refer to attached drawing Addendum 1, Item #2. ( All requests for additional information or clarification must be submitted in writing and directed to: rRon Shuffeld, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: RShuffield(L2)mall.cl.lubbock.tx.us TI;IJNK YOU Ron Shuffield r- Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 7 98070adt.doc 93-31-98 11:40 CITY OF LUBBOCK PUR F— _ _ _— ID-6067752164 P-01 r F (SM F 95.V MCC 'Of purchasW FAXED TO VENDOR: March 31,1"S CLOSE GATE: April 1,1990 @b &40 Phil The following he= fake p wadence aver spedficatiorts for the above named Invitation to Bid OM. Where any item called for in ale rM documents is supplemented hem the adainal mqutn:rnerds. not affected by this addendum, shall remain in effect.. l . DRAWWNG — Sheet Al Summary of Work — Roof Area. (all areas). Note 04 should need as follows: 9VIechaniwRy attach one b yer 2.3 inches thick of Polylsocyarwrste tnsWation to metal roof deck wmt approved fasteneP as specified in section 07652 paragraph 23 C. item 2. Alt requests for additional Information or darification must be submitted In wnli M and dreeted to: Ran ShuffiskL Senior Buyer City of lntb)ck P.O. Box 2= Lubbock. Texas 79457 Qaestioas may be faxed to: (606) 77S-2164 or Email to: AShuffieldamall dJubbock.bLus THAN YOU. Ron Shuffreld senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM W M YOUR 010 Commercial Indemnity Insurance Company BID BOND BOND NUMBER BD36009 KNOW ALL MEN BY THESE PRESENTS: THAT David Plyler, Inc., as Principal, and Commercial Indemnity Insurance Company, as Surety, are held and firmly bound unto City of Lubbock, as Obligee, in the full and just sum of Five Percent (5%) Of Greatest Amount Bid Not To Exceed Three Thousand Two Hundred Fifty and 00/100 ($3,250.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal is hereby submitting its proposal for, Re -Roof the Traffic Signs/Signals Complex at 301 North Ash Avenue - Project #98070 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise, the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 1st day of April, 1998. David Plyler, Inc. Principal By (SEAL) Commercial Indemnity Insurance Company Surety L C By SEAL) Chad W. Land, Attorney -In -Fact `.commercial Indemnity Insurance Company O. Box 67 ustin, Texas 78741 COMMERCIAL INDEMNITY INSURANCE CO. BD36009 POWER OF ATTORNEY TOW ALL MEN BY THESE PRESENTS: 'hat the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12' ,Aay of May, 1996, to wit: Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney In -Fact, such persons, firms, or corporations as may be selected from time to time. Fe It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid nd binding upon the Company in the future with respect to any bond or undertaking to which it is attached" Commercial Indemnity ` insurance Company does hereby make, constitute and appoint: LANNY W. LAND OR CHAD W. LAND OR CAMILLE EDWARDS .estate of Texas its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: Fbe Obligation of the Company shall not exceed one million (S 1,000,000.00) Dollars. nd to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by e duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts. of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. FN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. r G�Flj SEAL tate of Texas Rudy Herzog, President County of Travis 5n this 12' day of May, in the year 1996, before me Shannon McBride, a notary public, personally appeared Rudy Herzog, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. . f� '�1 srwnr,eenoE 1 ' ��arr •�l +rrti► 0— Aar wYn � r.ommission Expires 5-20-98 Shannon McBride, Notary Public CERTIFICATE P"", the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power )f Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 1 st day of April. 1998. O RD ? FM tar J , Paul Cameron, Sccrcy r� C, i I" { PAYMENT BOND II I 8t ST RATING �[J LICENSED IN TqA$ DVE ' 40 F Evercireen National Indemnity Company Texas Statutory Performance Bond (Public Work) (Penalty of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF Lubbock BOND NUMBER 105522 KNOW ALL MEN BY THESE PRESENTS: THAT David Plyler, Inc. dba Sun Diamond Construction hereinafter called the Principal), as Principal, and Evergreen National Indemnity Company, (hereinafter called the Surety), as Surety, are held and firmly bound unto City Of Lubbock, (hereinafter called the Obligee) as Obligee, in the penal sum Thirty Three Thousand Eight Hundred Fifty Six and 00/100 Dollars, ($33,856.00) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13th day of August, 1998, a copy of which is hereto attached and made a part hereof to, Refoof The Traffic Signs/Signals Complex at 301 North Ash Avenue -Project #98070. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specification and contract documents, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of August, 1998. David Plyler. Inc. dba Sun Diamond Construction Principal By (SEAL) Evergreen National Indemnity Comhany Surety By - 0(SEAL) Chad W. Land, Attorney -In -Fact 7 EVERGREEN NATIONAL INDEMNITY COMPANY CLEVELAND, OHIO POWER OP ATTORNEY PRINCIPAL David Plyler, Inc. dba Sun Diamond Construction EFFECTIVE DATE 08/24/98 CONTRACT AMOUNT 33,856.00 AMOUNT OF BOND s 33,856.00 POWER NO. 105522 KNOW ALL MEN BY THESE PRESENTS:. That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate, constitute and appoint: Lanny W. Land, Chad W. Land, Camille Edwards dt Gwcmn J. Hall - - -- - - — - - - - - - - - - - -- its true and lawful Attorney(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the obligation of the Company under this Power of Attorney shall not exceed One Million Five Hundred Thousand Dollars (s1,500,000.00). This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of February, 1994: "RESOLVED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as Attomcy(s)-in-fact of such persons, firms, or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certificate by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized officers this 23rd day of February, 1994. EVERG EN NATION EMNTTY COMPANY ig L. Stout, President i �pAPORATf _ SEAL ✓ / �c:t° �-� ip39 T� Roswell P. Ellis, Treasurer Notary Public) State of Ohio) SS: On this 23rd day of February, 1994, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Craig L. Stout and Roswell P. Ellis of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. W TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. State of Ohio ) SS: 1, the undersigned, Secretary of the Evergreen Natioa>i, ] the foregoing Power of Attorney remains in fur[ force and has herein above, is now in force. Signed and sealed in Cleveland, Ohio this Z4th ory N. Miracle, Attorney Mary Public State of Ohio My Commission has no expiration date Section 147.03 R.C. (Skmpany, a stock corporation of the State. of Ohio, DO HEREBY CERTIFY that revoked; and furthermore that the Resolution of the Board of Directors, set forth day of -August, 1998 nrcuu+rry ram`. Anne eyers Sec a �'trt)APCRA$ o OIL WN SEAL ' -A Any reproduction or facsimile of this form is void and invalid. rm loft' PERFORMANCE BOND • l �... BOND CHECK BEST RATING LICENSED IN TIWS �" DATE BY �-� Evergreen National Indemnity Company Texas Statutory Payment Bond (Public Work) (Penalty of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF Lubbock BOND NUMBER 105522 KNOW ALL MEN BY THESE PRESENTS: THAT, David Plyler, Inc. dba Sun Diamond Construction (hereinafter called the Principal), as Principal, Evergreen National Indemnity Company, (hereinafter called the Surety), as Surety, are held and firmly bound unto City Of Lubbock, (hereinafter called the Obligee) as Obligee, in the penal sum of Thirty Three Thousand Eight Hundred Fifty Six and 00/100 Dollars, ($33,856.00) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 13th day of August, 1998, a copy of which is hereto attached and made a part hereof to, Refoof The Traffic Slgns/Signals Complex at 301 North Ash Avenue -Project #98070 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of August,1998. David Plvier. Inc. dba Sun Diamond Construction Principal By 1/ GC�tJC �C✓✓�(�_n (SEAL) Evergreen National Indemnity Company Surety 0 C By (SEAL) Chad W. Land, Attorney -In -Fact F EVERGREEN NATIONAL INDEMNITY COMPANY RIDER EVERGREEN NATIONAL INDEMNITY COMPANY, as Surety, hereby amends Bond No. 105522 naming DAVID PLYLER, INC. DBA SUN DIAMOND CONSTRUCTION as Principal and CITY OF LUBBOCK as Obligees in the following manner: . The description on this bond is hereby amended to read ReRoof The Traffic Signs/Signals Complex at 301 North Ash Avenue -Project #98070. All other terms and conditions shall remain the same. Signed and sealed this 24TH day of AUGUST, 1998. EVEGREEA4 NATI NA\L,,INDEM COMP By: v \% CHAD W. LAND Attomey4n-Fact r EVERGREEN NATIONAL. INDEMNITY COMPANY CLEVELAND, OHIO POWER OF ATT011NEY PRINCIPAL David Plyler, Inc. dba Sun Diamond Construction EFFECTIVE DATE 08/24/98 CONTRACT AMOUNT 33.856.00 AMOUNT OF BOND S 33,856.00 POWER NO. 105522 KNOW ALL MEN BY THESE PRESENTS:. That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate, constitute and appoint: Imny W. Lead, Chad W. Land, Camille Edwards & Gwenn J. Hall - -- - -- - - - — — - - - - - - — - — — its true and lawful Attomey(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the obligation of the Company under this Power of Attorney shall not exceed One Million Five Hundred Thousand Dollars (S1,500,000.00). This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of February, 1994: "RESOLVED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as Attomey(s)-in-fact of such persons, firms, or corporations as may be selected from time to time. FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certificate by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these presents to be sinned by its duly authorized officers this 23rd day of February. 1994. EVERG EN NATION EMNITY COMPANY ). raig L. Stout, President. Roswell P. Ellis, Treasurer Notary Public) State of Ohio) SS: On this 23rd day of February, 1994, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Craig L. Stout and Roswell P. Ellis of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein, and who c=uted the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the Officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrumcnt, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. ✓ `/ � . ill C<«,� feirory N: Miracle, Attorney 'Notary Public State of Ohio My Commission has no expiration date Section 147.03 R.C. State of Ohio ) SS: I, the undersigned, Secretary of the Evergreen Naiioa% mpany, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that .I. the foregoing Power of Attorney remains in full force and hasN.not revoked; and furthermore that the Resolution of the Board of Directors, set forth herein above, is now in force. 24th August, 1998 Signed and sealed in Cleveland, Ohio this day of hn�wwrwey Anne . Byers, SOCIV � �i �ARPORATE s . SEAL Any reproduction or facsimile of this form is void and invalid. No Text A,l • O—! CrM AA 4 ODO ACORID,M CERTIFICATE aF LIABILITY (mmww INSURANCE 009ATE /01/1998 PRODUCER (806)793-8773 FAX (806)793-7173 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UISENBERRY & ASSOCIATES, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4601 66TH STREET, SUITE B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, LUBBOCK, TX 79414 COMPANIES AFFORDING COVERAGE coraF'AJ,r' Republic Attn: Ext: A MURED David Plyler, Inc. COMPANY Texas Workers' Comp Ins Fund B Box 65600-164 Lubbock, TX 79464 COMPAIJY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABO'6T FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR - DATE (MWODWO DATE (MM/DO/YY) GENERAL LIABILITY GENERAL AGGREo4TE $ 2000000 COMMERCIAL GENERAL LIABILITY PPOCA.Ir T1- 1:1l4,1Ph-P AG S 2000000 A cLAILISr.IADG X C"CCUR TXP5611287 11/10/1997 11/10/1998 PERSauLaAD,!iIJJI-IRr ¢ 1000000 )M4FF'S a CONTRACTI_Q'S PROT EAr_H OCCUPRETJCE S 1000000 FIFE DAMAGE t=nj one firFl t 50000 ME EXP (.An!r ine p?rwn! t 5000 AUTOMOBILE LIABILITY X �Nv Auro CCMEIFJ`D SINGLE LIMIT ? 500,000 ALL OWNED ALrTOS e)aLruJJJFrr t A sCHEDLILEDALITOS TCA5611666 02/17/1998 02/17/1999 (Per Pencnr X rUPEDPOTOS 6UDILY INJIJGr t X WtL0AW:0 AUTOS (Per acc,deft FF+:PERT'i DAIrwGE T GARAGE LIABRJTf ALrO :RJLY - EH. ANY AUTO OTHER THAIJ A! rT).: r rt., EACH eCCIDEts'. AGGREGATE t EXCESS LIABILITY EACH CC-CURPEN CF S UA6GELLA FORM AGGREGATE $ OTHER TFWJ UWPELLA FORM - t WORKERS COMPENSATION MID Wu - TORY LIMITS EF. EMPLOYERS' LIABILTI`f B SEP0001068062 04/04/1998 04/04/1999 EL EACH AO: IDEfrr T 500,000 THE PROPRIETOR, INCL EL DISEASE - POLICY LIMIT t 500,000 PARTNERcIE%EaM VE OFFICERS ARE ECCL EL DISEASE - EA EMPLO. EE S 500,000 OTHER DESCRIPTION OF OPERAT10NSILOCATIONSIVEHICLESISPECIAL ITEMS Certificate Holder is named as Additional Insd on Gen Liab & Auto Certificate Holder is named on Waiver of Subrogation on Gen Liab, Auto, & WC CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUIING COMPANY WILL ENDEAVOR TO MAIL L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Lubbock Purchasing Dept BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P . 0. BOX 2000 OF ANY HIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEDRFPRESENTATNE Lubbock, TX 79457 Todd Quisenberry ACORD25-S(1/95) IDACORD CORPORATION 19E- 09-01-98 08:14 RECEIVED FROM: P.02 I CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by contractor, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. k' r., Agent (Signature) Agent (Print) i Name of Agent/Broker: Address of Agent/Broker: l City/State/Zip: t Agent/Broker Telephone Number: Date: E F i CONTRACTOR'S NAME: (Print or Type ) CONTRACTOR'S ADDRESS: NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806)775-2165. BID #98070 - REROOF THE TRAFFIC SIGNS/SIGNALS COMPLEX AT 301 NORTH ASH AVENUE r„ CONTRACTOR CHECKLIST 4 A CONTRACTOR SHALL: (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; (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 1 coverage ends during the duration of the project; r (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 I 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 r• 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: F r REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." it "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 f.., report an employers failure to provide coverage." and E (8) contractually require each person with whom it contracts to provide services on a project, to: F F (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. r No Text 7 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13t' day of August, 1998 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter t referred to as OWNER, and David Plyler, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. r 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: 7BID #98070 - REROOF THE TRAFFIC SIGNS/SIGNALS COMPLEX AT 301 NORTH ASH AVENUE - $33,856.00 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 l been given to him and to substantially complete same within the time specified in the contract documents. l 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. r IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATT T: Secret APAZOVED AS TO CONTEUT--_. r, APMOVED AS TO FORM: City Attorney F ATTEST: Corporate Secretary CONTRACTOR: DAVID PLYLER, INC. By: 4,t-24 - 47 PRINTED NAME:�� _ TITLE: ��✓sl��k-� COMPLETE ADDRESS: David Plyler, Inc. 5724-90"' St Lubbock,TX 79424 7 No Text r GENERAL CONDiTIO'NS 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 or corporation, to wit DAVID PLYLER, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative GARY SMITH, FACILITIES MANAGER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 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 Owners 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 Owners 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. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 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. 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 insure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said 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 1 instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived, 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to.the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING r It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be i encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. 1^ k 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 WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform 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. 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 which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any 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 riot 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. 4 AM rs 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 P" 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 n in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, _ in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the ,., accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's 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: Method (A) - By agreed unit prices; or Method (B) - By agreed Jump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following; (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, •� timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age �� 5 Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. — For bodily injuries, including accidental death and or property damage, $300,000.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability.lnsurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $100,000.00 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/Installation Floater Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0.0% 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 JQ.00 on all contracts with — coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Workers 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 8 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. 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 (b) no later than seven days after receipt by the Contractor, anew certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, �•. within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify 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 r! 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; F11 (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing Use 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. 10 i r (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 J^" 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 r.. 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 -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 12 r- I (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 (1)4viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such r- indebtedness. f 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 i 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. r 13 1 is 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $300.00 (THREE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for ._ substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount -- agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 14 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 park, 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. 1,.., 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 r 7 7 The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood: Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 15 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. 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. 16 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31st 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 i Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative r on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and j 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 rr shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. r 46. PAYMENT WITHHELD t The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. �, 17 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice — hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or — otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of 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 18 _ r would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The 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. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 7 19 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 20 No Text r I Resolution No. 5121 March 14, 1996 Item #19 RESOLUTION is WHEREAS, the City Council has heretofore established the general prevailing rate of j per diem wages for each craft or type of workmen or mechanics needed to execute public i works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and f ` WHEREAS, such wage rates were established by Resolution No. 719 enacted February �. 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8. 1987; and a WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: i THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades j Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 14th ATTEST: LI, a& - Betty M. J on, City Secretary APPROVED AS TO CONTENT: 17,4w 1�2� -- Mary AndrIVws, Managing Director of Human Resources APPROVED AS TO FORM: a old Willard, Assistant City Attorney H W : dalccdocslpubwo rks. res February 14,1996 2 F q:11: City of Lubbock Building Construction Trades Prevailing Rates C,Mft— dourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Flagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Scraper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 EXH]BTT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. No Text SPECIFICATIONS: ROOF REPLACEMENT TRAFFIC SIGNS / SIGNAL COMPLEX CITY OF LUBBOCK LUBBOCK, TEXAS . FEBRUARY 1998 96Ltisdei and associates architects and engineers 3416 JOLIET LUBBOCK, TEXAS 79413 806-792-2824 MEMBERS AMERICAN INSTITUTE OF ARCHITECTS �vLV-p AR(l wY ��- TABLE OF CONTENTS PAGES WSION 2 02070 SELECTIVE DEMOLITION 5 02071 CUTTING AND PATCHING 3 DIVISION 6 05500 METAL FABRICATION 5 DIVISION 6 06105 MISCELLANEOUS CARPENTRY 3 DIVISION 7 07552 SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 10 07620 SHEET METAL FLASHING 5 07710 MANUFACTURED ROOF SPECIALTIES 5 07720 ROOF ACCESSORIES 4 Copyright 1994 ALA MASTERSPEC 5/94 7 F F SECTION 02070 - SELECTIVE DEMOLITION PARTI- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 12 SUMMARY A. This Section includes the following: I . Demolition and removal of selected portions of a building. 2. Removal of the existing built-up roofing and rigid Insulation down to the existing metal roof deck. Where noted on drawings. 3. Removal of base flashings, mtl. fascia, wood nailers, penetration flashings and other related items required for the satisfactory installation of new insulation, roofing and flashing systems. 4. Removal and reinstallation of existing mechanical equipment, vents and stacks. Note that reinstallation Includes raising units at existing locations to adjust for new roof height. 5. Patching and repairs. 1.3 DEFINITIONS A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's property. B. Remove and Reinstall: Remove items indicated; clean, service, and otherwise prepare them for reuse; store and protect against damage. Reinstall items In the same locations or in locations Indicated. C. Existing to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by the Architect, items may be removed to a suitable, protected storage location during selective demolition and then cleaned and reinstalled in their original locations. 1.4 MATERIALS OWNERSHIP A. Except for Items or materials Indicated to be reused, salvaged, reinstalled, or otherwise Indicated to remain the Owner's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option. 1.5 SUBMITTALS A. General: Submit each Item In this Article according to the Conditions of the Contract and Division 1 Specification Sections, for information only, unless otherwise indicated. B. Schedule of selective demolition activities Indicating the following: SELECTIVE DEMOLITION 02070 -1 Copyright 1994 AIA MASTERSPEC 5/94 1. Detailed sequence of selective demolition and removal work, with starting and ending dates for each activity. 2. Interruption of utility services. 3. Coordination for shutoff, capping, and continuation of utility services. 4. Detailed sequence of selective demolition and removal work to ensure uninterrupted progress of Owner's on -site operations. 5. Coordination of Owner's continuing occupancy of portions of existing building and of Owner's partial occupancy of completed Work. C. Inventory of items to be removed and salvaged. _ 1.6 QUALITY ASSURANCE A. Regulatory Requirements: Comply with hauling and disposal regulations of authorities having jurisdiction. 1.7 PROJECT CONDITIONS A. Owner will occupy portions of the building immediately adjacent to selective demolition area. Conduct selective demolition so that Owners operations will not be disrupted. Provide not less than 72 hours' notice to Owner of activities that will affect Owners operations. B. Owner assumes no responsibility for actual condition of buildings to be selectively demolished. 1. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical C. Storage or sale of removed items or materials on -site will not be permitted. 1.8 SCHEDULING A. Arrange selective demolition schedule so as not to interfere with Owners on -site operations. 1.9 WARRANTY A. Existing Special Warranty: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials so as not to void existing warranties. -` PART 2 - PRODUCTS (Not Applicable) 2.1 REPAIR MATERIALS A. Use repair materials identical to existing materials. 1. Where identical materials are unavailable or cannot be used for exposed surfaces, use _ materials that visually match existing adjacent surfaces to the fullest extent possible. 2. Use materials whose Installed performance equals or surpasses that of existing materials. SELECTIVE DEMOLITION 02070 - 2 Copyright 1994 AIA MASTERSPEC 5/94 7 r PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that utilities have been disconnected and capped. B. Survey wdsting conditions and correlate with requirements Indicated to determine extent of selective demolition required. C. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. D. When unanticipated mechanical, electrical, or structural elements that conflict with the intended function or design are encountered, investigate and measure the nature and extent of the conflict. Promptly submit a written report to the Architect. E. Survey the condition of the building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of the structure or adjacent structures during selective demolition. F. Perform surveys as the Work progresses to detect hazards resulting from selective demolition activities. 3.2 UTILITY SERVICES A. Maintain existing utilities indicated to remain In service and protect them against damage during selective demolition operations. 1. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during Interruptions to existing utilities, as acceptable to Owner and to governing authorities. a. Provide not less than 72 hours' notice to Owner if shutdown of service is required during changeover. B. Utility Requirements: Locate, identify, disconnect, and seal or cap off indicated utility services serving building to be selectively demolished. 1. Owner will arrange to shut off indicated utilities when requested by Contractor. r. 2. Where utility services are required to be removed, relocated, or abandoned, provide bypass i connections to maintain continuity of service to other parts of the building before proceeding ` with selective demolition. C. Utility Requirements: Do not start selective demolition work until utility disconnecting and sealing have been completed and verified in writing. 3.3 PREPARATION A. Conduct demolition operations and remove debris to ensure minimum interference with roads, r streets, walks, and other adjacent occupied and used facilities. 9 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around E r SELECTIVE DEMOLITION 02070 - 3 i Copyright 1994 AIA MASTERSPEC 5/94 closed or obstructed traffic ways if required by governing regulations. B. Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people around selective demolition area. 3.4 POLLUTION CONTROLS A. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 1. Remove debris from elevated portions of building by chute, hoist, or other device that will convey debris to grade level. B. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before start of selective demolition. 3.5 SELECTIVE DEMOLITION A. Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete Work within limitations of governing regulations and as follows: 1. Proceed with selective demolition systematically. 2. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likelyto damage construction to remain or adjoining construction. To minimize disturbance of adjacent surfaces, use hand or small power tools designed for sawing or grinding, not hammering and chopping. Temporarily cover openings to remain. 3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 4. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame -cutting operations. Maintain portable fire -suppression devices during flame - cutting operations. 5. Maintain adequate ventilation when using cutting torches. 6. Remove decayed, vermin4nfested, or otherwise dangerous or unsuitable materials and promptly dispose of off -site. 7. Locate selective demolition equipment throughout the structure and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. 8. Dispose of demolished items and materials promptly. On -site storage or sale of removed items is prohibited. 9. Return elements of construction and surfaces to remain to condition existing before start of selective demolition operations. B. Remove no more existing roofing than can be covered in one day by new roofing. See applicable Division 7 Section for new roofing requirements. C. Remove air-conditioning equipment without releasing refrigerants. 3.6 EXISTING MECHANICAL AND ELECTRICAL ROOF MOUNTED EQUIPMENT A. Existing fans and other equipment shall be moved as required to install roofing materials complete and in accordance with drawings and specifications. When units and equipment are required to be moved and reinstalled, they shall be carefully disconnected and manned to a protected area to prevent damage to any component, and shall be reconnected to their prior operating conditions. SELECTIVE DEMOLITION 02070 - 4 7 11 Copyright 1994 AIA MASTERSPEC 5/94 r B. Appropriate measures shall be taken to prevent dust, vapors, gasses or odors from entering the building during roof equipment removal, replacement or repair. C. All disconnections of all mechanical, plumbing and electrical items shall be preformed by a mechanical and/or electrical company licensed to perform such worts. D. The contractor shall notify the Architect a minimum of 48 hours prior to disconnecting electrical service to any mechanical equipment. F r t r 3.7 PATCHING AND REPAIRS A. Promptly patch and repair holes and damaged surfaces caused to adjacent construction by selective demolition operations. B. Patching is specified in Division 2 Section "Cutting and Patching." C. Where repairs to existing surfaces are required, patch to produce surfaces suitable for new materials. 1. Completely fill holes and depressions in existing masonry walls to remain with an approved masonry patching material, applied according to manufacturer's printed recommendations. 2. Completely fill holes in existing metal roof deck where indicated on the drawings. Refer to drawings for details. 3.8 DISPOSAL OF DEMOLISHED MATERIALS A. General: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on -site: B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 3.9 CLEANING A. Sweep the building broom clean on completion of selective demolition operation. B. Change filters on air -handling equipment on completion of selective demolition operations. END OF SECTION 02070 r, SELECTIVE DEMOLITION 02070 - 5 r r r Copyright 1994 AIA MASTERSPEC SECTION 02071 - CUTTING AND PATCHING PART 1 - GENERAL r i 1.1 �., 1 A. r 1.2 A. RELATED DOCUMENTS 2/94(M1 /94) Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. SUMMARY This Section includes administrative and procedural requirements for cutting and patching. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 2 Section "Selective Demolition" for demolition of selected portions of the building for alterations. 2. Refer to other Sections for specific requirements and limitations applicable to cutting and patching individual parts of the Work. 1.3 SUBMITTALS A. Cutting and Patching Proposal: Submit a proposal describing procedures well in advance of the time cutting and patching will be performed if the Owner requires approval of these procedures before proceeding. Request approval to proceed. Include the following information, as applicable, in the proposal: 1. Describe the extent of cutting and patching required. Show how it will be performed and indicate why it cannot be avoided. 2. Describe anticipated results in terms of changes to existing construction. Include changes to structural elements and operating components as well as changes in the building's appearance and other significant visual elements. 3. List products to be used and firms or entities that will perform Work. 4. Indicate dates when cutting and patching will be performed. 5. Utilities: List utilities that cutting and patching procedures will disturb or affect. List utilities that will be relocated and those that will be temporarily out -of -service. Indicate how long service will be disrupted. 6. Approval by the Architect to proceed with cutting and patching does not waive the Architect's right to later require complete removal and replacement of unsatisfactory work. 1.4 QUALITY ASSURANCE A. Requirements for Structural Work Do not cut and patch structural elements in a manner that would change their load -carrying capacity or load -deflection ratio. 1. Obtain approval of the cutting and patching proposal before cutting and patching the following structural elements: a. Structural decking. PM CUTTING AND PATCHING 02071 -1 Copyright 1994 AIA MASTERSPEC 2/94(M1/94) B. Operational Limitations: Do not cut and patch operating elements or related components in a manner that would result in reducing their capacity to perform as intended. Do not cut and patch operating elements or related components in a manner that would result in increased maintenance or decreased operational life or safety. C. Visual Requirements: Do not cut and patch construction in a manner that would result in visual evidence of cutting and patching. Remove and replace construction cut and patched in a visually unsatisfactory manner. . 1.5 WARRANTY A. Existing Warranties: Replace, patch, and repair material and surfaces cut or damaged by methods and with materials in such a manner as not to void any warranties required or existing. ^" PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL A. Use materials Identical to existing materials. For exposed surfaces, use materials that visually match existing adjacent surfaces to the fullest extent possible if identical materials are unavailable or cannot be used. Use materials whose installed performance will equal or surpass that of existing materials. PART 3 - EXECUTION 3.1 INSPECTION A. Examine surfaces to be cut and patched and conditions under which cutting and patching is to be performed before cutting. If unsafe or unsatisfactory conditions are encountered, take corrective action before proceeding. 3.2 PREPARATION A. Temporary Support: Provide temporary support of work to be cut. B. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of the Project that might be exposed during cutting and patching operations. C. Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Avoid cutting existing pipe, conduit, or ductwork serving the building but scheduled to be removed or relocated until provisions have been made to bypass them. 3.3 PERFORMANCE A. General: Employ skilled workmen to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay. 1. Cut existing construction to provide for installation of other components or performance of CUTTING AND PATCHING 02071 - 2 7 Copyright 1994 AIA MASTERSPEC 2/94(M1/94) l� r other construction activities and the subsequent fitting and patching required to restore surfaces to their original condition. B. Cutting: Cut existing construction using methods least likely to damage elements retained or adjoining construction. Where possible, review proposed procedures with the original Installer; comply with the original Installer's recommendations. 1. in general, where cutting, use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. To avoid marring existing finished surfaces, cut or drill from the exposed or finished side into concealed surfaces. C. Patching: Patch with durable seams that are as invisible as possible. Comply with specified tolerances. 1. Where feasible, Inspect and test patched areas to demonstrate Integrity of the Installation. 2. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3.4 CLEANING A. Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty, and similar items. Thoroughly clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition. END OF SECTION 01045 0 r r. CUTTING AND PATCHING 02071 - 3 i Copyright 1997 AtA MASTERSPEC 5/97 r" ; SECTION 05500 - METAL FABRICATIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Steel framing and supports for mechanical and electrical equipment. B. Related Sections include the following: 1. Division 6 Section "Miscellaneous Carpentry" for metal framing anchors and other rough hardware. 1.3 QUALITY ASSURANCE A. Fabricator Qualifications: A firm experienced In producing metal fabrications similar to those Pe P 9 indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. 1.4 PROJECT CONDITIONS A. Field Measurements: Where metal fabrications are indicated to fit walls and other construction, verify dimensions by field measurements before fabrication and indicate measurements on Shop Drawings. Coordinate fabrication schedule with construction progress to avoid delaying the Work. 1.5 COORDINATION A. Coordinate installation of anchorages for metal fabrications. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with Integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. PART 2-PRODUCTS 2.1 METALS, GENERAL A. Metal Surfaces, General: For metal fabrications exposed to view in the completed Work, provide materials with smooth, flat surfaces without blemishes. Do not use materials with exposed pitting, seam marks, roller marks, rolled trade names, or roughness. METAL FABRICATIONS 05500 -1 3 Copyright 1997 AIA MASTERSPEC 5/97 2.2 FERROUS METALS A. Steel Plates, Shapes, and Bars: ASTM A 361A 36M. B. Welding Rods and Bare Electrodes: Select according to AWS specifications for metal alloy welded. 2.3 PAINT A. Shop Primers: Provide primers that comply with Division 9 Section "Painting." B. Shop Primer for Ferrous Metal: Fast -curing, lead- and chromate -free, universal modified -alkyd primer complying with performance requirements in FS TT-P-664; selected for good resistance to normal atmospheric corrosion, compatibility with finish paint systems indicated, and capability to provide a sound foundation for field -applied topcoats despite prolonged exposure. C. Bituminous Paint Cold -applied asphalt mastic complying with SSPC-Paint 12, except containing no .� asbestos fibers, or cold -applied asphalt emulsion complying with ASTM D 1187. 2.4 FASTENERS A. General: Provide Type 304 or 316 stainless -steel fasteners for exterior use and zinc -plated fasteners with coating complying with ASTM B 633, Class Fe2n 5, where built into exterior walls. Select — fasteners for type, grade, and class required. B. Bolts and Nuts: Regular hexagon -head bolts, ASTM A 307, Grade A (ASTM F 568M, Property Class 4.6); with hex nuts, ASTM A 563 (ASTM A 563M); and, where indicated, flat washers. — C. Anchor Bolts: ASTM F 1554, Grade 36. D. Lag Bolts: ASME B18.2.1 (ASME B18.2.3.8M). E. Wood Screws: Flat head, carbon steel, ASME B18.6.1. F. Plain Washers: Round, carbon steel, ASME B18.22.1 (ASME B18.22M). G. Lock Washers: Helical, spring type, carbon steel, ASME B18.21.1 (ASME B18.21.2M). — 2.5 FABRICATION, GENERAL A. Shop Assembly. Preassemble items In shop to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Use connections that maintain structural value of joined pieces. Clearly mark units for reassembly and coordinated installation. B. Shear and punch metals cleanly and accurately. Remove burrs. C. Ease exposed edges to a radius of approximately 1/32 inch (1 mm), unless otherwise indicated. Form bent -metal corners to smallest radius possible without causing grain separation or otherwise _ impairing work. D. Weld corners and seams continuously to comply with the following: METAL FABRICATIONS 05500 - 2 Copyright 1997 AK MASTERSPEC 5197 1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. 2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and .surfaces smooth and blended so no roughness shows after finishing and contour of welded surface matches that of adjacent l^ surface. E. Provide for anchorage of type Indicated; coordinate with supporting structure. Fabricate and space anchoring devices to secure metal fabrications rigidly In place and to support indicated loads. F. Cut, reinforce, drill, and tap metal fabrications as indicated to receive finish hardware, screws, and similar items. G. Fabricate joints that will be exposed to weather In a manner to exclude water, or provide weep holes where water may accumulate. H. Allow for thermal movement resulting from the following maximum change (range) In ambient and surface temperatures by preventing buckling, opening up of joints, overstressing of components, failure of connections, and other detrimental effects. Base engineering calculation on surface temperatures of materials due to both solar heat gain and nightfime-sky heat loss. 1. Temperature Change (Range): 120 deg F (67 deg C), ambient; 180 deg F (100 deg C), material surfaces. I. Form exposed work true to line and level with accurate angles and surfaces and straight sharp edges. J. Remove sharp or rough areas on exposed traffic surfaces. 2.6 MISCELLANEOUS FRAMING AND SUPPORTS A. General: Provide steel framing and supports Indicated and as necessary to complete the Work. B. Fabricate units from structural -steel shapes, plates, and bars of welded construction, unless otherwise Indicated. Fabricate to sizes, shapes, and profiles indicated and as necessary to receive adjacent construction retained by framing and supports. Cut, drill, and tap units to receive hardware, hangers, and similar items. C. Galvanize miscellaneous framing and supports where Indicated. 2.7 FINISHES, GENERAL A. Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. B. Finish metal fabrications after assembly. 2.8 STEEL AND IRON FINISHES t A. Galvanizing: Hot -dip galvanize items as indicated to comply with applicable standard listed below: 1. ASTM A 123, for galvanizing steel and Iron products. r METAL FABRICATIONS 05500 - 3 1. Copyright 1997 AIA MASTERSPEC 5/97 2. ASTM A 153JA 153M, for galvanizing steel and iron hardware. B. Preparation for Shop Priming: Prepare uncoated ferrous -metal surfaces to comply with minimum requirements indicated below for SSPC surface -preparation specifications and environmental exposure conditions of installed metal fabrications: 1. Exteriors (SSPC Zone 1 B): SSPC-SP 6/NACE No. 3, "Commercial Blast Cleaning." C. Apply shop primer to uncoated surfaces of metal fabrications, except those with galvanized finishes and those to be embedded in concrete, sprayed -on fireproofing, or masonry, unless otherwise indicated. Comply with SSPC-PA 1, "Paint Application Specification No. 1," for shop painting. 1. Stripe paint corners, crevices, bolts, welds, and sharp edges. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Fastening to In -Place Construction: Provide anchorage devices and fasteners where necessary for securing metal fabrications to in -place construction. Include threaded fasteners for concrete and masonry inserts, toggle bolts, through -bolts, lag bolts, wood screws, and other connectors. B. Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for installing metal fabrications. Set metal fabrications accurately in location, alignment, and elevation; with edges and surfaces level, plumb, true, and free of rack; and measured from established lines and levels. C. Fit exposed connections accurately together to form hairline joints. Weld connections that are not to be left as exposed joints but cannot be shop welded because of shipping size limitations. Do not weld, cut, or abrade surfaces of exterior units that have been hot -dip galvanized after fabrication and are for bolted or screwed field connections. D. Field Welding: Comply with the following requirements: 1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. 2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and surfaces smooth and blended so no roughness shows after finishing and contour of welded surface matches that of adjacent surface. 3.2 INSTALLING MISCELLANEOUS FRAMING AND SUPPORTS A. General: Install framing and supports to comply with requirements of items being supported, including manufacturers' written instructions and requirements indicated on Shop Drawings, if any. 3.3 ADJUSTING AND CLEANING A. Touchup Painting: Immediately after erection, clean field welds, bolted connections, and abraded areas of shop paint, and paint exposed areas with the same material as used for shop painting to comply with SSPC-PA 1 for touching up shop -painted surfaces. METAL FABRICATIONS 05500 - 4 Copyright 1997 ALA MASTERSPEC 5/97 1. Apply by brush or spray to provide a minimum 2.0-mil (0.05-mm) dry film thickness. B. Touchup Painting: Cleaning and touchup painting of field welds, bolted connections, and abraded areas of shop paint are specified in Division 9 Section "Painting." C. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas and repair galvanizing to comply with ASTNI A 780. END OF SECTION 05500 METAL FABRICATIONS 05500 - 5 Copyright 1995 ALA MASTERSPEC r- SECTION 06105 - MISCELLANEOUS CARPENTRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS 5195 A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY E, A. This Section includes the following: 1. Framing with dimension lumber. 2. Rooftop equipment bases and support curbs. 3. Wood furring, grounds, nailers, and blocking. 1.3 SUBMITTALS i A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. B. Product data for the following products: 1. Treated wood products for compatibility with roofing materials. r C. Wood treatment data as follows, including chemical treatment manufacturer's instructions for handling, storing, installing, and finishing treated materials: 1. For each type of preservative -treated wood product, include certification by treating plant stating type of preservative solution and pressure process used, net amount of preservative retained, and compliance with applicable standards. 2. For waterbome-treated products, include statement that moisture content of treated materials was reduced to levels Indicated before shipment to Project site. 3. For fire -retardant -treated wood products, include certification by treating plant that treated materials comply with specified standard and other requirements as well as data relative to bending strength, stiffness, and fastener -holding capacities of treated materials. 1.4 DELIVERY, STORAGE, AND HANDLING A. Keep materials under cover and dry. Protect from weather and contact with damp or wet surfaces. Stack lumber, plywood, and other panels. Provide for air circulation within and around stacks and under temporary coverings. 1. For lumber and plywood pressure treated with waterbome chemicals, place spacers between each bundle to provide air circulation. PART2-PRODUCTS MISCELLANEOUS CARPENTRY 06105 -1 Copyright 1995 ALA MASTERSPEC 5195 2.1 LUMBER, GENERAL A. Lumber Standards: Comply with DOC PS 20, "American Softwood Lumber Standard," and with applicable grading rules of inspection agencies certified by American Lumber Standards Committee's (ALSC) Board of Review. B. Inspection Agencies: Inspection agencies, and the abbreviations used to reference them, include the following: 1. SPIB - Southern Pine Inspection Bureau. 2. WWPA - Western Wood Products Association. C. Grade Stamps: Provide lumber with each piece factory marked with grade stamp of inspection agency evidencing compliance with grading rule requirements and identifying grading agency, grade, species, moisture content at time of surfacing, and mill. 1. For exposed lumber, furnish pieces with grade stamps applied to ends or back of each piece. D. Where nominal sizes are indicated, provide actual sizes required by DOC PS 20 for moisture content specified. Where actual sizes are indicated, they are minimum dressed sizes for dry lumber. 1. Provide dressed lumber, S4S, unless otherwise indicated. 2. Provide dry lumber with 19 percent maximum moisture content at time of dressing for 2-inch nominal (38-mm actual) thickness or less, unless otherwise indicated. 2.2 WOOD -PRESERVATIVE -TREATED MATERIALS A. General: Where lumber or plywood is indicated as preservative treated or is specified to be treated, comply with applicable requirements of AWPA C2 (lumber) and AWPA C9 (plywood). Mark each treated item with the Quality Mario Requirements of an inspection agency approved by ALSC's Board of Review. B. Pressure treat aboveground items with waterborne preservatives to a minimum retention of 0.25 Ib/cu. ft. (4.0 kg/cu. m). After treatment, kiln -dry lumber and plywood to a maximum moisture content of 19 and 15 percent, respectively. Treat indicated items and the following: 1. Wood nailers, curbs, equipment support bases, blocking, stripping, and similar members in connection with roofing, flashing, vapor barriers, and waterproofing. 2. Wood sills, sleepers, blocking, furring, stripping, and similar concealed members in contact with masonry or concrete. 2.3 MISCELLANEOUS LUMBER A. General: Provide lumber for support or attachment of other construction, including rooftop equipment curbs and support bases, bucks, nailers, blocking, furring, grounds, stripping, and similar members. B. Fabricate miscellaneous lumber from dimension lumber of sizes indicated and into shapes shown. C. Moisture Content: 19 percent maximum for lumber items are not specified to receive wood preservative treatment. D. Grade: "Standard" grade light -framing -size lumber of any species or board -size lumber as required. "No. 3 Common" or "Standard" grade boards per WCUB or WWPA rules or `No. 2 Boards" per SPIB MISCELLANEOUS CARPENTRY 06105 - 2 Copyright 1995 AIA MASTERSPEC 5/95 rules. E. All lumber used for roofing nailers; curbs, expansion Joints, etc., shall be treated with products compatible with roofing materials. l 2.4 FASTENERS A. General: Provide fasteners of size and type Indicated that comply with requirements specified in this Article for material and manufacture. 1. Where miscellaneous carpentry is exposed to weather, in ground contact, or in area of high relative humidity, provide fasteners with a hot -dip zinc coating per ASTM A 153 or of Type 304 stainless steel, B. Nails, Wire, Brads, and Staples: FS FF-N-105. C. Power -Driven Fasteners: CABO NER-272. D. Bolts: Steel bolts complying with ASTM A 307, Grade A (ASTM F 568, Property Class 4.6); with ASTM A 563 (ASTM A 563M) hex nuts and, where indicated, flat washers. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Discard units of material with defects that impair quality of carpentry and that are too small to use with minimum number of Joints or optimum joint arrangement. B. Set carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. C. Fit carpentry to other construction; scribe and cope as required for accurate fit. Correlate location of furring, nalers, blocking, grounds, and similar supports to allow attachment of other construction. D. Apply field treatment complying with AWPA M4 to cut surfaces of preservative -treated lumber and plywood. E. Securely attach carpentry work as indicated and according to applicable codes and recognized standards. F. Countersink nail heads on exposed carpentry work and fill holes with wood filler. G. Use fasteners of appropriate type and length. Predrill members when necessary to avoid splitting wood. 3.2 WOOD GROUNDS, NAILERS, BLOCKING, AND SLEEPERS A. Install where shown and where required for screeding or attaching other work. Cut and shape to required size. Coordinate locations with other work Involved. j' B. Attach to substrates to support applied loading. Recess bolts and nuts flush with surfaces, unless a . otherwise Indicated. END OF SECTION 06105 7 MISCELLANEOUS CARPENTRY 06105 - 3 Copyright 1996 AIA MASTERSPEC SECTION 07552 - SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: r1. Single -ply, modified bituminous membrane roofing. 2. Base sheet. 3. Roofing insulation. r 4. Fiber cant strips. E B. Related Sections include the following: 1. Division 6 Section "Miscellaneous Carpentry" for wood blocking, curbs, cants, and nailers. 2. Division 7 Section "Sheet Metal Flashing and Trim" for metal roof penetration flashings, flashings, and counterflashings. 3. Division 7 Section "Roof Accessories." 1.3 DEFINITIONS A. Roofing Terminology: Refer to ASTM D 1079 for definitions of terms related to roofing work not otherwise defined in this Section. B. Hot Roofing Asphalt: Roofing asphalt heated to its equiviscous temperature, the temperature at which its viscosity is 125 centipoise for mop -applied roofing asphalt within a range of plus or minus 25 deg F (14 deg C) measured at the 'mop cart immediately before application. 1.4 PERFORMANCE REQUIREMENTS A. General: Install a watertight, modified bituminous membrane roofing and base flashing system with compatible components that will not permit the passage of liquid water and will withstand wind loads, thermally induced movement, and exposure to weather without failure. B. FM Listing: Provide modified bituminous membrane, base flashings, and component materials that meet requirements of FM 4450 and FM 4470 as part of a roofing system and that are listed In FM's "Approval Guide" for Class 1 or noncombustible construction, as applicable. Identify materials with FM markings. 1. Roofing system shall comply with the following: a. Fire/VVindstorm Classlfication: Class 1A-90. i r SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 07552 -1 i; Copyright 1996 AIA MASTERSPEC 2/96 1.5 SUBMITTALS A. Product Data: For each type of roofing product specified. Include data substantiating that materials comply with requirements. B. Samples for Verification: Of the following products: 1. 12-by-124nch (300-by-300-mm) square of modified bituminous, granule -surfaced cap sheets, of color specified. C. Installer Certificates: Signed by roofing system manufacturer certifying that Installer is approved, authorized, or licensed by manufacturer to install specified roofing system and is eligible to receive the standard roofing manufacturer's warranty. D. Manufacturer Certificates: Signed by roofing system manufacturer certifying that the roofing system complies with requirements specified in the "Performance Requirements" Article. Upon request, submit evidence of complying with requirements. 1.6 QUALITY ASSURANCE A. Installer Qualifications: Engage an experienced installer to perform Work of this Section who has specialized in installing roofing similar to that required for this Project; who is approved, authorized, or licensed by the roofing system manufacturer to install manufacturer's product; and who is eligible to receive the standard roofing manufacturer's warranty. B. Fire -Test -Response Characteristics: Provide roofing materials with the fire -test -response characteristics indicated as determined by testing identical products per test method Indicated below by UL, FM, or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency. 1. Exterior Fire -Test Exposure: Class A; complying with ASTM E 108, for application and slopes indicated. 1.7 DELIVERY, STORAGE, AND HANDLING A. Store roofing materials in a dry, well -ventilated, weathertight location to ensure no significant moisture pickup and maintain at a temperature exceeding roofing system manufacturer's written instructions. Store rolls of felt and other sheet materials on end on pallets or other raised surfaces. Do not double -stack rolls. Handle and store roofing materials and place equipment in a manner to avoid significant or permanent damage to deck or structural supporting members. B. Do not leave unused felts and other sheet materials on the roof overnight or when roofing work is not in progress unless protected from weather and moisture and unless maintained at a temperature exceeding 50 deg F (10 deg C). C. Deliver and store liquid materials in their original undamaged containers in a clean, dry, protected location and within the temperature range required by roofing system manufacturer. D. Protect roofing insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written instructions for handling, storing, and protecting during installation. SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 07552 - 2 r E Copyright 1996 AIA MASTERSPEC 2/96 1.8 PROJECT CONDITIONS r A. Weather Limitations: Proceed with roofing work only when existing and forecasted weather conditions permit roofing to be Installed according to manufacturers' written instructions and warranty requirements. 1.9 WARRANTY *„ A. General Warranty. The warranties spedfied In this Article shall not deprive the Owner of other rights + the Owner may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the Contract Documents. B. Standard Roofing Manufacturer's Warranty: Submit a written warranty, without monetary limitation, signed by roofing system manufacturer agreeing to promptly repair leaks in the roof membrane and base tlashings resulting from defects in materials or workmanship for the following warranty period: 1. Warranty Period: 10 years. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Roofing systems shall be equal to TAMKO Asphalt Products modified bitumen specification #107FR, Awaplan Premium FR membrane. B. The following roofing systems are approved for the work of this section provided that all other conditions of this section 07552, including the system warranty and membrane warranty specified in other portions of this Specification, are met and warranties Issued: 1. GAF system with Ruberoid MB Pius FR membrane. 2. Schuller system with DynaKap FR membrane. 2.2 SBS - MODIFIED BITUMINOUS MEMBRANE ROOFING MATERIALS A. All materials shall be acceptable to the manufacturer of the roofing system Installed. B. Provide roofing materials which comply with the following general standards or as recommended by the roofing system manufacturer. C. Roofing System Materials: 1. Bitumen shall be alrblown asphalt manufactured especially for roofing purposes with the current edition or lasted revision of ASTM Specification D 312, Steep Grade, Type III. 2. Modified Base Sheet shall be equal to TAMKO VERSA -BASE. 3. Fiberglass Base Ply and Stripping Ply shall be equal to TAMKO TAM -PLY IV. 4. Modified Bitumen Membrane shall be equal to TAMKO AWAPLAN PREMIUM FR granule r surfaced modified bitumen membrane, color shall be white. is SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 07552 - 3 Copyright 1996 ALA MASTERSPEC 2/96 5. Mop Applied Flashing Ply shall be equal to TAMKO AWAPLAN PREMIUM FR, granule surfaced modified bitumen membrane, color shall be white. D. Miscellaneous Materials: 1. Plastic Cement: a. Equal to TAMKO "TAM -PRO Plastic Roofing Cement', ASTM D-4586, FS SS-C153, Type I. b. Equal to TAMKO'TAM-PRO Heavy Bodied Flashing Cement", ASTM D-4586, FS SS- C153, Type 1. C. Equal to TAMKO'TAM-PRO Wet or Dry Surface Plastic Roof Cement", ASTM D-4586, ASTM D-3409. 2. Asphalt Primer, where required, shall comply with ASTM D41. 3. Fasteners, where required, shall be galvanized or non-ferrous type, size and design as required to suit application. 4. Preformed Cant shall be 4"x4" with a 45 degree angle and a 5" face. Cant material shall be "- molded asphalt impregnated organic fiber or fire resistant perlite. E. Provide all additional materials required by the roofing system manufacturer to allow the inssuance of the Ten (10) Year NDL Roofing System Guarantee. 2.3 INSULATION MATERIALS A. Asphalt Primer shall conform to ASTM D-41. B. Bitumen shall be airblown asphalt manufactured especially for roofing purposes complying with the current edition or latest revision of ASTM specifications D-312, Steep Grade, Type III, 185-205 degrees F. Softening point. C. Rigid Insulation and Insulative Fill: 1. General Requirements: a. Insulation types and manufacturers shall be accepted by roofing material manufacturer. b. Insulation shall be approved by Factory Mutual and Underwriters Laboratories for use as a roofing insulation. 2. Polyisocyanurate - Foam Board Insulation. Rigid boards of minimum 2.0 pcf density, polyisocyanurate - base foam core. Provide faced boards 2.3 inches thick, with minimum 'R' - value of 16.67 when tested according to ASTM C-518 after insulation is conditioned per RIC/TIMA 281-1 Conditioning Procedure. Provide the manufacturer's standard sizes. 3. Equal to FIRESTONE 6ISO95+" or SCHULLER " UltraGard". D. Tapered Insulation: 1. Perlite Board Insulation: Rigid, noncombustible, perlite - fiber boards 3/4 inch thick, with -` SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 07552 - 4 _ Copyright 1996 AIA MASTERSPEC 2/96 minimum Raralue of 2.08, integrally skinned surfaces, complying with ASTM C-728. Provide manufacturer's standard sizes. j 2. Tapered insulation shall be equal to Tapered Fesco Board as manufactured by Schuller, ii International of Denver, Colorado. Panels shall be tapered'1/4" rise in 12" run as noted on the drawings. Minimum insulation thickness shall be'/ inch. E. Fasteners: r, 1. Fasteners shall be #14 Factory Mutal approved fastener with CRA 0 coating with a minimum .188" diameter shank and a .245" diameter thread with round pressure plate. Fastener selection, spacing and installation shall resist wind uplift force of 90 pounds per square foot of deck in accordance with UL 1897. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions under which roofing will be applied, with Installer present, for compliance with requirements. B. Verify that roof openings and penetrations are in place and set and braced. C. Verify that wood blocking, curbs, and milers are securely anchored to roof deck at roof penetrations and terminations and match the thicknesses of insulation required. 1. Verify that wood nailer strips are located perpendicular to roof slope and are spaced according to requirements of roofing system manufacturer. D. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Clean substrate of dust, debris, and other substances detrimental to roofing installation according to roofing system manufacturer's written Instructions. Remove sharpprojections. 3.3 GENERAL INSTALLATION REQUIREMENTS r A. Install modified bituminous membrane roofing system according to roofing system manufacturer's written instructions and applicable recommendations of NRCA/ARMA's "Quality Control Recommendations for Polymer Modified Bitumen Roofing." 1. Install roofing system according to applicable specification plates of NRCA's "The NRCA Roofing and Waterproofing Manual." B. Start Installation of modified bituminous membrane roofing In presence of roofing system manufacturer's technical personnel. C. Shingling Plies: Install modified bituminous membrane roofing system with ply sheets shingled uniformly to achieve required number of membrane plies throughout. Shingle In direction to shed water. F. SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 07552 - 5 Copyright 1996 AIA MASTERSPEC 2196 D. Cant Strips: Install and secure preformed 45-degree cant strips at junctures of modified bituminous membrane roofing system with vertical surfaces or angle changes greater than 45 degrees. E. Cooperate with inspecting and testing agencies engaged or required to perform services for installing modified bituminous membrane roofing system. F. Coordinate installing roofing system components so insulation and roofing plies are not exposed to precipitation or left exposed at the end of the workday or when rain is forecast. 1. Provide cutoffs at end of each days work to cover exposed ply sheets and Insulation with a course of coated felt with joints and edges sealed. 2. Complete terminations and base flashing and provide temporary seals to prevent water from entering completed sections of roofing system. 3. Remove and discard temporary seals before beginning work on adjoining roofing. G. Asphalt Heating: Heat roofing asphalt and apply within plus or minus 25 deg F (14 deg C) of equiviscous temperature, unless otherwise required by roofing system manufacturer. Do not raise roofing asphalt temperature above the equiviscous temperature range more than one hour before time of application. Do not exceed roofing asphalt manufacturer's recommended temperature limits during roofing asphalt heating. Do not heat roofing asphalt within 25 deg F (14 deg C) of flash point. Discard roofing asphalt maintained at a temperature exceeding 500 deg F (260 deg C) for more than 4 hours. Keep kettle lid closed, unless adding roofing asphalt. 1. Substrate -Joint Penetrations: Prevent roofing asphalt from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction. If mopping is applied directly to substrate, tape substrate joints. 3.4 INSTALLATION OF ROOF INSULATION/GENERAL A. All roof insulation work shall be done in strict accordance with the instructions and recommendations of the manufacturer. if printed instructions are not available or do not apply to the project conditions, consult the manufacturer's technical representative for specific recommendations before preceding with the work. B. Do not overload the building structure with the storage of materials or use of equipment of the deck. C. Do not proceed with the installation of Insulation unless the materials, equipment and tradesmen required for the installation of the roofing Insulation and membrane over the insulation are on the project site and ready to follow with this work immediately (same day) behind the work. Do not install any more insulation each day than can be covered with waterproof membrane by the end of that working day. D. Prepare the substrate so that it is dry, clean, relatively smooth and otherwise satisfactorily prepared to receive the roof insulation board. E. Extend insulation full thickness over the entire surfaces to be insulated. Cut and fit tightly around obstructions and fill voids with insulation. F. Form slight depressions at roof scuppers and roof drains with insulation approximately 1" less in thickness than adjacent roof areas so that finished roofing will not be above adjoining areas. G. All insulation application shall resist wind uplift force of 90 pounds per square foot of deck area in accordance with UL 1897. H. The contractor is cautioned than any insulation that becomes wet for any reason shall be removed, discarded and replaced. SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 07552 - 6 I ` Copyright 1996 ALA MASTERSPEC 2/96 i 3.5 EXAMINATION A. Verify that surfaces and site conditions are ready to receive work. B. Verify deck is supported and secured C. Verify deck is clean and smooth, free of depressions, waves, or projections, and properly sloped. D. Verify deck surfaces are dry and free of snow or ice. E. Verify roof openings, curbs, pipes, sleeves, ducts, and vents through roof are solidly set, and cant strips, nailing strips, and reglets are in place. 3.6 INSULATION APPLICATION A. Mechanically fasten one layer of insulation to the metal roof deck in accordance with insulation manufacturer's instructions. Mop second layer of insulation with joints staggered from first layer. B. Embed one layer of tapered insulation or insulative fill in a mopping of hot asphalt applied at an approbmate rate of 33 pounds per 100 square feet of deck area. C. Lay insulation board with edges in moderate contact without forcing. Cut insulation to fit neatly to perimeter blocking and around penetrations through roof. D. Apply no more insulation than can be sealed with base ply membrane In the same day. E. Mopping asphalt shall be heated to between 375 degrees and 425 degrees F. at the point of application (mop bucket, mechanical mopper or felt layer). Asphalt shall not be heated above 525 degrees F. nor held above 500 degrees F. for more than 4 hours. F. Each board of insulation shall be walked Into place and shall be physically checked by workmen for proper adhesion. G. Cut and fit insulation boards where deck intersects vertical surfaces. Cut board 1/4 inch from vertical surface. H. Promptly spread and bitumen pools that may accumulate on insulation surface to achieve smooth surface for roofing installation. The long dimension of the insulation boards shall generally run perpendicular to the roof slope and the short joints shall be staggered. J. The insulation shall be butted together with no gaps greater than 1/4 inch. Gaps greater than 1/4 Inch shall be filled with the same material. Ma)dmum elevation variation between insulation boards at joints shall be 1/8 inch. 3.7 CRICKETS A. Install premanufactured crickets as shown on drawings. B. Adhere crickets to substrate in a full mopping of hot steep asphalt. r SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 07552 - 7 I. Copyright 1996 AIA MASTERSPEC 2/96 C. Cricket material shall have a'/ Inch per 12 inch slope. 3.8 TEMPORARY WATER CUTOFFS A. The contractor shall install temporary water cutoffs at the end of each day's work. B. The water cutoff shall consist of 1 ply of modified base ply installed in a mopping of hot asphalt extending onto the deck and insulation a minimum of 6 inches. C. When roofing work is to be resumed, the temporary water cutoff shall be removed cleanly from the insulation (top surface and vertical joint) and from the deck to ensure tight insulation joints and level insulation surfaces. D. Any in -place roofing which becomes wet from the contractor's failure to install temporary water cutoffs or a faulty temporary water cutoff installation shall be removed and replaced by the contractor as directed by the Architect at no additional cost to the owner. 3.9 CLEANING A. At completion of work under this section, all rubbish accumulated by these operations shall be removed from the site. 3.10 ROOF MEMBRANE INSTALLATION A. All modified bitumen roofing materials and construction shall be done in strict accordance with the manufacturer's instructions and recommendations. If printed instructions are not obtainable or do not apply to the project conditions, consult the manufacturer's technical representative for specific recommendations before proceeding with the work. 3.11 SUBSTRATE PREPARATION A. Before ply application is started, prepare surface by removing trash, debris, grease, oil, water moisture and contaminates affecting bond of asphalt to surface. B. Verify that surfaces are dry as per respective manufacturer's and applicator's published instructions. C. Prepare other surfaces according to respective manufacturer's and applicator's published instructions. D. Use cleaning materials necessary to render an acceptable surface. E. User compatible materials on voids and joints so finished deck surface will be even and smooth. F. Protect adjacent areas with tarpaulin or other durable materials. G. Prepare properly for flashing and secure in position any projections through roof deck. Install new metal flashing, fascias, gravel guards and other items as required. H. Inspect all parapet walls, roof edges, etc. prior to application of roofing to make sure that proper provisions have been made to install metal counterflashings, etc.. I. Do not apply roofing if damp weather is imminent or if any other conditions exist that will not permit SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 07552 - 8 Copyright 1996 AIA MASTERSPEC 2/96 proper application. Do not apply roofing when moisture is present in the deck. 3.12 WORKMANSHIP A. Protect any lifting point on the roof or deck where roofing materials are transferred from one container to another with two sheets of 4'x8'x5/8" plywood laid with long edges together covered with base sheet overlapping all sides four feet and up and over the parapet. r. B. Repair any damaged areas of base sheet by applying a patch with mopping of hot asphalt r 1 overlapping the damaged area 12" on each side. C. Furnish a thermometer for checking temperature of asphalt in the kettle and at the point of application to the roof deck. a D. Asphalt heating: 1. ASTM D 312 Type III Steep Asphalt shall not be heated above 525 degrees F. nor held above l l 500 degrees F. for more than 4 hours and shall be applied at temperatures between 375 degrees F. and 425 degrees F. unless specifically instructed otherwise by the roofing system manufacturer. E. Provide temporary water cutoffs at the end of each work day. Remove temporary water cutoffs cleanly when work is resumed. 3.13 MEMBRANE ROOF INSTALLATION A. Starting at the low point of the roof, embed one ply of base sheet with a minimum of 2" side laps and a minimum of 4" end laps into a full mopping of hot steep asphalt at a minimum rate of 23 pounds per 100 square feet. Broom to obtain embedment of the base ply. B. Starting at the low point of the roof, solidly adhere one ply of equal to TAMKO AWAPLAN PREMIUM FR membrane by mop applying with minimum 4" side laps and minimum 6" end laps. The AWAPLAN membrane shall be solidly adhered to the ply sheet (pressed into the hot asphalt) at a rate of approximately 23 lbs. (+/- 15%) per 100 square feet. All laps shall be checked and sealed while the modified bitumen is still in a semi -fluid state from roll application. A minimum of 1/4" flow of asphalt must extend beyond all edges. Care shall be taken to avoid excessive amounts of asphalt at the lap. All exposed asphalt In excess of 1/4" width shall be covered with granules while the asphalt is still hot Asphalt temperature shall not be less than 400 degrees F. at point of application. Do not mot) more that 4 feet in front of roll. Remove factory splices of modified asphalt sheet materials prior to installation or cover factory splices In the field with a 12" width of modified asphalt sheet material set in hot asphalt. C. Apply membrane without wrinkles or tears, free from air pockets. D. Extend membrane up cant strips and a minimum of 2 inches onto vertical surface. E. At the end of each day install temporary water cutoffs consisting one ply of coated base sheet installed in mopping of asphalt extending onto the deck a minimum of 6". Cover all edges of insulation. Completely remove water cutoffs before resuming roofing. F. Seal membrane around roof penetrations. SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 07552 - 9 Copyright 1996 AIA MASTERSPEC 2/96 3.14 FLASHING A. All new base and parapet flashing shall be torch applied material and systems B. Apply membrane base flashing to seal membrane to vertical elements. Extend a minimum of 6" onto field of roof surface and a minimum of 8" up vertical surface being flashed. Secure top edge at 8" on center. C. Apply modified bitumen parapet flashing In strict accordance with the manufacturer's written requirements and recommendations. D. Termination bars shall be bedded in sealant and shall be anchored 6" on center and within 1" of the end of each bar. Abutting bars shall be spaced 1/4" apart. A continuous bead of sealant shall be placed along the top of all termination bars. E. See Section 07600 for miscellaneous sheet metal accessory items to be installed in the work. F. Provide all accessories and materials to provide a complete and watertight installation of the expansion joint cover. 3.15 TERMINATION BARS A. Termination bars shall be fastened at a minimum spacing of 6" on center with a fastener 1" from each end. B. Joints between runs of termination bars shall be 1/4 to inches wide. C. Termination bars shall have a continuous bead of sealant applied at the top of the bar which completely seals the bar and the edges of the flashing membrane. 3.16 FIELD QUALITY CONTROL A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to Architect. 1. Notify Architect and Owner 48 hours in advance of the date and time of inspection. 3.17 PROTECTING AND CLEANING A. Protect modified bituminous membrane roofing from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Architect and Owner. B. Correct deficiencies in or remove modified bituminous roofing that does not comply with requirements, repair substrates, reinstall roofing, and repair base flashings to a condition free of damage and deterioration at the time of Substantial Completion and according to warranty requirements. C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. END OF SECTION 07552 SBS-MODIFIED BITUMINOUS MEMBRANE ROOFING 07552 10 7 Copyright 1994 ALA MASTERSPEC M4 I^ i SECTION 07620 - SHEET METAL FLASHING PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes sheet metal flashing and trim in the following categories: 1. Metal flashing. 1 B. Related Sections: The following Sections contain requirements that relate to this Section: I 1. Division 7 Section "Roof Accessories" for set -on -type curbs, equipment supports, roof hatches, vents, and other manufactured roof accessory units. 1.3 PERFORMANCE REQUIREMENTS A. General: Install sheet metal flashing and trim to withstand wind loads, structural movement, thermally induced movement, and exposure to weather without failing. l 1.4 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. B. Samples of sheet metal flashing, trim, and accessory items, in the specified finish. Where finish P Pe involves normal color and texture variations, include Sample sets composed of 2 or more units showing the full range of variations expected. 1. 84nch-square samples of specified sheet materials to be exposed as finish surfaces. 1.5 QUALITY ASSURANCE A. Installer Qualifications: Engage an experience Installer who has completed sheet metal flashing and trim work sirnilar In material, design, and extent to that indicated for this Project and with a record of successful In-service performance. 1.6 PROJECT CONDITIONS A. Coordinate Work of this Section with interfacing and adjoining Work for proper sequencing of each installation. Ensure best possible weather resistance, durability of Work, and protection of materials and finishes. r 4- SHEET METAL FLASHING 07620 -1 e t: Copyright 1994 AIA MASTERSPEC 8/94 PART 2 - PRODUCTS 2.1 METALS A. Galvanized Steel Sheet: ASTM A 526, G 90 (ASTM A 526M, Z 275), commercial quality, or ASTM A 527, G 90 (ASTM A 527M, Z 275), lock -forming quality, hot -dip galvanized steel sheet with 020 percent copper, mill phosphatized where indicated for painting; not less than 0.0396 inch (1.0 mm) thick, unless otherwise indicated. B. Lead Sheet: ASTM B 749, Type L51121, copper -bearing lead sheet, with a minimum thickness of 0.0625 inch (1.6 mm) except not less than 0.0937 inch (2.4 mm) thick for applications where burning (welding) is involved. 2.2 MISCELLANEOUS MATERIALS AND ACCESSORIES A. Solder: ASTM B 32, Grade Sn50, used with rosin flux. B. Fasteners: Same metal as sheet metal flashing or other noncorrosive metal as recommended by sheet metal manufacturer. Match finish of exposed heads with material being fastened. C. Asphalt Mastic: SSPC-Paint 12, solvent -type asphalt mastic, nominally free of sulfur and containing no asbestos fibers, compounded for 15-mil (0.4-mm) dry film thickness per coat. D. Mastic Sealant: Polyisobutylene; nonhardening, nonskinning, nondrying, nonmigrating sealant. E. Elastomeric Sealant: Generic type recommended by sheet metal manufacturer and fabricator of components being sealed and complying with requirements for joint sealants as specified in Division 7 Section "Joint Sealants." F. Adhesives: Type recommended by flashing sheet metal manufacturer for waterproof and weather - resistant seaming and adhesive application of flashing sheet metal. G. Metal Accessories: Provide sheet metal ciips, straps, anchoring devices, and similar accessory units as required for installation of Work, matching or compatible with material being installed; noncorrosive; size and thickness required for performance. H. Roofing Cement: ASTM D 4586, Type I, asbestos free, asphalt based. 2.3 FABRICATION, GENERAL A. Sheet Metal Fabrication Standard: Fabricate sheet metal flashing and trim to comply with recommendations of SMACNA's "Architectural Sheet Metal Manual" that apply to the design, dimensions, metal, and other characteristics of the item indicated. B. Comply with details shown to fabricate sheet metal flashing and trim that fit substrates and result in waterproof and weather -resistant performance once installed. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. C. Form exposed sheet metal Work that is without excessive oil canning, buckling, and tool marks and that is true to line and levels indicated, with exposed edges folded back to form hems. D. Seams: Fabricate nonmoving seams in sheet metal with flat -lock seams. Tin edges to be seamed, form seams, and solder. SHEET METAL FLASHING 07620 - 2 Copyright 1994 AIA MASTERSPEC 8/94 E. Expansion Provisions: Space movement joints at maximum of 10 feet (3 m) with no joints allowed within 24 inches (610 mm) of comer or intersection. Where lapped or bayonet -type expansion provisions in Work cannot be used or would not be sufficiently weatherproof and waterproof, form expansion joints of intermeshing hooked flanges, not less than 1 inch (25 mm) deep, filled with mastic sealant (concealed within joints). F. Sealed Joints: Form nonexpanslon, but movable, joints In metal to accommodate elastomeric sealant to comply with SMACNA standards. G. Separate metal from noncompatible metal or corrosive substrates by coating concealed surfaces at locations of contact with asphalt mastic or other permanent separation as recommended by manufacturer. H. Conceal fasteners and expansion provisions where possible. Exposed fasteners are not allowed on faces of sheet metal exposed to public view. I. Fabricate cleats and attachment devices from same material as sheet metal component being anchored or from compatible, noncorrosive metal recommended by sheet metal manufacturer. 1. Size: As recommended by SMACNA manual or sheet metal manufacturer for application but never less than thickness of metal being secured. 2.4 SHEET METAL FABRICATIONS A. General: Fabricate sheet metal items in thickness or weight needed to comply with performance requirements but not less than that listed below for each application and metal. B. Base Flashing: Fabricate from the following material: 1. Galvanized Steel: 0.0276 Inch (0.7 mm) thick. C. Equipment Support Flashing: Fabricate from the following material: 1. Galvanized Steel: 0.0276 Inch (0.7 mm) thick. D. Roof -Penetration Flashing: Fabricate from the following material: 1. Galvanized Steel: 0.0276 inch (0.7 mm) thick. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions under which sheet metal flashing and trim are to be installed and verify that Work may property commence. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. General: Unless otherwise indicated, Install sheet metal flashing and trim to comply with �^ performance requirements, manufacturer's installation instructions, and SMACNNs "Architectural SHEET METAL FLASHING 07620 - 3 Copyright 1994 AIA MASTERSPEC 8/94 Sheet Metal Manual." Anchor units of Work securely in place by methods indicated, providing for thermal expansion of metal units; conceal fasteners where possible, and set units true to line and level as indicated. Install Work with laps, joints, and seams that will be permanently watertight and weatherproof. B. Install exposed sheet metal Work that is without excessive oil canning, buckling, and tool marks and that is true to line and levels indicated, with exposed edges folded back to form hems. Install sheet metal flashing and trim to fit substrates and to result in waterproof and weather -resistant performance. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. C. Expansion Provisions: Provide for thermal expansion of exposed sheet metal Work. Space movement joints at maximum of 10 feet (3 m) with no joints allowed within 24 inches (610 mm) of comer or intersection. Where lapped or bayonet -type expansion provisions in Work cannot be used or would not be sufficiently weatherproof and waterproof, form expansion joints of intermeshing hooked flanges, not less than 1 inch (25 mm) deep, filled with mastic sealant (concealed within joints). D. Soldered Joints: Clean surfaces to be soldered, removing oils and foreign matter. Pretin edges of sheets to be soldered to a width of 1-12 inches (38 mm), except where pretinned surface would show in finished Work. 1. Do not solder the following metals: a. Coil -coated galvanized steel sheet. 2. Do not use torches for soldering. Heat surfaces to receive solder and flow solder into joint. Fill joint completely. Completely remove flux and spatter from exposed surfaces. E. Sealed Joints: Form nonexpansion, but movable, joints in metal to accommodate elastomeric sealant to comply with SMACNA standards. Fill joint with sealant and form metal to completely conceal sealant. 1. Use joint adhesive for nonmoving joints specified not to be soldered. F. Seams: Fabricate nonmoving seams in sheet metal with flat -lock seams. Tin edges to be seamed, form seams, and solder. G. Counterflashings: Coordinate installation of counterflashings with installation of assemblies to be protected by counterflashing. Install counterflashings in reglets or receivers. Secure in a waterproof manner by means of snap -in Installation and sealant, lead wedges and sealant, interlocking folded seam, or blind rivets and sealant. Lap counterflashing joints a minimum of 2 inches (50 mm) and bed with sealant. H. Roof -Drainage System: Install drainage items fabricated from sheet metal, with straps, adhesives, and anchors recommended by SMACNNs Manual or the item manufacturer, to drain roof in the most efficient manner. Coordinate roof -drain flashing installation with roof -drainage system installation. Equipment Support Flashing: Coordinate equipment support flashing installation with roofing and equipment installation. Weld or seal flashing to equipment support member. Roof -Penetration Flashing: Coordinate roof -penetration flashing installation with roofing and installation of items penetrating roof. Install flashing as follows: 1. Turn lead flashing down inside vent piping, being careful not to block vent piping with flashing. 2. Seal and clamp flashing to pipes penetrating roof, other than lead flashing on vent piping. SHEET METAL FLASHING 07620 - 4 r 4 Copyright 1994 AIA MASTERSPEC 8194 3.3 CLEANING AND PROTECTION A. Clean exposed metal surfaces, removing substances that might cause corrosion of metal or deterioration of finishes. B. Provide final proteclion and maintain conditions that ensure sheet metal flashing and trim Work during construction Is without damage or deterioration other than natural weathering at the time of Substantial Completion. END OF SECTION 07620 SHEET METAL FLASHING 07620 - 5 Copyright 1996 AIA MASTERSPEC 5/96 SECTION 07710 - MANUFACTURED ROOF SPECIALTIES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Fasciae. 2. Gutters and downspouts. 3. Reglets. 4. Counterflashing. 5. mansion Joint Covers. B. Related Sections include the following: 1. Division 7 Section "Roof Accessories" for manufactured curbs, roof hatches, gravity ventilators, penthouse ventilators, ridge vents, and smoke vents. Roof accessories installed integrally with roofing membrane are specified in roofing system Sections as roofing work. 1.3 SUBMITTALS A. Product Data: For each type of product specified. Include details of construction relative to materials, dimensions of individual components, profiles, and finishes. B. Shop Drawings: Indicate layout, joining, profiles, accessories, anchorage, flashing connections, and relationship to supporting structure and to adjoining roof and wall construction. C. Samples for Initial Selection: Manufacturer's sample finishes showing the full range of colors and textures available for units with factory -applied color finishes. 1.4 PERFORMANCE REQUIREMENTS A. General: Provide manufactured roof specialties capable of withstanding wind loads, structural movement, thermally induced movement, and exposure to weather without failing. 1.5 QUALITY ASSURANCE A. Source Limitations: Obtain each type of manufactured roof specialty from one source and by a single manufacturer. 1.6 PROJECT CONDITIONS MANUFACTURED ROOF SPECIALTIES 07710 -1 Copyright 1996 AIA MASTERSPEC 5/96 A. Coordinate work of this Section with adjoining work for proper sequencing of each installation to ensure best -possible weather resistance and protection of materials and finishes against damage. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products - that may be incorporated Into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Coil -Coated Galvanized Steel Fasciae: a. ATAS International, Inc. b. Hickman: W.P. Hickman Co. C. Merchant and Evans, Inc. d. Metal -Era, Inc. 2. Coil -Coated Galvanized Gutters and Downspouts: a. ATAS International, Inc. _ b. Hickman: W.P. Hickman Co. C. Merchant and Evans, Inc. d. Metal -Era, Inc. 3. Coil -Coated Galvanized Steel Reglets: a. Cheney Flashing Company. _ b. Fry Reglet Corporation. C. Hickman: W.P. Hickman Co. 4. Expansion joint covers: a. Manville; Expand-O-Flash CFI 2.2 METALS A. Cal -Coated Galvanized Steel Sheet: Galvanized steel sheet prepainted by coil -coating process with indicated coating complying with ASTM A 755 (ASTM A 755M). " 2.3 FASCIAE _ A. Provide fasciae in shapes and sizes indicated, with shop -mitered and welded corners. Include water dams formed from at least 0.0284nch- (0.7-mm-) thick, galvanized steel sheet; anchor plates; cleats or other attachment devices; concealed splice plates; and trim and other accessories indicated or required for complete installation, with no exposed fasteners. B. Provide exposed fascia components fabricated from the following metal: _ 1. Coil -coated galvanized steel sheet in thickness indicated, but not less than the following: a. Thickness: 24 gauge Kynar coated steel MANUFACTURED ROOF SPECIALTIES 07710 - 2 Copyright 1996 AIA MASTERSPEC 5/96 2. Equal to Hickman - MBED series with 4 114" face and a fascia extension plate for an overall fascia height of 11 ". 2.4 GUTTERS AND DOWNSPOUTS A. Provide gutters and downspouts in shapes and sizes indicated, with mitered and welded corners. Include steel straps formed from at least 0.0284nch- (0.7-mm) thick, galvanized steel sheet; hangers or other attachment devices; screens; end plates; and trim and other accessories indicated or required for complete installation. B. Provide gutters and downspouts fabricated from the following metal: 1. Coll -coated galvanized steel sheet in thickness indicated, but not less than the following: a. Thickness: 24 gauge Kynar coated steel. 2. Equal to Hickman - commercial box gutter and commercial downspouts. 2.5 REGLETS A. General: Provide reglets of type, material, and profile indicated, compatible with flashing. Form to securely interlock with counterflashing. B. Surface -Mounted Type: Provide with slotted holes for fastening to substrate, with neoprene or other suitable weatherproofing washers, and with channel for sealant at top edge:. 1. Equal to Fry Expan-O-Seal reglet and flashing C. Material: Fabricate reglets from the following metal in thickness indicated: 1. Coil -Coated Galvanized Steel Sheet: 24 ga. 2.6 COUNTERFLASHING A. Provide counterflashing fabricated from the same metal as reglets and compatible with reglet system installed. B. Provide counterflashing fabricated from the following metal in thickness indicated: 1. Coil -Coated Galvanized Steel Sheet: 24 ga. 2.7 EXPANSION JOINT COVER A. General: Provide expansion Joints cover of type, material, and profile indicated. B. Roof expansion joint with curb form metal flange and neoprene bellows. 2.8 ACCESSORIES A. General: Provide manufacturers standard accessories designed and manufactured to match and fit roof edge treatment system indicated. r MANUFACTURED ROOF SPECIALTIES 07710 - 3 Copyright 1996 AIA MASTERSPEC 5/96 B. Exposed Fasteners: Stainless steel, nonmagnetic, of manufacturer's standard type and size for product and application indicated. Match finish of exposed heads with material being fastened. C. Concealed Fasteners: Same metal as item fastened or other noncorrosive metal as recommended by manufacturer. D. Galvanizing Repair Paint: High -zinc -dust -content paint for regalvan'izing welds in steel, complying with SSPC-Paint 20. E. Asphalt Mastic: SSPC-Paint 12, solvent -type asphalt mastic, nominally free of sulfur and containing no asbestos fibers, compounded for 15-mil (0.4-mm) dry film thickness per coat. F. Mastic Sealant: Polyisobutylene; nonhardening, nonskinning, nondrying, nonmigrating sealant. G. Foam -Rubber Seal: Manufacturer's standard foam. H. Adhesives: Type recommended by manufacturer for substrate and project conditions, and formulated to withstand minimum 60-Ibf/sq. ft. (2.9-kPa) wind -uplift force. 2.9 FINISHES, GENERAL A. Comply with NAAMWs "Metal Finishes Manual for Architectural and Metal Products" for recommendations relative to applying and designating finishes. B. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipment. C. Finish manufactured roof specialties after fabrication and assembly if products are not fabricated from prefinished metals. D. Appearance of Finished Work: Variations in appearance of abutting or adjacent pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are unacceptable. Variations in appearance of other components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast. 2.10 COIL -COATED GALVANIZED STEEL SHEET FINISHES A. General: Apply high-performance fluoropolymer coating, complying with ASTM A 755 (ASTM A 755M) process, in'thickness indicated, on galvanized steel sheet as recommended by coating manufacturer and applicator. Furnish appropriate air -drying spray finish in matching color for touchup. B. Fuuoropolymer 2-Coat Coating System: Manufacturer's standard 2-coat, thermocured system composed of specially formulated inhibitive primer and fluoropolymer color topcoat containing not less than 70 percent polyvinylidene fluoride resin by weight; with a total minimum dry film thickness of 0.9 mil (0.023 mm) and 30 percent reflective gloss when tested according to ASTM D 523. Durability: Provide coating field tested under normal range of weather conditions for a minimum of 20 years without significant peel, blister, flake, chip, crack, or check in finish; without chalking in excess of a chalk rating of 8 according to ASTM D 4214; and without fading in excess of 5 Hunter units. a. Color and Gloss: As selected by Architect from manufacturer's full range of colors and glosses. MANUFACTURED ROOF SPECIALTIES 07710 - 4 Copyright 1996 AIA MASTERSPEC 5/96 PART 3 - EXECUTION 3.1 EXAMINATION A. Examine walls, roof edges, and parapets for suitable conditions for roof edge system installation. Do not proceed with Installation until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Promptly remove protective film, if any, from exposed surfaces of finished metals. Strip with care to avoid damage to finish. B. Prepare concrete, concrete masonry block, cement plaster, and similar surfaces to receive roof edge system specified. Install blocking, cleats, water dams, and other anchoring and attachment accessories and devices required. 3.3 INSTALLATION A. General: Comply with manufacturer's written installation instructions. Coordinate with installation of roof deck and other substrates to receive work of this Section and with vapor retarders, roofing Insulation, roofing membrane, flashing, and wall construction, as required to ensure that each element of the Work performs property and that combined elements are waterproof and weathertight. Anchor products securely to structural substrates to withstand lateral and thermal stresses and inward and outward loading pressures. B. Isolation: Where metal surfaces of units contact dissimilar metal or corrosive substrates, including wood, apply bituminous coating on concealed metal surfaces or provide other permanent separation as recommended by aluminum producer. C. Expansion Provisions: Install running lengths to allow controlled expansion for movement of metal components in relation not only to one anotherbut also to adjoining dissimilar materials, including flashing and roofing membrane materials, in a manner sufficient to prevent water leakage, deformation, or damage. 3.4 CLEANING AND PROTECTING A. Clean exposed metal surfaces according to manufacturer's written instructions. Touch up damaged metal coatings. B. Protection: Provide protective measures as required to ensure work of this Section will be without damage or deterioration at the time of Substantial Completion. END OF SECTION 07710 F 1 7 MANUFACTURED ROOF SPECIALTIES 07710 - 5 ` Copyright 1997 AIA MASTERSPEC 8197 r SECTION 07720 - ROOF ACCESSORIES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Roof curbs adaptor. i 2. Equipment supports. B. Related Sections include the following: 1. Division 5 Section "Metal fabrications" for ladders and miscellaneous metal framing and �- supports. k 2. Division 6 Section "Rough Carpentry" for roof sheathing, wood cants, and wood nallers. 3. Division 7 Section "Sheet Metal Flashing and Trim" for shop- and field -fabricated metal flashing and counterflashing, scuppers, gutters and downspouts, fasciae, roof expansion joint covers, valleys, and miscellaneous sheet metal trim and accessories. 4. Division 7 Sections for roofing accessories included as part of roofing Work. 1.3 SUBMITTALS A. Product Data: For each type of product indicated. Include construction details, materials, dimensions of individual components and profiles, and finishes. B. Shop Drawings: Show fabrication and Installation details. Indicate dimensions, weights, loadings, �., required clearances, method of field assembly, and components. Include plans, elevations, sections, details, and attachments to other Work. C. Samples for Initial Selection: Manufacturer's color charts showing the full range of colors available for roof accessories with factory -applied color finishes. D. Samples for Verification: For each type of exposed finish required, prepared on Samples in ., manufacturer's standard sizes, and of same thickness and material indicated for the Work. If finishes involve normal color or shade variations, include sample sets showing the full range of variations expected. 1.4 QUALITY ASSURANCE A. Standards: Comply with the following: 1. SMACNA's "Architectural Sheet Metal Manual" details for fabrication of units, including flanges and cap flashing to coordinate with type of roofing indicated. 2. NRCA's "Roofing and Waterproofing Manual" details for installing units. r" ROOF ACCESSORIES 07720 -1 Copyright 1997 AIA MASTERSPEC 8/97 PART2-PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Roof Curbs: a. Custom Curb, Inc.; Adapta Curb. b. Pate Co.(The); Conversion Adaptor. C. Roof Products & Systems Corp.; Transition Curb. d. ThyCurb, Inc.; Retro-Mate. 2.2 MATERIALS, GENERAL A. Galvanized Steel Sheet: ASTM A 653/A 653M with G90 (Z275) coating designation; commercial quality, unless otherwise indicated. 1. Structural Quality: Grade 40 (Grade 275), where indicated or as required for strength. B. Aluminum -Zinc Alloy -Coated Steel Sheet: ASTM A 79VA 792M with Class AZ-50 (AZ-150) coating, structural quality, Grade 40 (Grade 275), or as required for strength. C. Insulation: Manufacturer's standard rigid or semirigid glass -fiber board of thickness indicated. D. Wood Nailers: Softwood lumber, pressure treated with waterborne preservatives for aboveground use, complying with AWPA C2; not less than 1-1/2 inches (38 mm) thick. E. Fasteners: Same metal as metals being fastened, or nonmagnetic stainless steel or other noncorrosive metal as recommended by manufacturer. Match finish of exposed fasteners with finish of material being fastened. F. Bituminous Coating: SSPC-Paint 12, solvent -type bituminous mastic, nominally free of sulfur and containing no asbestos fibers, compounded for 15-mil (0.4-mm) dry film thickness per coating. G. Mastic Sealant: Polyisobutylene; nonhardening, nonskinning, nondrying, nonmigrating sealant. H. Elastomeric Sealant Generic type recommended by unit manufacturer that is compatible with joint surfaces; ASTM C 920, Type S, Grade NS, Class 25, and Uses NT, G, A, and, as applicable to joint substrates indicated, 0. I. Roofing Cement: ASTM D 4586, nonasbestos, fibrated asphalt cement designed for trowel application or other adhesive compatible with roofing system. 2.3 ROOF CURBS A. General: Provide roof curb adapter unit to mount to existing rooftop equipment curb and existing mechanical equipment Rooftop adaptor shall be capable of supporting superimposed live and dead loads, including equipment loads and other construction to be supported on roof curbs. Raise existing rooftop units to height required on drawings. ROOF ACCESSORIES 07720 - 2 7.1 Copyright 1997 AIA MASTERSPEC 8/97 B. Fabrication: Prefabricated rooftop adapters to be manufactured of prime galvanized steel contruction, 18 or 14 gauge as required, meeting ASTM A446, 525 & 527, with welded corners and with seams r joined by continuous water and air tight welds, Adaptors shall be insulated and internally reinforced r to support equipment load and include necessary block -offs to allow use of existing ductwork. C. Manufacture to field verify all existing rooftop units to insure proper fit between existing rooftop equipment base to new adapter base and existing roof top units. 2.4 EQUIPMENT SUPPORTS A. General: Provide equipment supports as indicated on drawings. Field verify dimensions of existing rooftop equipment to be supported. B. Fabrication: Unless otherwise indicated or required for strength. 1. Provide preservative -treated 2x wood blocking for curbs and treated 2x blocking for mounting to roof. 2. Provide cants: preformed 4"x4" with 45 degree angle and a 5" face. Cant material shall be molded asphalt Impregnated organic fiber or fire resistant perlite. 3. Fabricate units to minimum height of 10 Inches above finish roof surface, unless otherwise Indicated. 4. Sloping Roofs: fabricate support units with height tapered to match slope to level tops of units. 5. Metal flashing sheet: Metal flashing sheet is specified in Division 7 Section 'Sheet Metal Flashing.' 6. Steel angle equiment supports: Steel angle supports are specified in Division 5 Section 'Metal Fabrication' 2.5 FINISHES, GENERAL A. Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. B. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping. C. Appearance of Finished Work: Variations in appearance of abutting or adjacent pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are not acceptable. Variations in appearance of other components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast. 2.6 GALVANIZED STEEL SHEET FINISHES A. Surface Preparation: Clean surfaces with nonpetroleum solvent so surfaces are free of oil and other r contaminants. After cleaning, apply a conversion coating suited to the organic coating to be applied over I. Clean welds, mechanical connections, and abraded areas, and apply galvanizing repair paint specified below to comply with ASTM A 780. 1. Galvanizing Repair Paint: High -zinc -dust -content paint for regalvanizing welds in steel, complying with SSPC-Paint 20. PART 3 - EXECUTION r C: 7 ROOF ACCESSORIES 07720 - 3 Copyright 1997 ALA MASTERSPEC 8/97 3.1 INSTALLATION A. General: Comply with manufacturers written instructions. Coordinate installation of roof accessories with installation of roof deck, roof insulation, flashing, roofing membranes, penetrations, equipment, and other construction involving roof accessories to ensure that each element of the Worts performs properly and that combined elements are waterproof and weathertight. Anchor roof accessories securely to supporting structural substrates so they are capable of withstanding lateral and thermal stresses, and inward and outward loading pressures. B. Install roof accessory items according to construction details of NRCNs "Roofing and Waterproofing Manual," unless otherwise indicated, C. Separation: Separate metal from incompatible metal or corrosive substrates, Including wood, by coating concealed surfaces, at locations of contact, with bituminous coating or providing other permanent separation. D. Flange Seals: Unless otherwise indicated, set flanges of accessory units in a thick bed of roofing cement to form a seal. E. Cap Flashing: Where required as component of accessory, Install cap flashing to provide waterproof overlap with roofing or roof flashing (as counterflashing). Seal overlap with thick bead of mastic sealant. F. Operational Units: Test -operate units with operable components. Clean and lubricate joints and hardware. Adjust for proper operation. 3.2 CLEANING AND PROTECTION A. Clean exposed surfaces according to manufacturer's written instructions. Touch up damaged metal coatings. END OF SECTION 07720 ROOF ACCESSORIES 07720 - 4